Getting Paid

A pretty difficult subject for people to get their head around being a wedding photographer is the simple question of being paid. You see many wedding photographers do it for the love of the art not for the money. This means that they probably don't have an airtight contract or terms and conditions to start with which means they have no way to ensuring they get paid other than withholding photographs from a wedding. Me; I'm a soft touch who loves my wedding photography, loves my clients but also realises that I have a mortgage to pay, car to drive, kit to buy, insurance to purchase and food to eat. Therefore whilst I love my clients I also love being paid! This post is more for photographers than couples; but if you're a couple reading this then read on. It may just answer some questions as to why I or any other wedding photographer does what they do!

Receipts

First off make sure that you give a receipt to everyone that gives you money whether that be cash or cheque.  If you're using PayPal you can sort of get around this, but I have started just e-mailing couples to say the payment has gone through anyway. You need receipts to check what has been paid and when and also I presume you accountant will want to look at these come tax time! I use a cheap and cheerful receipt book from Staples. It even has that really old-fashioned blue 'carbon' paper in it!! If you make notes in a book use a bound book not a spiral book.

Contracts

Next up and the most important item is the contract. Go seek some legal advice and get one drawn up that covers you top to bottom, head to foot. I'm not saying people will deliberately try to shaft you (well, ok I am - some people are just like that.) but a contract tells the world and you clients that you are a professional and you mean business. It's telling them that whilst you love you work you also want to be treated like a professional not some part-timer doing weddings for pocket-money. (And don't get me started on that just yet.) Include in your contract areas for the couple to complete names, address, telephone numbers, wedding date, wedding venue etc.  Make them fill it in.  It is their wedding so it is their responsibility to get it right. Think about copyright of your photos.  Stick a section in their saying what they can and can not do with any electronic images you give them. Tell them own owns the copyright - you! If you use your images for marketing put a section in about that as well. Think about the reproduction licenses if you sell electronic images or sell DVD's / CD's of your work for clients to print also.  Make it crystal clear that they are not allowed to change, sell or do anything to your images without your written consent.  Make sure that they no the penalty for non compliance will be breach of contract and your possible refusal to continue to work on their images.  Set their expectations that you are a professional and you respect your work so they should as well. Talk about price; what is included, what is not included ,what travel charges you charge for (HMRC is at 0.45p per mile now by the way), bridge or road tolls etc. I even have a clause stating I will charge a little bit extra for sending images outside the UK. Next big thing is being paid. What booking fee do you need to confirm the date, when you require full payment (I am 4 weeks before the wedding). Leave time for clearing cheques etc.  State again that non-payment is a breach of contract and may result in non-attendance of your wedding. I have just taken some legal advice on this area as I would normally attend the wedding despite not being paid.  A photography forum mentioned that I would not be covered by my contact if I did attend after non-payment. Well, according to my legal advice I can still attend even if you haven't paid me unless the client specifically says they do not want me there. And that brings me to the next section which is breach of contract. I have a little blurb on my website about this after being the victim of breach of contract. In that instance I continued with the contract; however if it happens again my contract states that breach of copyright is a breach of contract and I will cease ALL work AND take legal action against the infringements. I also have a cancellation term on my contracts just to make sure. Get both parties to sign and date the contract. I could go on but you get the idea; which is to make sure that BOTH the photographer and the clients are covered.

Being Paid

I use PayPal a lot; I live miles from my nearest bank so getting a cheque in the post means about 60+ minutes of time and 25 miles of travel just to put it into my bank. Using PayPal also means I can use their great Merchant Services and set up invoices to send out to clients.  I also print a copy of the invoice for my client records; or as in one case this week to post a copy of the invoice to a client who for some reason had not had the PayPal invoice via e-mail. When I do post invoices due to non receipt of e-mails I also send it recorded delivery - I know that the invoice has therefore been received. I also chase up via e-mail and via Facebook if they have befriended me. I try to avoid telephone calls unless really required - I think it's a bit like trying to be the 'debt collector big man' approach. I'm not anal about being paid on time and can give a little bit here and there, and am happy to help a couple out as I know cash flow can be a real problem 4 weeks before a wedding - every man and his supplier wants payment around this time.  If however they don't talk to me about that I assume they are avoiding paying - and I get upset. I get upset as I like to think I'm a nice person who get's on well with my clients.  Not paying isn't nice and sours what should be a great relationship. As stated in my contract:

Payment for any outstanding balance is due in full NO LATER THAN FOUR WEEKS prior to the contracted date and is specified in your contract summary: You MUST allow sufficient time for cheque clearance.
Non-receipt of the full balance by the due date will be deemed cancellation of the contract by the client(s)


No payment means either I don't turn up for your wedding and I take a day off or I do turn up and you don't get anything until you have paid me. Not even a sneaky peak on the day from the back of the camera. Nothing. nada. niet. zilch. zero.

Cancelled Contracts

Just one last year. Couple didn't pay the final £500 before the wedding day. On the day they told me it would be paid in the week.  They paid £300 after 3 weeks and then wanted to amend the contract to get a finished wedding album, check it for quality and only when they were fully satisfied with the finished wedding album would they pay. As you may expect I was not at all happy with that; especially them 'telling' me they wanted to change the contract. So I held my ground, insisted on payment. They didn't pay so for the sake of a final £200 from a spend of over £1300 they got no album and no photographs from me as they breached the terms of the contract they both signed.

Legal Advice

Question:

I am a wedding photographer. In my contract it states that full payment is to be made 4 weeks prior to the date of the wedding. If I don't have payment yet still attend and photograph the clients wedding where does that leave me in regards to being paid etc? Does my attendance despite not being paid make the contract null and void? 

Answer

Copied and posted from e-mails: It would not make your contract null and void. Be quite clear about that. If you attended to perform a service benefitting them with their agreement then you are entitled to your money in law. Usually the purpose of these clauses is to give you leverage over them - so if they don't pay in advance there is the threat that you won't attend. If you choose to attend though you are still entitled to your money. The only issue will be that you no longer have the leverage of refusing to do the work.  There are obviously other methods of enforcement such as suing at the small claims court although that does come with risks of its own frankly. In short though, if you attend and perform the service you have the right to your money.

Clarification Question from Me:

So just to be clear on this. 1 - My contract states the couple should pay the outstanding balance 4 weeks before the wedding. 2 - If they do not pay and I attend the wedding the contract is still effective 3 - Even though I have not abided by my own contract Terms & Conditions the contract would still be effective 4 - I can still take the couple to court over non-payment

Answer

Yes, you would still be entitled to the money. Unless they start saying they asked you not to attend and cancelled in good time and then one wonders why they would have let you perform the service. The purpose of a contract written in this way is to get the money up front. Summary So to sum up; if the couple don't pay up you don't have to turn up.  If you do turn up you can still claim the balance of your payment or withhold photographs.

• Get a contract professionally written
• Make sure you keep records of e-mails, Facebook conversations and telephone calls etc
• Make sure you chase up the clients to let them know about non payment

Remember - The client isn't always right. Stick to your guns and get your own legal advice if you think you are in the right. Thanks Andrew

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Wedding Photographer  Cardiff - Andrew Miller

Andrew Miller Photography is certainly not your average wedding photographer Cardiff.  Cardiff wedding photographer Andrew Miller will photograph your wedding with the utmost quality, care and attention.  Andrew Miller, the wedding photographer Cardiff strives to get you bespoke and amazing wedding photographs no matter where you are getting married.

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