Contract for shooting MMA event

GadgetRick · August 23, 2010

I know we have some great MMA photogs around. Just got a go from a promoter to be paid to shoot (nice to already have my time/expenses covered!) an event on October 2. I don't have an example of a contract I can send him and was wondering if any of you may have something I could use.

Thanks.

GadgetRick · August 24, 2010

Anyone? Could use some help on this one...

SnapLocally · August 24, 2010

Is the promoter asking for a contract?

Personally, I only use contracts for Licensing Agreements.

Unless you're working for a "major company" I wouldn't worry about it. What you need to establish is what the promoter wants out of the deal. As an example, a wrestling promoter I work with doesn't want his talent having access to all the pics, so I've agreed to let him sell the photos, and he pays me the day of the event. A kickboxing promotion I work with pays me the day of the event, and I sell the pics to the fighters as well. Yet another kickboxing promotion I work with also pays me the day of the event, I sell my own pics, and I get half of what they sell as well. Basically, you've got to establish what the promoter wants up front as to avoid confusion and hostility down the line, and take it from me- don't ever part with your shots until you get paid.

GadgetRick · August 25, 2010

SnapLocally wrote: »

Is the promoter asking for a contract?

Personally, I only use contracts for Licensing Agreements.

Unless you're working for a "major company" I wouldn't worry about it. What you need to establish is what the promoter wants out of the deal. As an example, a wrestling promoter I work with doesn't want his talent having access to all the pics, so I've agreed to let him sell the photos, and he pays me the day of the event. A kickboxing promotion I work with pays me the day of the event, and I sell the pics to the fighters as well. Yet another kickboxing promotion I work with also pays me the day of the event, I sell my own pics, and I get half of what they sell as well. Basically, you've got to establish what the promoter wants up front as to avoid confusion and hostility down the line, and take it from me- don't ever part with your shots until you get paid.

He's not asking for a contract but I always work with a contract if I'm being paid. Protects me (and them) in the long run. I spell out EXACTLY what I'm getting and EXACTLY what they're getting. Having been in sales for so many years, getting things in writing clears up a LOT of BS. They can't come to me and tell me I owe them something I wasn't supposed to do.

And, in the contract, I spell out, no money, they don't get anything. I require payment before the event starts--something I learned a long time ago with all business but ESPECIALLY when dealing with promoters.

SnapLocally · August 25, 2010

It's a smart way of doing business I suppose, but it may be a little too smart for this industry if you know what I mean.

I always know what my first goal is: capture the action. But the guy that's paying me may want extra shots- ring card girls, sponsors, various shots with friends, family, the crowd and such. If I'm being paid, I shoot it. If there's all of the sudden a "shortage" of money I keep all shots, release nothing, spread the word, and never shoot there again. Even if there was a contract (which in a sense there is, even if it's an oral agreement) I wouldn't sue a small-time promoter- that would send out the wrong signal to other promoters and make finding work just that much harder.

GadgetRick · August 26, 2010

SnapLocally wrote: »

It's a smart way of doing business I suppose, but it may be a little too smart for this industry if you know what I mean.

I always know what my first goal is: capture the action. But the guy that's paying me may want extra shots- ring card girls, sponsors, various shots with friends, family, the crowd and such. If I'm being paid, I shoot it. If there's all of the sudden a "shortage" of money I keep all shots, release nothing, spread the word, and never shoot there again. Even if there was a contract (which in a sense there is, even if it's an oral agreement) I wouldn't sue a small-time promoter- that would send out the wrong signal to other promoters and make finding work just that much harder.

I agree with you. I would certainly shoot other things for the promoter if he/she is paying me. The contract is just to set some loose boundaries. I have a pro friend who can also come and shoot with me to get behind the scenes, crowd shots, etc and I charge extra for a 2nd shooter. They won't expect a 2nd if they're not paying for it.

It is not a hard and fast contract so much. It also protects the images for me from a useage standpoint as I spell out EXACTLY how they can use any images I provide them.

It will also protect the promoter as they will know (at least) what I am agreeing to provide. Verbal stuff doesn't work--especially with promoters! I represent some fighters and I've also been an official for a few years so I have a lot of experience in dealing with them. They promise a lot and tend to forget what they promise. A contract gets rid of that problem. Remember, they expect their fighters to sign a contract, they sign a contract with the venue, with their sponsors, etc. So don't believe for a second they aren't willing to sign a contract.

It is certainly a more professional way of doing business and, from what I've found in dealing with promoters for quite a while now is they really appreciate professional conduct. Once they realized you're a real PRO they feel better about you. At first, they're not quite sure how to take it though.

SnapLocally · August 26, 2010

If you can get a promoter to sign the contract, more power to you. In my case there's no guaranteed work, and some promoters will just go with the free crap the next guy is offering over the quality and experience I can provide.

Once they realized you're a real PRO they feel better about you.

Not in my experience! Seriously, it's been a while now, but I've gotten criticisms from things like trying to make money off of the fighters, not giving away work because the promoter requested it, and one case in particular making $500 off of one fighter with UFC experience on a Licensing Agreement. I think being a "pro" almost works against me in some instances, because that means my services are worth money, and I've had some promoters just come out and say -without a price even being named- "I can't afford to pay you", and in other instances I do name my price- say a few hundred bucks, and they don't get back to me, and I know exactly what they're thinking- "the next guy might not be as good, but I'll get their work for free".

Good luck with the contract though. I'd be interested in hearing how it's worded, and how things work out.

GadgetRick · August 26, 2010

I've had promoters tell me they aren't paying photogs, I'm used to that. But I've never had any of them begrudge me making money off the fighters. If they did, I'd politely ask them why they do.

I'll put some wording up on what he's signing later.

GadgetRick · August 30, 2010

So here's (basically) what I put in the contract they signed as far as terms and useage:

1. It is understood that Farmer Fotography is the exclusive official photographer retained to perform the photographic services requested on this contract and Farmer Fotography retains rights to be the exclusive provider of photographic services to fighters, teams, sponsors, etc. for this event.
2. Farmer Fotography may substitute another photographer to take the photographs in the event of Studio/Photographer’s illness or of scheduling conflicts. In the event of such substitution, Farmer Fotography warrants that the photographer taking the photographs shall be a competent professional and the promoter will be notified of a change immediately.
3. No part of any order, including previews, will be delivered until the balance is paid in full.
4. Farmer Fotography reserves the right to use images created under this contract for advertising, display, publication, or other purposes. The client, by signing this contract, warrants that he/she has actual authority to agree to the use of the likeness of all persons included in the event in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Digital files, and previews remain the exclusive property of Farmer Fotography.
5. Upon signature and payment, Farmer Fotography shall reserve the time and date agreed upon. All fees and deposits are non-refundable, even if the event is rescheduled or cancelled for any reason other than inclement weather or an act of God or Farmer Fotography not performing duties agreed upon.
6. If Farmer Fotography cannot perform this contract due to photographer’s illness or emergency, then the photographer shall return any fees already paid to the client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. In the event that Farmer Fotography fails to perform for any other reason, Farmer Fotography shall not be liable for any amount in excess of the retail value of the Client’s order.
7. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio/Photographer’s permission, and violators of this Federal Law shall be subjected to its civil and criminal penalties.
8. This Contract incorporates the entire understanding of the parties. Any modification of this Contract must be in writing and signed by both parties.

And here's what I am contracted to do:

-Farmer Fotography will cover all aspects of the event from start to finish regardless of time of completion. For this service, the promoter agrees to pay Farmer Fotography the sum of $x.
-The promoter agrees to provide Farmer Fotography with all contact information for all fighters, schools and sponsors for this event. Farmer Fotography agrees to use this information solely to market photographs from the event to said persons/groups/companies.
-Farmer Fotography will supply promoter low-resolution images for promotional use on the Web, email, Facebook, Twitter, etc. The promoter has rights to use these images via these media for a period of 2 years from date of event.
-Farmer Fotography will provide promoter with 2 full resolution images to be used for print marketing. The promoter has rights to use these images for printing for a period of 2 years from the date of the event.
-The promoter agrees to give Farmer Fotography all credentials needed to effectively perform the duties of official photographer for the event including gaining access to the cage after fights to photograph the fighters/teams/etc after the fight.

The no time limit, as you know, sort of has to be in there. They're paying me to shoot the fights and (sometimes) they can go long.

Contract for shooting MMA event

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