Bidding Process

Q:

I’m in the middle of negotiating a contract for a job I really want. The contract gives me no right to use the images for self-promotion, and effectively states that I could be sued for doing so. 

Should I take the money and work on building the relationship, or should I fight for my rights at the risk of losing the gig?

A:

I would talk to your contact at the company, and gauge their flexibility. Explain why you would need to show this work in order to get more work. 

Hopefully they’ll be receptive to your concerns + work with you on tners that are fair to all parties. At least try your best to get what is fair. 

Our industry also benefits when we stand together on issues like this. I understand why you wouldn’t want to walk away from the job because of this, but asking for what you want, in a respectful way, shouldn’t lose you the job.

 The Creative Call is one of those rare ‘make or break’ moments that will help you get or lose the job. When you hear a pause after the creative explains what they are looking for, jump in with a response of a visual description of how you will get what they are looking for.

I have a specific piece of advice for you, based on what I’ve noticed on creative calls. There’s often a pause when the art director is explaining the shot list and the concept. It’s crucial to wait for that pause and use it as your opportunity to reiterate your visual plan. Instead of just saying ‘That’s great’ or ‘Yeah, sure,’ use that pause to restate what they’ve outlined and explain how you will technically execute it. This helps clarify how you’re going to bring their vision to life.

Bidding a project correctly is one of the most crucial parts of getting awarded a job. The way you bid CAN ultimately get you in or lose the job. As much as every bid depends on the situation, there are also some standards and rules that you can educate yourself about and utilize to your benefit. 

Here are 5 tips to help you become an even more successful bidder!

Tip #1: Creative Fees + Usage

Always have a signed estimate that clearly describes what the bid is based on and what the licensed usage is. Be sure all costs are agreed on before beginning the job. 

It is our responsibility to clearly spell out what our numbers cover and don’t cover. I used the top of the estimate for this, and call it “description.”

Always define the amount of shots and what they are. Remember to specify that the bid does not include variations, added shots, or different angles. Mostly, this section is how you protect yourself. 

A great line I like to use after the usage is, “image rights granted with full payment.”

Make sure overtime is clear on your estimate – that the shoot day is based on the standard 10 hour day, anything over that will incur an overtime rate of time-and-a-half for crew. 

If you feel like you would do better if you had help with your bid, then hire the right person – like a rep, producer, or consultant. It could be well worth that commission fee if getting help will in the end leave you with a much larger rate than you would have gotten on your own. 

Tip #2: Negotiating

Clients can’t give you numbers, you have to throw numbers out there for them to bring you up or down. 

Always start with a higher amount and hope they say you are too high. You don’t want to be too low. 

Use questions about the details of the job to get a sense of each client. REALLY LISTEN. I have found that people want to tell us a lot more inside information than we give them the time or opportunity to reveal. 

Tip #3: Advances + Expenses

ALWAYS GET A 50% ADVANCE FOR A PHOTOSHOOT. 

To get this invoice in, you need to have their purchase order (PO) # on your invoice or at least a signed estimate. As soon as that happens, you can officially begin to start spending money. 

BE CAREFUL THOUGH, there are a lot of scams out there. If this is not for a major advertising agency or client you know, wait until you have been wired the advance invoice and it CLEARS at the bank before you spend ANY money for a job. 

If any changes occur before or during the shoot, you need to request an “overage” (send in an overage estimate) and when that is approved you can spend more $. 

Do not go over this total which you’ve been approved for, or you will not be able to charge for it. 

Tip #4: Payment

Invoicing for an advertising job after it is completed will often require backup of all receipts. 

This should be done correctly and I’d recommend getting a producer’s help and/or a bookkeeper who knows the business. 

Expect to be paid 30-60 days after the client receives your final invoice. 

Tip #5: CREATIVITY

(in all ways + places even *bidding*)

Think outside the box. 

Just like a good producer responds with options in a tough scenario, be your own innovative producer. 

Getting creative seems to be my response to all that is happening in our business right now. The entire industry is changing, so go with the flow of it and find your way. 

Use your experience wisely, but don’t let what you’ve done in the past limit or define you. Step outside your own thinking sometimes. Think young.

Our business can sometimes feel like a game of chess. And as they say, you can’t win if you don’t play. So be in it to win it!

This came from something I’ve been noticing lately. When people, especially clients, ask for something—things we didn’t have to do in the past—it now seems like there’s a trend where we need to give more than what’s asked of us. Whether it’s in the bid, the treatment, or even on a creative call, we go beyond. We even pay people to get the resources we need, as if we’ve already got the job. Go beyond what’s required; it’s a game, and you’ve got to be in it to win it. I mean it. Find the resources you need, and give them not just what they want, but more than they even think they want. Show up with more than they could ever imagine.

I may have already told you this, but…

Part of the purpose of an estimate is to protect yourself. On EVERY bid description be sure to include:

“Bid based on information provided, any changes may incur overages”

AND

End the usage terms with, 

“Granted with full payment”

Your estimate is so important. It’s your terms and conditions, it’s what’s going to protect you. You must put in all the details, such as how many shots, how many days, how many hours, is there overtime? Will there be retouching? Always use that line, “Bid is based on…” Make it all clear in that top job description paragraph. Make sure they read it. You also would have it in the terms and conditions below, but we don’t think anyone is really reading those. They will protect you in court, but hopefully we will never get to that point. Make sure you put in all your details.

Q:

What kind of usage are you including as part of the creative fee? Is there any kind of standard usage fee?

A:

I don’t know of a standard usage as it always depends on the duration, the location, and the type of usage. The only standard would be “Unlimited usage for an Unlimited duration,” which is more common these days. The one thing I can say as a rep is our favorite work is “reuse” so avoid that “Unlimited” as much as possible.

Q:

How often do you get an advance? All I hear, over and over again is, “it takes 30 days to get in the system and process payment,” etc, etc.

A:

This does depend on what industry you are in, but for commercial photography, an advance prior to the start of the shoot is especially important if it is with a new client. I would not begin a shoot without an advance for 50% of the total or 75% of the expenses.

Q:

What is your suggestion for how to navigate this world where every client seems to want more and more deliverables? Trying to stand firm on pricing feels hard when many are charging less.

A:

The best way to stand firm on pricing is to become more valuable with a strong style. If your style is unique to you, then they will need to find the budget to hire you.

ALWAYS GET A 50% ADVANCE FOR A PHOTOSHOOT.

Q:

How do I know if I am too low on a bid?

A:

If the client responds to your bid by asking if you have enough for certain line items like “location scout” etc, then you can assume you are too low. At that point I’d be direct and explain how you were assuming the budget was low, but you may have been mistaken. This can be turned into a positive to show your excitement for the project. Has anyone had an experience like this you’d like to share?