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  1. #24
    Administrator ricktas's Avatar
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    In the end, what each and everyone of us wants in a contract, as to what conditions of use, who owns what, how much, etc is our own decisions. There is no perfect contract that covers all of these. Yes you can get generic basic contracts on the net from a range of places, some of which may have been looked over by a copyright lawyer, or other lawyer, some will not have been.

    Whilst in the vast majority of cases, parties to a contract abide by it, and it is never tested in Court, it is good to ensure your specific contract is well written, with wording that is unambiguous, is not breaching Law/ You cannot contract out of the laws of Australia - how often do we see companies in court for breaching fair trading cause they had a sign that said they would not refund/exchange? Just cause you have sign you cannot cease to abide by the law. Having a good contract just in case you end up with that one client, who decides they want to dispute the terms, is a good start. It is best to be well prepared with a good contract wording to start with, than to have to argue in court the meaning of a sentence. Most of us will never end up in this situation, but there is always someone who does.

    So as I said at the beginning, if you are going to write your own contract, or change a pre-existing one, make sure you have it worded well (legally) such that it will not be picked apart in court. There are probably thousands of variations of photographic contracts out there, some will be good, others less so. Why risk ending up having to pay compensation etc, simply cause a sentence in your contract was argued to be ambiguous, or not allowed under Law.

    The other thing is professionalism and planning. If you act professionally (even if you are not a professional photographer), if you communicate with your clients well, and ensure past clients are always welcome to contact you, then if you keep those communication lines open, are honest and act in good faith at all times, you lessen your chances of being held legally accountable. In the end the contract is about 5 minutes of what (for a wedding) can be 40 hours or more of work. Even with a badly worded contract your chances of ending up with an issue are low, if you adhere to being professional, and act within the spirit of the contract.

    In some states you are required to explain major points of any contract, thus for domestic portraiture you need to also tell the client that they own copyright, and that you are seeking to regain that, in the contract, not just have it written as a clause. But are you going to get in trouble if you don't, most likely not.

    All we are doing, on an internet forum, is making you aware of what can happen (worst case scenario) and making sure you understand what is required to ensure a contract is well worded and sound. What you choose to do with all this information is your choice, cause you, as a signatory to the contract are legally responsible to uphold it, not us. So it is in your best interest that it is worded well.

    I suppose in the end you have to ask yourself, are you 100% positive that your contract, in your words, is good enough for a judge,magistrate and lawyers, not to pick to bits and get you on a technicality? Cause if there is one, they will! But if you are 100% happy with the wording of your contract, go for it!
    Last edited by ricktas; 16-01-2015 at 8:14am.

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