Is an advance to cover hard costs for production or do you pay the photographer 50% of the fee in advance of the shoot?
The amount of the advance depends on the policy of the client. Sometimes it’s 75% of the expenses or 50% of the total budget, but most often it is to cover the expenses of the shoot and not the photographer’s creative fee.
When you begin pricing out the requested optional usage prices on your estimate, pad them with the expectation that the client will respond by minimizing with less usage options and you will have to present cheaper rates.
Often on jobs, estimates, or bids, we’re asked about renewal or reuse terms. They might inquire about rates for one year, two years, or additional uses like print advertising. They may also ask about extending usage beyond the initial period—such as for an extra year or five years.
You should be prepared to include some flexibility in your pricing. Quote a bit higher than what you expect they’ll accept, knowing they might come back and request adjustments, such as a shorter term or reduced scope. This way, you’ll have room to negotiate and adjust the prices as needed.
Does that make sense? The idea is to leave some room in your bid so you can accommodate their requests for reductions and still meet their needs.
Do you suggest always requesting a 50% advance? If so, what’s the best way to ask for it?
Yes. Always put a request for the advance on your estimate, so you have it in writing that they’ve agreed to those terms once the estimate is approved. I use simple language such as “50% of total due prior to beginning of shoot.” If they ask for a different amount that is fine with me. I just need to be legally guaranteed my photographers will be paid. I’d be scared to work without that reassurance.
Make sure everything about your estimate and your production considers what you are covering and what you are not covering. It is our responsibility to set these boundaries, not the client’s.
When you’re on set and they want more content, how do you handle that?
The best way to handle it is to prepare for it on your estimate. You should have a blanket statement in your emails and your estimate that says, “ This bid is based on the information we have so far and any changes may incur new costs or overages.” Make sure every topic that is even generally touched on is included in the bid.
Let’s say you didn’t have it in your bid, you would talk to your rep. But if you don’t have a rep, you explain the situation to them. “You didn’t mention that, so I didn’t include that in the bid. Did you want a price for that?” I like to turn things into questions so if they request something that you don’t have you would ask them if they would like that included and, “I can get you a price for that.”
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?
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.
I need to draft a contract for a client. Do you have any recommendations about making sure I’m using the correct language so it doesn’t bite me in the end?
APA is a great resource for contracts and estimate forms. ASMP has advice about legal language too. APhotoEditor has great contributors, including an executive producer of Wonderful Machine, and they give sample estimates. Also refer to the ASR posts about what to include in your bid under the “job description.”
Do you have some techniques for broaching the topic of usage when working with small businesses? I want to make sure they understand that they are purchasing limited rights, and that as they grow they will incur additional usage rights.
Usage is often confusing, and some clients, outside the oversight of an agency, have little understanding of the concept. A few simple sentences will help clarify the usage they are paying for. One very important piece of advice is to put everything in writing from the beginning. Start with the estimate and make sure it’s clear in the contract once you’ve booked the job. Once it’s in writing, you’re protected. If you want me to review the contract, I’m happy to take a look.
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.
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.
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.
ALWAYS GET A 50% ADVANCE FOR A PHOTOSHOOT.
