Q&A: How do i write a contract regarding a free service?
Question by nobudy: How do i write a contract regarding a free service?
For my wedding i was offered, by a freelance photographer, to take pictures free of charge. He said he needed to build a portfolio of wedding material and in exchange would give us a dvd of all the photos. Great for me right? Well, i want to write a contract knowing that i will recieve all my pictures with no monetary exchange. How do i write a contract for this?
Best answer:
Answer by dejrevilo@sbcglobal.net
Don’t term it a free service. A contract needs what is termed “consideration” between the parties to be enforceable. A gift is not “consideration.” “P” the photographer is getting “consideration,” that being the opportunity, by your reliance upon him/her, to build a portfolio. You are getting “consideration” by receiving the DVD.
Name it with a header “Contract for Wedding Photo’s”
“X” [your name] and “P” (photog’s name) do hereby contract as follows:
P agrees to take a minimum of ___ pictures of the wedding of X and Y beginning at ___ o’clock __.M. on the ___ day of _____, 2007, at ____________(location) and ending when X and Y leave the premises.
P agrees to provide a DVD of all of the photos taken at that time and place to X within ___ days following the wedding by delivering the same to ________.
X agrees to allow P to be the photographer of the said wedding event, and to use the photographs taken for the purpose of P’s development of a portfolio of wedding material. Both parties agree that no monetary consideration will be exchanged, and that the consideration for the contract given by X is the foregoing of acquiring a wedding photographer other than P, and the further consideration given is that P may be the photographer so that P can develop P’s portfolio of wedding photography, and further consideration that P may use the pictures in his portfolio. X and P acknowledge that this is an enforceable contract, and any breach of the same will give rise to enforcement by mediation, arbitration, or a court of competent jurisdiction, at the option of the aggrieved party.
Signed this ___ day of _____, 2007 Parties signature.
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