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To thrive as a commercial photographer, it’s not enough to be creative and technically proficient. Photographers also need to understand how clients value their photography and how to negotiate with client so they can capture that value. Whether a photographer is shooting for editorial spreads, corporate libraries, or advertising campaigns, they need to frame that value in the form of a proper estimate and/or contract will significantly impact a photographer’s success. Our Pricing & Negotiating Coaching service gives photographers the tools they need to charge appropriately for their services and to protect their business interests.
I recently coached a New York-based photographer who wanted to refine their process, and get a better handle on the value of the projects they regularly bid and work on.
As part of our coaching sessions, I shared best practices on the key aspects of the estimating process. It involves asking the right questions after receiving a creative brief and determining appropriate fees and expenses. This is followed by the negotiation process, understanding licensing agreements, usage rights, and exclusivity. And, finally, navigating the maze of necessary terms and conditions and defining the “box” that we put around the project.
In addition, I provided guidance on what drives costs and how to determine their appropriate value in the marketplace based on their expertise and the competition. Moreover, I also advise photographers on when and how to create successful treatments. I offered this guidance in conjunction with practical advice on utilizing estimating applications like BlinkBid. This estimate-building platform allows photographers to enhance their proposal, bidding, and invoicing process, and helps create a consistent framework for building out budgets and agreement terms for new jobs.
Our coaching approach starts with a review of the photographer’s existing process. First, we analyze three recent estimates or contracts and their corresponding delivery memos, invoices, and other supporting documentation. We assess the photographer’s approach to contracts and estimates, identify the positive qualities of their approach, as well as the areas that need attention and correction. In this case, we spent our first sessions reviewing a number of recent jobs, including fees, expenses, and agreement language.
We started out with an in-depth conversation on how to navigate complex agreement terms for a previous travel/hospitality photography job. The client wanted documentary-style travel imagery for an international hospitality/travel client. In this scenario, the photographer was presented with a rather complicated contract for the project.
I identified two major problems with the contract the photographer received from the client. First, the agreement language describing the client’s expectations of the photographer was vague, and portions of it were difficult to interpret. The contract also failed to provide enough detail regarding the client’s anticipated fees and expenses and the agreement for usage and licensing.
Vague language in a contract or agreement can result in unforeseen consequences. The client’s agreement also noted a fee for “buyout” usage. This term, however, doesn’t really have a legal definition and can mean different things to different people. We typically avoid this type of poorly defined licensing language. It’s better to put a finer point on the license and the duration of that license in your own terms.
The organization of the agreement itself was also another possible source of confusion and misinterpretation. The agreement outline did not provide a clear breakdown of the project rate, nor the expenses that the photographer would receive budget for. In this situation, I explained, the best approach is to craft and present your own estimate with a clear description of your interpretation of the project needs along with your own agreement language. This way, you can more effectively put a box around the expectations for the project, the budget, and image licensing, and confirm that all parties agree to and understand these items.
I also reviewed one of the photographer’s invoices from a previous project they completed for a food and beverage/hospitality client. In my discussions with the photographer, however, I learned the photographer never provided a formal estimate nor received any signed agreement for the project. I helped them identify how the language used in the license for the images was too general and didn’t really align with the fees defined in the invoice.
Firstly, I stressed the need to better define the project. Items like shoot locations, number of hours/shoot days, travel days, production expenses, etc. that are included in the estimated budget should be explicitly detailed and stated. Every agreement must ensure that all parties have the same interpretation of the project brief and work that will be provided.
Secondly, I made suggestions on how to better limit the usage provided, incorporate higher budgets based on the project needs, and better define how the client would be able to use the images with the provided license.
To round-out the coaching program, we recreated a refined estimate for the previously discussed travel and hospitality project. Recreating this project estimate in BlinkBid together enabled the photographer to learn from and improve upon their previous work. We reviewed and strengthened essential components of the estimate, such as the job description, licensing terms, and agreement language, along with working up a detailed breakdown of appropriate fees and estimated expenses for the project.
In our coaching sessions, the photographer learned how to develop clear language around expenses, budgets, usage, and licensing. We focused on the best practices for clarifying contractual language and expectations with the client as a way to both protect the photographer’s interests and ensure the client’s satisfaction. By the end of the project, the photographer emerged with newfound confidence and refinement in their future approach. With this new knowledge and experience, they felt empowered to secure better deals and navigate negotiations more easily.
See more tips from the experts @wonderful_at_work
Further Reading
Pricing & Negotiating: Building Estimates
Expert Advice: Terms and Conditions
Need help pricing or negotiating a project? Reach out!