A GOOD BASIC BID/CONTRACT FOR YOU

This is a very good Terms document that you can use for your bids. Highly vetted, it hits all the right points for commercial photographers.

Agreement: This agreement between Photographer (_______ ) and the Client (__________) governs the assignment described in the estimate and these terms and conditions constitute the entire agreement between the parties concerning the assignment.

Estimate: The fees quoted by the Photographer are for the original job description as presented by the Client. Any subsequent changes, whether made orally or in writing may result in additional charges. The accompanying quote is a good faith estimate of the time and expenses the Photographer anticipates.

Client Representation: The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a client representative is not present, the Photographer’s interpretation shall be deemed acceptable.

Definitions: ‘Publicity’ use is when the Client submits to an outside publication (print or electronic) for editorial use and The client is not paying for that use. ‘Advertising’ use is when the Client is paying for the placement of a photograph in whatever media it appears (print or electronic). ‘Collateral’ use is when the photograph appears in a publication or materials the Client produces (print or electronic) and whose audience is employees, customers, shareholders, or the general public. ‘Personal Display’ use is when a photographic print is hung in a home or office and will not be seen by the general public. ‘Commercial Display’ use is when a photograph is hung in a public place.

Additional Usage: If Client wishes to make any additional uses of the photographs not covered in the initial agreement, Client shall obtain permission from the Photographer and pay an additional fee to be agreed upon.

Copyright: Grant of any reproduction right to the Client is conditioned upon receipt of payment in full.
All rights not expressly granted in writing shall be reserved by the Photographer.
Copyright shall remain the photographer unless expressly noted on the rights granted to the client.

Authorship Credit: A credit in the name of the Photographer shall accompany his/her photographs whenever practical and customary.

Retouching: All final processed files include basic clean-up or as quoted in fees. Any retouching requested by the Client beyond the initial agreement will be billed at $100/hr.

Tearsheets: The client will provide Photographer with two entire copies of any publications his/her photos appear in (except in cases of Publicity use) upon publication.

Payment: Advance payment may be required to initiate production. The client shall make the final payment within 15 days of the invoice. Late payments will be billed at the current Prime APR + 10pts.

Cancellations/Postponements: In the event of a cancellation or postponement of a shoot by the Client or subject, Client shall pay all expenses incurred by the Photographer up to the time of the cancellation, plus a fee to be agreed upon. If a shoot is canceled within 24 hours of departure for the shoot, the Client shall also pay 50% of the anticipated photographic fee and 100% of the anticipated fees of any subcontractors booked for the job.

Indemnification: Client hereby indemnifies and holds the Photographer harmless against any and all liabilities, claims, and expenses, including reasonable attorney fees, arising from Client’s use of Photographer’s work. The Photographer similarly indemnifies and holds Client harmless against any and all liabilities, claims, and expenses, including reasonable attorney fees arising from Photographer’s negligence.

FROM FINDING PHOTO CLIENTS NOW

SMART BIDDING PRACTICES:

Prepare a Bid That Leaves “Room for Negotiation”.

One of the easiest ways to be able to negotiate is to have things that are negotiable. If your bid is a single fee price, you may have a problem figuring out what to cut. And how to re-arrange things that you will have to be responsible for if the shoot is a go is a terribly difficult thing to do in your head – with the client on the phone.

Working in your head makes no sense. Write things down. Use bidding software, or create a spreadsheet to keep it all in order.

“Line Item” expenses are a good way to let your client see what is involved and what it will take to make the photographs they need. Airfare, food, assistants, prop rentals, car rentals, hotels, stylists, MUA’s, models, and more. Sometimes much more, are needed to do the job to your client needs.

Creating the line items means two things: Charge what it is worth, and add some markup when possible. Some ad agencies require backup documentation, so be aware of what you can and cannot do and adjust accordingly.

Then add each line item with the amount that you need. Be very meticulous when preparing these estimates and make sure you do not low-ball the pricing of these line-by-line items. They can be definite places for negotiation. Price them at what you research as a fair price, but not the cheapest you can find. If you are already at the bare-bones number, you have no wiggle room.

And in the art of negotiation, wiggle room is a good thing to have.

So let’s say we have a bid going out for a two-day brochure job on location. We will need to have an assistant for the heavy lifting and digital assistance.

I could say “$12,000 for the shoot”.

The client calls and says, “We are pretty good, but we can only get the client to spring for $10K. What can you do?”

Without the itemized list of what it will take to do the shot, it becomes a crazy mix of numbers in your head. And that can mess you up terribly. Without the line items to refer to, you are changing things and missing opportunities. What do you chop without sounding like you had no idea what you were doing when you tossed that number out?

It becomes more heartburn.

The Line Item Approach

However, with the line item approach, we can negotiate ways to do what needs to be done.

Shoot Fee: | $5000
Usage Fee: | $2500 (Client wants buy out on two images)
Assistant: | $600 per two days
Equipment Rental: | $500 (lights, stands, additional boom, backup pack)
Travel (8 hrs total) | $950
Gas/Vehicle | $350
Food | $300 ($75 per diem per person)
Hotel | $650
Scouting | $500
Digital Storage | $300
Miscellaneous | $200

First – the top line is off the table as much as possible. If you charge that much, then that is what you charge. If you start to negotiate that fee, then you will lose every time. (Note, I am not saying you shouldn’t do what you have to do, but for me – if that is what I said I needed for me, changing it only says I wasn’t sure what I actually was doing, and my first figure was pulled out of thin air.)

What if we are able to convince the client that they don’t need a buyout, only usage for the two images for the brochure run. That could save $1500 there. Can we find cheaper accommodations with the client’s help or through Priceline? We could save a bit there. The client has already picked the location, so instead of a scout, we only need to swing by and check it out… $100.

And we have arrived at the client’s price of $10K without too much pain and angst.

I may opt for Mickey-D’s and Subway for $40 a day if it gets me the gig. I can find cheaper accommodations, and maybe I waive the travel if they can provide it in-house. But I don’t change the number at the top. That is my fee. THAT is what I need to be paid for doing the work as described. Carved. In Stone.

(Or at least a very hard, igneous material that would be difficult, but not impossible, to alter. I’m just sayin’…)

Compromise and finding ways to work together are an important part of your photography business. Do not pass on the opportunity to roll up the sleeves and get into the hard work of finding out how you can make it work. Your client will appreciate it – and you will have more opportunities to shoot for them.