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Why A Signed Contract Beats A Gentleman’s Agreement

October 3, 2016 by Seshu | Editor & Publisher

The Confession

Bear with me …

Confessing my screw-ups in public does NOT come easy at all. Yet, I have to do it.

I have two of them to offer you. Two quick lessons that will save you from a similar fate and will likely make you more money down the road.

Last week, I got myself into trouble. Real trouble. Business trouble, and not the criminal kind.

A vendor (let's leave his specialty out of the conversation for now) contacted me a few months ago about a date and an event he wanted photographed. He and I had had a gentleman's agreement. All was well and then he went on an extended vacation without exactly telling me when he would be back.

I held the date for him and then emailed him twice, attempting to confirm the timeline for the shoot. All I heard back were … crickets.

Then a frantic email arrived last week from him: “Seshu, why aren't you on the schedule?”

I was flabbergasted.

I had held the date as long as I could but I had another client call in during the time the vendor was away.

Business is business, right? So I booked the portrait session but made sure it was at the tail end of the same day (just in case I had to photograph the event anyway).

I told myself that I will be done photographing the vendor's event and then be able to make it to my own client's portrait session.

But that didn't sit well with the vendor. His expectations were different and because we hadn't discussed the details or put them down on paper, it was all very ambiguous to both of us.

And he got mad. Then I got mad. Well …

Don't Give Miscommunication A Chance

Ambiguity kills relationships. So, last Thursday after going back and forth on email about the snafu, miscommunication or what he perceived as me trying to “double book” (which I never do), we broke our ties.

Forever.

Ugh!

Yeah, I should have picked up the phone and just called the guy right? That's another lesson for another day.

It wasn't the the loss of revenue that has troubled me the most since the incident. What aches my soul is now his perception of me has changed … forever.

Good news travels fast and bad news, faster.

Where I Failed

In a world of amateurs, I failed to be the professional. I didn't produce a contract that spelled everything out for the vendor so that he knows what to expect – arrival times, departure times, the number of photographs (enhanced or not), delivery time for the final photographs and the delivery method etc.

Being a professional, I have learned, is about having agreements that everyone, well, agrees to. Having it in writing makes it legally binding, in the end helping everyone involved. Having a contract brings clarity and business peace for all.

Contracts are intended to set the bar of expectations and inform the clients of the photography relationship process. – Rachel Brenke

Rachel Brenke's Contracts

If you haven't heard of Rachel Brenke, she is a photographer AND a lawyer who publishes one of the most helpful websites called The LawTog.

To celebrate her birthday, this week alone, ALL of her contracts are on sale right now. If you don't have a contract specific to your situation, I would urge you to seek her's out.

Rachel Brenke's The Lawtog – Signed Contracts Bring Peace Of Mind

It is awfully tempting to “Google” photography contracts and just swipe one from the Internet.

My advice: Do not do it.

Foremost is the reason that those other contracts aren't guaranteed to have been written by a lawyer (much less seen by one for accuracy and veracity). Secondly, you have no guarantees that the lawyer has truly your best interests in mind.

This is where Rachel shines – not only has she gone through law school, she is a photographer who for years perfected her contracts.

So, you are probably wondering, if I knew about Rachel's contracts why I didn't use hers, right?

That was screw-up number two. And it totally stinks.

The Sale Ends Soon

Don't wait too long to snag Rachel's photography contracts. Whether you are a wedding photographer or a portrait photographer, there is something in there for everyone.

The sale ends on October 7th. Use the code: mybirthday20

Yes, I make a small commission when you buy using my link, but that's not why I am mentioning Rachel's contracts. She has helped hundreds of photographers and I believe she will be able to help you out too.

Would you want clarity and peace of mind versus confusion, chaos and lost opportunities? The choice is clear. Get the right photography contracts here.

Filed Under: Business, Home Middle Left, Photography Tagged With: agreements, Contracts, customer service, meeting expectations, Rachel Brenke, signatures

Introducing Rachel Brenke’s The Law Tog & BizRevamp

April 10, 2014 by Seshu

Rachel Brenke's The Law Tog has helped scores of photographers to get legally legitimate. If you were working without a contract, she can hook you up. If you have a legal question about delivering files or photographing minors, she always has a ready answer on her popular blog.

Rachel Brenke, The Law TogRecently I had an issue where some of my content from this blog suddenly appeared on another site. I had not given the other website my approval to copy and paste my content. So, I approached Rachel and asked her what I should do about it. She gave me two solutions: 1) try and contact the other blogger and ask that the content be taken down and 2) to check out Google's DMCA website, which essentially allows a copyright holder to complain about an offending website. I did both and voilá, the content on the other site disappeared!

I spoke with Rachel about the importance of contracts for photographers. Here is that discussion:

Today, Rachel is doing two things that you should pay attention to:

1) She is relaunching her online course, BizRevamp for photographers.

Photo Biz Revamp by Rachel Brenke

In it she'll cover these and other important topics in this well-regarded course:

  • How to set up a legal photo biz so they can stay legal and protect your assets.
  • A simple system to manage and file your taxes the right way.
  • The minimum insurance coverage your photo biz needs to give them peace of mind!
  • How to get a solid contract with no holes that covers you!
  • Website and social media quick-fixes that get you the inquires and new clients you’re losing out on right now!
  • A streamlined WORKFLOW that minimizes stress and maximizes your money-making potential!
  • How to generate more cash (even if you aren’t into in-person sales)!
  • How to create your custom business plan to finally reach your goals!
  • Enrollment will occur April 10-15th, 2014 (that's starting today folks!)
    Pricing: $479 pay in full by Paypal or credit card OR $89/month for 7 months payment plan by credit card.

    I would enroll in this now!

    Rachel is generously giving away one valuable seat to this online workshop (she takes only a limited number of people each time). If you want to win, tell me why you want to win and how this course is likely going to help you. Please have a valid and active website address and include your email. If you don't include your email address there is no way for me to contact you to let you know you won. Winner picked on the 15th, at 5 pm EST. Only the winner will be notified!

    2) Rachel will be presenting on CreativeLive (for free) about balancing work, family and photography. You should check it out too!

    Filed Under: Business, Featured Post of the Day!, Photography Tagged With: Contracts, Law Tog, Online Courses, online workshops, photographer, Rachel Brenke

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    About Seshu

    Seshu creates relaxed portraits of families and high school seniors in Avon, Connecticut. He also leads a successful headshot photography studio in Connecticut, helping professionals from a variety of disciplines project the very best versions of themselves. He created Tiffinbox as a way of inspiring photographers, to create better images and successful businesses. [Read More]

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