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07/26/2006 07:00:43 PM · #1
In my wedding contract I have a clause that states

"It is understood that no other photographer, amateur or professional, shall be allowed to photograph at the wedding while the photographer, Carisa Keeling is working, and that any breach of this agreement will constitue a reason for non-completion of the job with no liability to said photographer, and the loss of initial deposit by signing party."

I have had three clients ask me about this clause in the last month. "Does this mean that no one else can take snap shots during our wedding?" Of course, that is not what I intend, I just don't want someone snaping shots off over my shoulder, or getting in the way, or ruining the lighting with their P&S flash while I am taking pictures. What is the best way to phrase this so that it makes more sense, but still sounds firm, like I can enforce it if it becomes a problem.

Any help or suggestions would be greatly appreciated. I started a separate thread for this one (I just asked another question about a contract) because I felt the issues were too different to put together, hope that is OK...
07/26/2006 07:02:28 PM · #2
"It is understood that ___ is the exclusive official photographer and that others taking photographs will be permitted only at our discretion."
07/26/2006 07:26:59 PM · #3
how about stating that, during formal sessions or pre-planned shoots, no other photographing is allowed. This allows snapshots during non-formal times, when you are getting candids, but keeps others away while you are doing the wedding party and family shots. You also might explain the reasoning to put their mind at ease.
07/26/2006 08:20:39 PM · #4
I am not sure that this is best dealt with in the contract with the happy couple. How about asking the crowd politely before the service to wait for pictures until after you have finished?
07/26/2006 08:28:33 PM · #5
I do feel that it needs to be in the contract. I have heard of people hiring more than one photographer, or the horror stories of the uncle that followed the pro around all day taking shots over their shoulder. This also covers my butt so to speak if a guest unthinkingly steps out in front of me during a key shot and I miss it (or just get the back of their head). I think I need to combine what dahkota and keybosh said...it is just a matter of getting the wording right...

Thanks for the opinions,,,I appreciate them!

Any other opinions?
07/27/2006 07:51:20 AM · #6
I would suggest something light that reflects the reality of the situation (and only goes as far as necessary to protect your position - you would never really pack up your bags just because an adoring uncle took a photo over your shoulder, I hope!).

"You will not hire any person other than Carisa Keeling to take still photographs at your wedding.

You are responsible for ensuring that any guests taking still photographs or video at your wedding will not interfere with Carisa Keeling's photography, and agree that she will have no liability to you if they do. "
07/27/2006 10:19:28 AM · #7
See a laywer.
Spend the money and see a laywer.

The purpose of a contract is to put in writing the agreement between two parties, or perhaps more to the point, to protect YOU, right?

I can guarantee the first thing a pissed off bride will do is take your contract to a lawyer, and if the contract does not follow the legal standard for your state he will tell them sue, and they will win because the contract, or parts of it, will not be legally enforceable.

For example, here in pennsylvania Deposit is a legally defined term and a deposit is ALWAYS refundable. A retainer is the word you need to use. Simple change, IF you know to make it.

I sold real estate for 5 years and it's common to add a clause 'seller will clean out old shed before closing' - you know, simple common stuff. We were told repeatedly that even something as simple as that is defined as practicing law, and no, we didn't have a license for that - so a judge could throw out ANYTHING we wrote up like that IF they wanted to.

So if you want your contract to be worth more than the paper it's written on, spend a few dollars and see a laywer!
07/27/2006 11:17:40 AM · #8
Just an idea, never been tested.
Along with an anouncement on the mike.

How about putting up one of two signs on an easel off to the side of the subject, on bright-flourescent spotlighted panels. You'll have to signal a helper to change-signs and make the anouncements.

Like the anouncement-cards in theatres that do plays/orchestra-concerts. I think most will adhere to the fair requests. Although some candid exciting moments can't be repeated for the amateur session.

something like:
Sign-ONE
Line-1: "PLEASE!, PROFESSIONAL PHOTOS ONLY"
Line-2: "COMING UP - AMATEUR PHOTO SESSION"

Sign-TWO
Line-1: "GENERAL PHOTO SESSION"
Line-2: "COMING UP - PROFESSIONAL"
OR

Sign-ONE
"PHOTO SESSION IN PROGRESS"
" PROFESSIONAL-ONLY"
" COMING UP - GENERAL SESSION"
07/27/2006 11:29:55 AM · #9
Originally posted by Prof_Fate:

...if the contract does not follow the legal standard for your state he will tell them sue, and they will win because the contract, or parts of it, will not be legally enforceable...

...We were told repeatedly that even something as simple as that is defined as practicing law, and no, we didn't have a license for that - so a judge could throw out ANYTHING we wrote up like that IF they wanted to. ...


I think that this is a little alarmist. I am not a US lawyer, but have some familiarity with the jurisdiction. As far as I am aware, in the US you do not have to follow a strict legal standard form for contracts to be enforceable, and you do not need a licence to prepare your own contractual terms.

A contract contains relatively little "magic" wording, but lawyers are used to thinking around a subject and providing wording that is reasonably comprehensive. An exception is in respect of Real Estate, where there are a number of formalities that are irrelevant in general commercial contracts (this maybe where Prof_Fate is coming from).

If this is your livelihood, it may be worth paying for a good standard form contract, or paying for one to be drafted especially for you. If you have one already that you are simply tweaking, then the wording I gave you should be sufficient for most purposes.
07/28/2006 12:16:55 AM · #10
In PA a 'non refundable deposit' is absolutely meaningless, legally speaking. Not so in other states.

Back in business law class they went over the details of what constitutes a valid contract. They stated a verbal contract is a contract - but try and get it enforcred and see how far you get.

Anyone can sue anyone for any reason - whether you win or not is another matter entirely. Generally, for amounts under a few thousand it will cost the person suing more than they will win, so most laywers will tell them to forget trying.

to the OP
most people will be courteous and let the paid pro get the shots. If you expect issues, explain to the B&G before the ceremony that there is only so much time for pics, and while you don't mind Uncle Harry etc taking a few shots, too much of it will maen teh b&g won't get the shots they're paying you for. so if you have a crowd with cameras, at the first pose it helps to say to the crowd "I'll set up the poses and get my shots, then you can all step in and take a few. Time is limited and we have a lot of shots to get, so please make it quick."

You come off as a nice guy and everyone understands the ground rules.
07/28/2006 03:14:11 PM · #11
Chris..."I'll set up the poses and get my shots, then you can all step in and take a few. Time is limited and we have a lot of shots to get, so please make it quick."


I typically say something similar to this when I start taking pictures. I have not had to repeat myself as of yet, and I personally haven't had any problems with guests getting in my way or anything like that. Do you have a clause like this in the contract that you use?
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