HWG Photography by Haley: August 2013

I wanted to give you guys a little insight of HOW I run my business and WHY I runt it the way I do. As a client, you have a right to know and I want my clients to understand that I do things for my protection as a business owner, but also for their protection as investors. If you've ever hired a true professional photographer, then you've paid a retainer, signed a contract, went through pre-session consultations, had your session completely tailored around the uniqueness of you and your family, and also invested a hefty amount of hard earned cash into your photo session and/or photo products. Please understand, not all photographers run their business the same, but all professionals will have very similar procedures because we not only have mastered our profession as photographers, (to a point), but we also have what most photographers don't have, and that a strong business sense. We aren't just 'picture takers', we're business owners and when you deal with any business (dining, retail, dry cleaners, etc...) they all have similar procedures that they follow such as: a return policy, reservation policy, guidelines in a contract you may be asked to sign, etc... and photographers are no different. So, with that in mind, here are a few standard procedures that HWG Photography requires and also WHY we require them.

Retainer Fees: Before you book any session with me, I require that every client pays a retainer fee to book their session, whether it's mini sessions, regular sessions, newborn sessions, etc... My clients understand that their session is not written on our calendar until the retainer is paid and it's due within 24-48 hrs of booking (unless other arrangements have been made). Why do I do this? I'm very careful not to charge a 'deposit', but a 'retainer fee'; this fee is actually a portion of the overall session cost that clients are asked to pay upfront. When creating my packages and mini sessions, I calculate the TOTAL cost of the session:
* TAXES (if your photographer isn't operating LEGALLY then they are NOT legit and you should RUN. These photographers are very high risk!)
* Tithes (this isn't a legal obligation, but I believe in tithing off of everything I make).
* Local travel fees (even if I'm only driving 10-20 miles, it still costs me gas and we all know that gas is NOT cheap!! lol)
* Time spent editing (no matter how much I charge, after overhead, I almost always end up 'bringing home' 50-60% LESS than MINIMUM WAGE!)
* Various over head charges (monthly & yearly photography membership fees, props, requests by clients, if it's a smash cake then I purchase decorations & props based on theme, backdrops, etc...)

This is just what I use to calculate the total cost of each package. After I have my price, I take a fraction of that and set it aside as the retainer fee. Clients must pay this up front because this not only protects me as a photographer, by eliminating no-shows, but it also protects the client by letting them know that they've already invested in their session; they're on the books, and they will not have to worry about me rescheduling on them, canceling on them, or having to settle for a day/time that doesn't work for them (if they booked in plenty of time).

I have a LEGAL retainer fee disclaimer in my portrait contract that was written up by my lawyer. This is because if I charge a DEPOSIT, and a client pays that deposit, then flat out no-shows for their session (yes this does happen to many photographers), then they LEGALLY could sue HWG Photography for their deposit back if I refuse to refund it willingly. If we had some sort of written agreement stating that the deposit is non-refundable and they agreed to that, then it's a little easier, but my lawyer explained that based on the definition of a deposit (monies paid in exchange for products or services rendered to investor), then legally, I can't say that their deposit it non-refundable, because legally they're paying the deposit in exchange for products or services. "But it was their fault for not showing up in the first place!" This was my initial reaction~but according my lawyer, a judge would not agree. It's their $$, they get it back. UNLESS you charge a RETAINER FEE. These can be non-refundable because a retainer is paid to set aside my time for that client and also pay me any liquidated losses in the event of a no-show or cancellation. PLEASE UNDERSTAND this is our PAYCHECK. I do this full time and my profits help sustain our family. When someone cancels, or no-shows, it's like bringing home your paycheck hundreds of dollars short...how would you feel?? So, to protect myself from this, I charge a retainer. So if someone does no-show (Thank God I don't have this problem!!) or needs to cancel (even in the event of a tragedy, cancellations still take $$ away from my paycheck each week), then I can legally keep the retainer to cover the losses.

This is where is gets tricky for the client: if you book a photographer, and didn't sign a contract, or pay any form of retainer, and you cancel or no-show for your appointment, did you realize that the photographer could SUE you for liquidated losses?!? That's right. They could legally take you to court and sue you because they set a certain time aside for your portrait session expecting payment in return (to sustain their business~that's how the 'cycle' works), and you backed out leaving them that much $$ short. If they can prove you booked with them for a certain day/time, you could find yourself in a legal headache for not following through. Would any photographer actually do this? I would certainly hope NOT, and I've never heard of it happening, but YOU NEVER KNOW WHO YOU'RE DEALING WITH.

With all that said, I require a retainer fee to protect myself from suffering any liquidated losses, and I include this disclaimer in my portrait contract to protect myself AND my clients legally~! Most photographers don't even realize any of this is a possibility because they lack BUSINESS SENSE....photography is so much more than TAKING PICTURES!
Disclaimer: {{To reserve the Session Date and to reserve the photographer, Client shall pay to Photographer, upon execution of this agreement, a non-refundable reservation fee in the amount of $XXX.XX Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the session date, for any reason, Photographer shall suffer losses that are difficult to ascertain. As such, Client agrees that, in the event of max number of cancelations, or a no show by Client, such $XXX.XX shall be forfeited by Client and paid to Photographer as liquidated damages and not as a penalty. Client and Photographer agree that such amount is reasonable.*}}
Make sense so far?? Let's move on.

Portrait Contract: Does your photographer require you to sign a portrait contract at least once during your business relationship? If you said no, DROP THEM! Any lawyer or judge will tell you that a written agreement is not only legally binding, but it's COMMON SENSE~it protects YOU as well as your photographer! My contract covers everything from model release to copyright and here's the breakdown.

* COPYRIGHT: My contract states: "All images produced are copyright protected. HWG Photography and Haley Gilreath retains all ownership over any images produced by HWG Photography. Clients understand that they WILL receive print privileges with their photo disc that is LIMITED to printing images in the exact sate as they were added." --LET'S STOP THERE FOR A MINUTE-- This is stating that I retain COPYRIGHT to all images; why?? Because if I gave FULL copyright to my clients, then I no longer have any LEGAL right to the images. If I post an image on my website, or social media AFTER giving copyright to a client, they can legally SUE me for copyright infringement. Even if I took the photo, by giving copyright to the client, I am surrendering all ownership and rights that I had to the images. Why would any photographer do this?!? We love to display our art, we love posting to social media, we love showing off our portfolios, so why would we give this right away?? Clients have permission to post and use the images without needing full copyright privileges. If any photographer offers a copyright release they're either confusing the term 'copyright' for 'print release', or they're just really, really uneducated in business and you should RUN. Why pay someone your hard earned cash if they have NO IDEA what their doing with their business?! Again-photography is so much more than taking pictures!

* LIMITATION OF LIABILITY: This is a waiver that protects me from any injuries, losses, damages, or misfortunes of any form in relation to photo sessions. This is common sense....if you're working with children, in your home, or on location, why would you not have a waiver? Accidents do happen, and thank God no serious injuries have ever occurred during any of my sessions, but what if they did?

* MODEL RELEASE: This is not just for 'modeling' sessions, but for all portrait sessions. This gives me permission to post photos of the clients I work with and use their images as advertisement.
Do you realize that without this model release, if you post an image of a client in the local newspaper, or any form of advertising and you gain sessions from that advertisement, or any other form of compensation, then your client, who was in the image, can legally request compensation as well?? You're using an image of them in advertising and you've made $ off of it, so they're entitled to compensation by law. Again, this came straight from my lawyer. So in my contract, I have a model release that states: "Haley Gilreath has the irrevocable right to use the clients photographs for the purpose of copyright, display, portfolio, advertisements, promotions, competitions, and review, and any other lawful purposes if necessary. The client understands that if they are participating in a boutique modeling photo shoot, or any other photo session by HWG Photography, the third-party boutique owners may also use their photos in advertisements, portfolios, displays, etc...The clients understand that their photographs will be used in good taste. The clients will receive no compensations for the use of their photographs."

On the flip side, if a client is absolutely passionate about their images NOT appearing on any internet, advertising, or anywhere else, I ALWAYS fulfill this request! There are lots of sessions that I don't post to Facebook, or my website, or even use at all out of respect for my client's request. Some have privacy concerns, and others just don't want images of their babies, children, ect. on the internet. This is a very reasonable request and I'm more than happy to do this for my clients.

* PRINT RELEASE: "I, Haley Gilreath, of HWG Photography, grant limited printing rights to my client: _________. Images may be ordered and printed from the photo disc received, but full copyright ownership of all images remain in the possession of Haley Gilreath and HWG Photography. Images are not to be altered, edited, cropped, or changed, (digitally or otherwise), as this is a direct violation of the Federal Copyright Law. Printing rights do not apply to any prints or products bought from HWG. In order to maintain high image quality, ordering prints from a professional printing lab is HIGHLY encouraged. HWG Photography nor Haley Gilreath is responsible for image quality or customer satisfaction of any products or prints that were not ordered directly through HWG Photography. recommended printing labs are limited to: (I have a list of labs I recommend for my clients to use). Drug stores, department stores, photo kiosks, and other retail locations do NOT produce high quality images and are not recommended for printing; purchase at your own risk."

I think this is pretty self-explanatory! lol. I've had clients come to me in the past unhappy with their prints that they've purchased from their photo discs; who ended up getting the bad rap for that? ME. Was it my fault that CVS cropped half of the heads out of the image, or that Kodak Gallery automatically zoomed in to the image too much and auto edited it ruining the colors?? OF COURSE NOT. So, I put this in my print release because I want clients to understand that they DO have the right to purchase prints from anywhere they choose, but this is NOT recommended. It's worth the extra money to purchase prints straight through your photographer because 1: they stand behind the prints you're receiving and will fix any issues, and 2: CHEAPER IS ALWAYS MORE EXPENSIVE. I can't tell you how many clients who come to me distraught over a 'cheap' photo session and absolutely HATE their final images/prints...and now after the smoke clears, they're not only out the $$ from the 'cheap' session, but they're also paying $$ for a professional to capture what they wanted in the first place. If they had just sucked it up and paid the professional prices in the first place, they would have satisfactory images/products without all of the heartache. I get emails like this DAILY. Plus, I want clients to understand that if they want to print from a retail location or kiosk, then they're PRINTING AT THEIR OWN RISK. I will not be responsible for the mess they receive in return! lol. Again, if you want high quality images of your photo session~order through your photographer!

If there's anything I left out, or any other procedures you have questions about, please ask! Or, if you're another professional and would like to add anything or give input, I'd love to read your comments below!
I love hearing from you guys and I'm more than happy to explain anything to my clients. I am not the only professional photographer, and what works for me, may not work for other professionals, but at least you guys now have a sense what separates the professionals from the hobbyists *whether they are getting paid or not*. ALWAYS use a photographer who has a solid business sense because this is just the tip of the iceberg...there's SO many other areas where you, as the client, is either at risk and don't realize it, or you're owed some form of compensation or 'respect' and don't realize it. This is why HWG Photography is a CUSTOM BOUTIQUE PHOTOGRAPHY business from start to finish!

To book: courtney@hwgphotography.com