Simplifying trade agreements
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The economic climate has really diminished extra spending cash, so the phenomenon of models, photographers, stylists and artists all wanting to barter or trade time is more prevalent than ever, and that’s okay. So, what exactly is bartering?
According to Wikipedia, “Barter is a method of exchange by which goods or services are directly exchanged for other goods or services without using a medium of exchange, such as money.” Simple enough, right? So, why are there so many people complaining about trading time and services on the message boards?
Here’s the main reason: People are not specific enough as to what they want, and they fail to put their agreements in writing. Now, I never said this is the only reason, I said it’s the main reason. So let’s explore this in more detail.
When two or more people decide to trade services, time or products, there has to be a satisfying element for everyone—there must be something that you bring to the table that is in need, and the other party or parties must bring something to the table that you need. Otherwise, what’s the point?
I have been bartering for most of my 33 years in this industry. It’s just a part of doing business. I have also been burned very few times, because I implement a few very smart elements to the process. The first key to a successful trade arrangement is to make sure the person you are bartering with has a product or service that meets your needs, or satisfies what you are looking for, and has a good reputation and can deliver. That’s easy enough to find out by messaging some of the clients in his or her portfolio and getting references, or, simply by asking for references. You are certainly entitled. After all, you’re getting ready to invest your valuable time. Those that do not offer references do not have any positive ones to give to you. Move on!
Once you’ve established a reputable partner to barter with, you now need to be as specific as possible as to what you want out of the barter relationship.
As a photographer, how much time do you want? What genres of modeling do you want to shoot? What types of wardrobe do you want to shoot? Notice I use the word “want” and not the word “expect.” Things get shady when you’re expecting something. What you expect is not as definitive as what you want. You need to be specific about what you want.
As a model, stylist, designer or makeup artist, how many images do you want? What size? What resolution, and by what date?
Now, you need to get those details in writing and signed by all parties involved. I am not suggesting you need to get a lawyer to draft up a legal document for everyone you barter with, but you can simply state in writing what you are to give and what you are to get, and by what date, and have everyone sign it. Then, there should be no “expectations”, or empty promises or misunderstandings. What you put on paper is what you are to deliver and what you are to receive. Period! It’s not that difficult folks, but you just need to do it.
As a photographer, my barter agreement states how much time the model will provide for me, what the wardrobe will consist of—if there is any nudity or semi-nudity agreed upon, who’s responsible for hair and makeup, and what time the model is to arrive. I also state what I am to ultimately provide to the model, how many, what size, what resolution, retouched or un-retouched, and by what date. There is also a monetary figure in the agreement that I will owe the model if I do not deliver by the stated date. After all, she provided her modeling skills to me, so she delivered her end of the bargain. There is also a monetary figure stated that she will owe me if she decides to be a no-show. After all, I had time involved in setting up and getting ready.
You can get very intricate or you can keep it very simple, but everything must be in writing.
My contracts happen to be reviewed by my attorneys so that they hold water in the courts of Maryland, or wherever I may be shooting. I take my photography very seriously, and I take my obligations to the models, artists and stylists very seriously. Reputation can be everything. Because of that, I owe it to myself to protect my interests as well. If I need to take a talent to court, of if they need to take me to court, I have the documentation I need to proceed with. You should too.
In closing, let me state that I have never been taken to court in my 33 years in the photography and modeling industry, and have never had to take anyone to court. Putting the specifics in writing works!
November 18, 2011 at 7:56 am, Rosa said:
David,
I think you offered sound advise! I’m a makeup artist and paperwork is kinda a tricky thing to get photographers or models to sign but I’ve seen both parties get burned pretty bad for there being lack of paperwork or some kind of formal agreement.
November 18, 2011 at 5:24 am, Anonymous said:
I can’t believe some of are as stupid as you’re portraying in your comments. Maybe David just used too many words.
1. If both parties have the same understanding of the agreement, then conflict is usually avoided.
2. The best way to ensure both parties have the same understanding is to put it in writing.
3. Just because there’s a penalty, doesn’t mean you have to collect it. It’s there as a deterrent.
4. If you ever do have to settle a dispute, then #2 makes it easier for a third party to know who’s right and who’s wrong.
5. This is most important of all: if you have a way that works better for you, then STFU and use your method. Heck, write an article about your method. Then people can choose to follow your advice or ignore you. Hopefully no one will start bitch fest over your opinion.
Great article David, although you are much more thorough than I think I need to be.
November 18, 2011 at 2:02 pm, David said:
LOL. Thanks for the comment and the smile. It’s really isn’t that difficult after all, is it?
November 17, 2011 at 7:09 pm, Black_gavel said:
Thank You. As a newer photographer these guidelines were invaluble. Although a few of these lessons I have learned the hard but I now have begun to implement. Its very encouraging to see professional photographers stop and reach back with knowledgeable useful information.
November 17, 2011 at 11:33 pm, David Blecman said:
Thank you for your comment. I hope this helps you avoid some of the crap we all run into now and then.
November 17, 2011 at 2:33 pm, semi234 said:
1. “As a photographer, how much time do you want? What genres of modeling do you want to shoot? What types of wardrobe do you want to shoot? Notice I use the word “want” and not the word “expect.” Things get shady when you’re expecting something. What you expect is not as definitive as what you want. You need to be specific about what you want.”
Would this not be better discussed in communique PRIOR to everyone showing up & being physically present? It sounds like the circumstances are primed for a clusterf***.
Maybe you intended it to be that way but that’s not how it read.
2. “As a model, stylist, designer or makeup artist, how many images do you want? What size? What resolution, and by what date? -Now, you need to get those details in writing and signed by all parties involved.”
This is nice in theory but I don’t advocate this at all.
It assumes everyone shoots the exact same way (machine gun style VS “I know it when I see it” VS meticilously thought out). It also assumes everyones shoot conditions are the same. It also assumes the all-important photographer-model rapport is dead-on. It also does not factor in unforeseen circumstances.
Even if it did, there’s nothing to state what the penalty is. & even if there was, how ironclad is that mutual agreement. If everyone paid the same amount for the shoot, 0% of $0 is still $0 for the small claims damages.
November 17, 2011 at 3:33 pm, David Blecman said:
How do all of the details get put on an agreement if it hasn’t been discussed prior? Of course, meet and plan a shoot in advance, as any professional should. Sorry I wasn’t as clear about that.
My article doesn’t assume that anyone shoots in any particular way. The point, again, is for all parties to agree on the specifics so that everyone get’s what they have coming to them. And yes, the agreement is ironclad provided you have a reputable lawyer review it and make sure it holds water in your state.
Simply…get your work agreements in writing so you will hopefully avoid the pitfalls of barter arrangements.
November 17, 2011 at 5:57 am, Barry said:
In closing, let me state that I have never been taken to court in my 33 years in the photography and modeling industry, and have never had to take anyone to court. Wearing my lucky underpants works 100% of the time!
November 17, 2011 at 1:29 pm, David said:
Very mature and professional Barry. I hope you’re proud of your contribution. I am also sorry that this blog was over your head.
November 17, 2011 at 6:03 pm, Notbarryordavid said:
Oh snapsies
November 17, 2011 at 7:30 pm, Barry said:
It was hardly “over my head” – it wasn’t logically sound.
You say “Now, you need to get those details in writing and signed by all parties involved.” But why? If I can get what I need from a trade photoshoot without having any kind of paperwork whatsoever, then I see no reason to change what I’m doing, regardless of your thoughts on the matter.
It’s great if your methods have been working for you – but think about it. Correlation isn’t causation. You have no way of knowing if it’s your magical paperwork that has helped you avoid problems. Maybe it was, as I said, your magical underpants.
November 17, 2011 at 7:36 pm, Barry said:
You could just as easily say “Well, it might be a good idea to get some signed paperwork just in case someone wants to take you to court someday, but I’ve been doing this for 33 years and I’ve never had a problem.”
November 16, 2011 at 10:14 pm, LS said:
Great advice! Thank you. I will be using this in the near future.
November 16, 2011 at 10:55 pm, David said:
You’re quite welcome!
November 16, 2011 at 10:03 pm, RWBoone said:
Excellent article and very good advice. In my experience (I’m an attorney) written agreements clearly stating everyone’s obligations and the penalties upon default usually don’t ever have to be enforced. Honest agreements reached honestly between honest people usually are performed honestly unless there is some unavoidable intervening force. A written agreement is sort of like the padlock on the storage shed. It won’t deter a determined crook but it will certainly keep the honest folks honest. The key here is to get real mutual agreement. Everyone knows exactly what to expect. Reducing the agreement to writing is always the best way to insure that mutual understanding.
November 16, 2011 at 10:12 pm, David Blecman said:
Awesome response. Thanks.
November 16, 2011 at 8:59 pm, Keith said:
Some very good ideas here and some good advice. Having everyone’s expectations in writing is absolutely a great idea and will save lots of headaches. Thank you for taking the time to share.
November 16, 2011 at 9:03 pm, David said:
Thanks Keith. It’s all about covering everyone’s butts (or shooting nude). LOL
November 16, 2011 at 7:28 pm, Peter said:
How many times have you been in a position to collect money for non performance? Of those times, how many have you actually collected? I will save an extra post and wager that the answer is plenty on the first question and never on the second.
Just because you’ve never taken anyone to court doesn’t mean you couldn’t. But you still would have never collected and you probably realize this. That makes your advice pretty bad. You are suggesting a way of doing business that has been proven time and again to simply be nonsense.
Yet another failure from an “expert.”
November 16, 2011 at 8:03 pm, Joe said:
Not a failure. It seems that you have been burn to many times with no recourse. In the article it gives you a avenue to collect. Basically if it is not in writing it does not exist. Verbal contracts are worth what they are printed on, nothing. As far as I know a judgment against someone stays on until debt is payed. That can hurt a person in the long run. Enough of a deterrent.
November 16, 2011 at 8:34 pm, David said:
Exactly Joe! Thanks for your contribution.
November 16, 2011 at 8:09 pm, David Blecman said:
No need to wager Peter. I will tell you once again, that I have not HAD to take anyone to court since implementing my contracts, it has avoided the usual pitfalls of trade. Can I make it any more clear? I have mentioned it twice now.
If you think contracts have been proven time and time again to be nonsense then perhaps you need to get better advice from better law firms. To argue with my success and to call it nonsense is both ignorant and uneducated.
All that has failed is your belief that contracts are a great deterrent and weeds out the models that had no intention of conforming to begin with.
November 17, 2011 at 6:55 am, Peter said:
I think the failure here is that I was just told you deleted my comment that was in this thread. Looking for myself I see this is true.
So the last word is yours, since I’m prevented from continuing it would seem.
November 17, 2011 at 6:07 pm, What said:
Are we talking about general life and contracts or being a photographer and contracts?
As a photographer, why the hell would you take a model to court for not following the contract?
She agreed to do nudes on paper, then at the shoot she decides she doesn’t want to, and you take her to court?
Or you take someone to court for not showing up, or for not having the knee high boots you agreed upon?
Silliness.
November 17, 2011 at 8:25 pm, David Blecman said:
You’re exactly right. I would only go to court and execute the contract of the model forgot her knee high boots.
Thanks for that stellar contribution!
November 17, 2011 at 9:23 pm, Steve said:
It’s very telling how defensive and rude you are being to people who disagree with you. It says a lot about your professionalism that you would act this way in what is supposed to be a serious educational forum.
Not only is your advice bad, but your attitude towards those who are disagreeing with you is bad as well.
November 17, 2011 at 11:35 pm, David Blecman said:
Asinine comments get an asinine reply. Sorry you think my advice is bad. I welcome you to tell me how you handle barter arrangements and what you use to secure that transaction.
Thanks for your reply.
November 16, 2011 at 7:15 pm, Simon Ouellet said:
“There is also a monetary figure stated that she will owe me if she decides to be a no-show. After all, I had time involved in setting up and getting ready.”
And how do you collect that money ? She hasn’t shown up to the shoot, she won’t send you a check, will she ?
November 16, 2011 at 7:28 pm, David Blecman said:
In the case of a signed contract, where I have a monetary figure stated, that the model agreed was “fair and just” when they signed the contract, and they breach the contract (no show), I would need to then proceed in small claims court if they didn’t pay me within seven days, as stated in my contract. My attorney will first draft a letter on my behalf to the model, at no fee to me, as part of a Legal Shield Membership (highly recommended). It’s no different in any business where a contract is breached and you need to collect or go to court.
As I stated, my contract is enough of a deterrent that I have not ever had to go that far. That’s really the point of this blog; usually when it’s on paper, it’s a great deterrent.
November 16, 2011 at 9:30 pm, Uknowwhoiamnyc said:
So you’ll pay a $400+ legal fee to enforce a $50 penalty clause.
You are a lawyer’s wet dream.
November 17, 2011 at 2:34 am, Anonymous said:
I’m not sure where you live, but in most of the country small claims filing fees aren’t even in the realm of $400+. More like $25. And no attorney is required. Either you are completely ignorant of small claims court filing fees, or you are just pulling figures out of your behind.
November 17, 2011 at 4:04 am, Peter said:
So on a $25 kill fee, he will spend the same amount in filing, spend at least two hours to drop off the filing, and then a day in court where the model will likely no-show and he’ll get a default judgment. Then he has to actually collect that judgment.
For $25.
I call BS. Total BS. And anyone who reads this so-called expert opinion and follows it deserves all the headaches they get.
November 16, 2011 at 9:40 pm, Peter said:
You’ve never had to go that far because you’ve never collected a dime in penalty payments and know that if you did go that far, you would be wasting your time.
I don’t know of a single photographer who has ever collected a voluntary penalty payment after the fact. Not a single one. You are no exception.
November 17, 2011 at 5:00 am, terms reader said:
You don’t need to collect for such a clause to be effective. It costs nothing to write such a clause, and if it encourages just one model to show up who might not have otherwise, then it has served its purpose. The goal is to work with models, right?
November 17, 2011 at 6:53 am, Peter said:
Empty threats are empty. Or do you advocate the fine art of the bluff to intimidate models? That’s pretty unethical, don’t you think?
November 17, 2011 at 9:58 pm, Tonytobey said:
How does a model sign a contract in the first place if they no show?
November 17, 2011 at 11:33 pm, David Blecman said:
You email it to them and they either mail you back 2 signed copies or they fax you back one signed copy!
November 17, 2011 at 3:37 pm, David Blecman said:
Simon, the purpose of a sign mutually agreed upon contract is that if you need to collect, you have a legal document to provide to the court system to collect upon. If the model doesn’t live up to her obligation, and then does not pay the agreed upon penalty, I now have the choice to go to small claims court for very little cost to get a judgement. Not too difficult. Again, I have never had to, because a legal document signed by all usually eliminates no shows, which is the point of the column.