Copyright, Trademark, and Intellectual Property for Photographers
Lesson 7 of 15
Guarantee and Cancellation Clauses
Guarantee and Cancellation Clauses
Here's another clause we talked about this already this is the no guarantees cause so this is basically saying that you will do the work in a professional manner and you know in a way that is exercise buying consistent with the standards of the profession so that just saying that you'll be professional however, studio cannot guarantee the outcome of the photographer who services and studios comments about the outcome are expressions of opinion only ok, so that's really just protecting you? We've talked about it already that won't go into too much depth, but I just this is what a no no guarantees clause looks like and just a note if you've purchased this class, then you also can use these clauses okay, so you feel free to cut and paste them into your client service agreement and use them in your own business. So this is another piece of the no guarantees clause studio does not guarantee that everyone at the event will be photographed or that everyone at the event will be included in the...
final edited photographs studio reserves the right to edit and delete images as that deems fit in its sole discretion that's preserving your right to edit the photos in whatever way you want and you're not guaranteeing that there's going to be a photo of this and there's going to be a photo of that and there's going to be a photo of this person right, so it allows you to have that creative license you want to preserve your room, tio two do whatever feels right to you as a creative and then this is that clause that I mentioned earlier that makes you not responsible for the and, you know, the work of the independent contractors. So if you provide hair and makeup or wardrobe stylists, you're making it clear to the client that you're not guaranteeing their work. So another clause that should definitely be in your client service agreement is a cancellation cloth. Um, so this is really to preserve your time now, it's, easy to predict that, you know, a cancellation will happen, right? Someone could have a death in the family, they could get sick, all variety of things could happen, and they might choose to cancel their shoot or cancel their contract with you all together. So this preserves your right to get paid in the event that they do that. So client may counsel this agreement for any reason by providing a minimum of the harbor many days written notice, so you might want to fill in five days, ten days, thirty days. Whatever makes sense for your business, cancellation of this agreement by client will not extinguish client's obligation to pay the fee specified in paragraph two a paragraph two ways where you're talking about money, right through the last day of performance or the whatever day seventh first third day after notices provided whichever comes later okay, so what that's doing is saying just because you canceled does not mean that I don't get paid okay? Because I've prepped for this my team is prepped for this I've got people in place to do this shoot so if you're going to cancel I still need to get paid and this clause makes it possible for that to happen okay, so that's what a cancellation clause looks like feel free to grab that and add it to your to your contract that you need to know that you've got to have a cancellation clause in there and then the other thing too is you want to reserve your right to cancel at any time freely, right? Okay, this is not about fair I mean, you know it's fair because you're letting the client know up front but just because the client has to give you seven days notice doesn't mean that you have to you need to preserve your rights as a business owner to do what works for you so you as the business owner the studio may cancel this agreement at any time for any reason by providing written notice to client so let's say a huge, amazing massive opportunity comes along and you've got a shoot scheduled with a client and you need to cancel it this preserves your right to do that without any harm coming to you, right? So you know, obviously you may want to give the deposit back but you know it's your choice you can make the deposit nonrefundable it's up to you what I always recommend to my clients and you'll hear me say this a lot throughout all of the courses that I do for creative live is that be a hard ass in your contracts? Ok in your contracts you wantto protect yourself from the crazy clients out there who you know might make your life difficult. You want to be a hard ass in your contracts and make sure that you're protecting yourself in your business and your livelihood and how you make money and your intellectual property in your contracts and then in reality you could do something else. So if you make your deposits completely non refundable no matter what happens, you're not getting this money back. You have a right to do that in that contract. However, if in real life you feel like ok I'm sorry I cancelled I know it's inconveniencing you here I will give you your deposit back let that be a choice that's up to you to make ok and it could be with deposits or anything else you know you want to be a hard ass in your contracts and then in reality you could be softer and nicer if you choose to, but then it's up to you, it's optional. Okay, so that way, you know it allows you to preserve your no asshole policy. So someone's an asshole to you and giving you a hard time. That sort of protects you on dso. You can be a hard ass in those situations.
Whether you photograph weddings, capture senior portraits, or shoot high-fashion images, understanding key concepts like intellectual property, copyright, and trademarks is an essential part of succeeding a working photographer.
Join Rachel Rodgers to explore the core concepts of intellectual property that every photographer should know. You’ll learn when and why you need model releases. You’ll also learn how to create client service agreements that protect your best interests. Rachel will also guide you through common infringement issues many photographers face.
The skills you learn in this course will enable to you to be your own best advocate, and both defend and profit from your images.