Extreme Newb Question...need advice on "business plan"

[darrenwilson]

I will be travelling back to my adopted hometown during spring break and will be advertising for my first paying photography gigs. Every time I go back , I usually take photos (for free) of friend's kids, neighbors, etc., and they always say that I should start charging and expand my services. So..I am jumping off into uncharted territory.

Here is what I plan on doing: http://www.darrenwilson.net/photography
1. Shoot client.
2. Process Images.
3. Collect fee.
4. Burn CD.
5. Move to next client.

Things in this very small town are low key and relaxed, so right now I am not planning on using a contract. Is this a mistake? Also, If I plan to continue this in Irving (where I live and work) as a side job, would a similar business plan work? Or, will it come back to bite me in the rear?

I want to keep things super simple, so an easy workflow for me is more important than a large profit. Realizing that I would never make a living at it this way (even if I was a great photographer), what problems do you forsee with this?

Also, I don't want to cross post, so feel free to comment on the site design.

[picasso]

Hi!

I like your site and you have good plan it seems. One question that comes to mind is how will you advertise? You mention on your site that times will fill up. Are you advertising in the local paper or just word of mouth? You must know a lot of people there if it is just word of mouth and you are just coming in for a short period of time.

Paul

[darrenwilson]

Paul, I am running a pretty decent sized ad (6"x4"ish) in the local paper for the next three weeks. I also have a few contacts there that are passing out cards for me and doing some word-of-mouth advertising among their friends. In a town of 1,800 people...word travels quickly.

Besides, when I don't have many timeslots to start with, they will inherently go quickly.

Thanks for the reply.

[HotHolly]

One tip (BIG tip) is to change up the order:
*Sign contract
3. Collect fee.
1. Shoot client.
2. Process Images.
4. Burn CD.
5. Move to next client.

Also we ALWAYS use a contract. It stipulates what they are getting for the price so there are no questions at all. Friends and family also use it. We've shrunk ours down to contract print size (9 pt font) that is 1 page front and back AND it includes a model release. Should you get any great images you want to use on your website, newspaper, or what have you, you need the release to use the persons image.

Many people do NOT like to sign anything after the fact. Model release included. We had one model (that is a friend) weird out on the model release once and I had to go a long ways to get her to sign it. When its offered up front, everyone happily signs.

The same thing happens with the money and the contract. Get paid up front - less issues in the end. And trying to get payment from cheap people is like getting a root canal for fun.

Good luck!

[darrenwilson]

Good advise, Holly. I actually had a friend challenge me on the no-contract thing and that's why I posted here. I agree that I would rather take care of this first than try to work something else out after the fact. Especially since I am not planning on delivering any prints...only a CD. I think this might be a new concept for some to understand. Is anyone else doing it this way...no prints, just the images on CD?

Also, is the contract and model release the same document? Do you know of any templates that are available that I could easily adapt for my use?

[Stephen H]

A couple of things come to mind. Your site mentions "all" photos are on CD, and I know there's been discussion in times past about brides wanting rejects- so maybe offer "photos on CD", not "all photos on CD". Secondly, you don't give any kind of idea of how many shots or poses that includes. Or more to the point, how is your deal better than Sears $8.95 deal? (I'm not asking you, just the ad ought to give an idea).

[HotHolly]

Originally Posted by darrenwilson

Also, is the contract and model release the same document? Do you know of any templates that are available that I could easily adapt for my use?

I can PM you an old contract of ours so you can see. It has the larger font. The contract includes the model release, the copyright info, and all the legal junk. When we started I wondered if we should use contracts or not and the NYer in me said Hell Ya! Then after reading through other peoples issues that arose from no contract, and then being glad we did use contracts, its become customary. The main thing is for you to act like its normal - then they will.

Also, Sears, WalMart, Owen Mills, Picture Peeps, and them all have the fine print (aka contract). For some of them its on the back of the order form or there when you sign up for a sitting or for Smile Savers. Calling it a contract may be what freaks people out. We call it an agreement - same difference, but less sue-able terms seem to put people at ease.

You want disclaimers, liability, copyright, and model releases. It has to go somewhere. And rather than giving them an order form, a session form, a model release, and a copyright form, it seems to make sense and be less intimidating sticking it all on one form.

We do not sell digital negatives right now. Our "look" comes from a combination of things, with post processing being one of them. Until I figure out how to detour the Photoshopping to make my stuff look bad, I'm not selling the files. BUT most people do sell the files, with or without prints. They usually have reprint rights in the contract. Never release ALL rights to someone.

I'll PM you a sample contract. The PPA has sample contracts too...if you are a member

[darrenwilson]

Stephen and HotHolly, GREAT INFORMATION. That was what I was hoping for. Holly, I got the contract and will work on that today. Stephen, good eye. I did remove the "ALL."

Anyone else?

[DeLeon]

Here is a form I use for client info and a model release, its seemed to work for me so far. It doesn't have much legal info as it should, but its what Ive been using for a little while now.

[darrenwilson]

Thanks Holly and DeLeon for sharing the contracts. I will be working on these tonight. I can't thank you enough. In fact, its amazing how much I've learned (and am still learning) in the short time I've been here. Thank you all. I will post photos from my new adventure in a few weeks.

[Bruce M. Morris]

Darren,
There is something you might want to consider if any of your customers might be going to a Walmart or other facility to print the photos that you are giving them on disc. If the photos LOOK professional (ie backdrops, studio lighting or other things that we use), the photo processing facility might not allow them to print the images. Apparently a few years back, one of the big places got sued by a photographer for printing images that a customer had copied, so now they are 'gunshy' of putting themselves in that position. If your customers are printing at home then it isnt an issue.

[HotHolly]

Originally Posted by Bruce M. Morris

Apparently a few years back, one of the big places got sued by a photographer for printing images that a customer had copied, so now they are 'gunshy' of putting themselves in that position. If your customers are printing at home then it isnt an issue.

Good point - if they have reprint rights, include a READ ME file on the disk, so they can print it and present at WalMart. Then they will print.

I've found that our area 1 hour photos still print anything - with or without copyright permission. The PPA had a crack down a while back. Maybe that's what Bruce was thinking of? Some stores are more ethical than others. And we had 1 kid that must have been screamed at by her boss from copying someone's wedding photos, b/c when I came in later that day to run a few layouts for an Asuka Book, she refused to print them. Showed her my PPA, WPPI cards...and she still refused. When I showed her my biz card, she grabbed her boss, then he showed her where the paperwork was located. Im guessing legal issues had been threatened recently. By all means, that isnt the normal 1 hour photo experience.

Fastest way around it is to inform your customers of the affidavit at the 1-hr photos and present them with their reprints rights letter - from you.

[darrenwilson]

Good call. I had already thought of that. I did manage to take an exceptional (exceptionally lucky) photo of my neice over Christmas and both the CVS and Sams employess gave her a hard time about it being "professional." That actully made me feel pretty proud.

I was planning on doing up a CD label with my logo and a Creative Commons statement on it. I have also added a paragraph in the contract that they will have a copy of. I had also thought about creating an image of a copyright release statement on it and burning it on to the disk with the photos. That way, when they put the CD in the computer at the photo center, the statement will be viewable on screen, just like the photos. Overkill?

[HotHolly]

I don't know what they would do with it as an image. People are weird. Either way, your client will have to sign that paper if they question anything. And its short, so hey.

PS - WalMart tries to strip you of all your rights on that paper. They have multiple boxes to check off - one states that you release ALL rights to WalMart. Don't check that box. I'm guessing that's the photographers paper and not the normal persons, but you never know.

:o)

[darrenwilson]

I was just thinking that if it was part of the photo files and showing up in the kiosk display screen, it might look more official to the Walmart employee. I didn't realize there was something that had to be signed if a question came up.

Thanks again.