Alora: 0:06

Hello and welcome back to the Wedding Atelier podcast. Today I have a special guest, the legal page. I'm so, so, so excited. I have listened to her podcast for years. Not to mention, she helped me with my pandemic clause in 2020, which we're gonna talk about about why we need to be legal and legally legit as wedding photographers and some of the things that she has noticed as a wedding photographer herself in the industry. So, Paige, welcome to the podcast. I'm so excited you're here.

Paige Griffith: 0:32

Thank you. am excited to chat about all things legal, photography, what if situations, how to cover yourself in contracts, and probably a lot more.

Alora: 0:42

Yeah, it's so funny because when. We as photographers get started, we kind of just charge for our work and then we say, oh yeah, let me do a free contract I found on Google, and you're probably cringing. that is what everyone does, but they should not do. But I do have a question to open up with especially as artists, and creatives trying to be a little more like a CEO, what would you say is the common issues you see? Contractually, even like LLC, there's so many things you need to do to be legally prepared as a wedding photographer without, possibly getting sued out of your mind.

Paige Griffith: 1:16

Yeah, so there's kind of two questions at play here. The contracts and clauses that you need in the wedding industry as a wedding vendor or a photographer, and then also like. What else you need to do legally. So let's start with the former. the biggest things that I see are really vague cancellation and rescheduling clauses, if you can believe it. Even after 2020, I'm seeing still really bad clauses, and I think that's just due to maybe you weren't in it as much as everyone else in 2020 where we had laser beam focus on our cancellation rescheduling clauses, we were tweaking them according to what was going on in the industry. And clients' needs and clients push back. Well, clients are getting more and more laser beam focused on contracts as well. And they're not only looking at fee and retainer clauses, they're looking at cancellation rescheduling clauses. That's what they really care about. so just clarity is extremely crucial in those clauses. I am seeing clients canceling all the time, especially right now when the economy is kind of on edge or you know, when the economy starts doing weird things. Clients do weird things and money is important to them just as much as it is important to you. However, like. Your money is just as important. I always tell people, so you shouldn't be penalized for a voluntary cancellation or rescheduling situation. And a good cancellation and rescheduling clause. And we have these separated out in two different clauses because I think for clarity's sake you want it as conspicuous as possible in your client contracts that like cancellation by client. Here's my cancellation policies as a business owner, rescheduling by client. what those are. Cancellation of services by company or by photographer or by videographer? Like what, what would be a situation? Probably like personal emergency situations or situations kind of beyond your control that are personal to you. We're not talking here force majeure. But what would happen if you have to cancel or get another alternative professional to take your place and what are your business policies surrounding that? So those. Three clauses are really crucial and I always see them combined together, kind of confusing language. And I want them to be as crystal clear as possible. So look for that. Look for incomplete payment schedules or just contradictory language in your contract. Photographers in particular need really, really clear retainer language, non-refundable retainer. Please don't use the word deposit. Deposit is oftentimes an amount towards the final payment, and if services aren't rendered, then a deposit is oftentimes refundable. Especially deposit is rooted in landlord tenant law, so be very, very cautious of using that term. I suggest you use the word retainer. There's a lot of case precedent. being able to keep the retainer and then even expressly delineating, okay, my retainer is for booking X date out on my calendar whereby I'm going to say no to all of these other clients. So it's an opportunity cost there and it's really liquidated damages in the event that cancellation or rescheduling does occur. Like you get to keep the non-refundable retainer as long as they're notifying you in advance. And those all align. So all of these clauses are working together. And then if you have installment payments and final payment terms, be really clear, like what are those installment payments for? Don't just say like, here's the installment payment and here's when the final payment is due by. Like, what are those for? Just make it really, really understandable to your clients, like, what are they paying for? Why are they paying you this amount? On this date for what? And then the final payment really make it crystal clear that those are for your day of services. whether that's day of photography services, videography services, and then any post event production, those types of things. Because they want to know like, okay, if they cancel, say. This is happening right now. They're canceling or rescheduling. Sometimes they're pushing the date out altogether, like until 2026. Maybe they need more time to get funds together or now isn't the right time. We saw this a lot in 2020 and 2020 was mainly rescheduling situations. But we're seeing that too. Like they're either pushing it out or they're canceling altogether. They're like, we're not gonna do this. We're gonna spend our money on something else right now. We're seeing the exact same things that we saw in 2020, which is fascinating to me. So we just need to be prepared for what if situations and payment terms really need to go towards. Whatever day of services you're providing and then any post event services you're providing, and then that is clear to people, okay, if I cancel or reschedule, I don't have to make that final payment because those services haven't been rendered. But I will forfeit the non-refundable retainer and probably any installment payments that I have paid up to that date of cancellation or rescheduling because a lot of those amount to like planning and communication services post booking. So those two things are big. The other three things I'm just gonna like let people know about here, so you can kind of start ruminating on this in your mind is no clauses in your contract regarding client behavior. And this pops up in our Facebook group all the time, like, think here, harassment, unsafe working environments for you and your assistants or anyone that's with you. also don't see a lot of language. I see like basic model release clauses, but then those aren't related to image rights and like copyright clauses. So just misunderstandings in your contract surrounding image rights and model releases, like who can use, what is it a personal license to use? Is the client granting you a very specific model release? And being really aware that like. Privacy is of importance nowadays for a lot of clients. So being willing as a service provider, particularly photographer or videographer, being willing to switch out like an all-inclusive model release with a privacy of images clause. so you might want to have like that kind of. Switch out language in your back pocket, so to speak, is what I like to call it. And the very final one is an artistic style clause that is due to what happened last year with CPA gate. And if you don't have really clear language surrounding like, okay, here is what you can expect from me and. You are presenting all of that evidence and proof prior to them booking. Like your galleries all look the same, your website looks the same, your, you know, Instagram all looks the same, and now they've changed their mind like they booked you for your artistic style, but also being very clear that your artistic style is like. It's kind of ever evolving. and it's also like due to weather implications and things outside of your control. So having a really robust artistic style clause is very important as well. So that's what needs to be in your contracts. Before we move on to like other things that you were talking about, do you have any additional questions surrounding contract clauses that I

Alora: 8:07

I think you nailed it.

Paige Griffith: 8:08

have in your contract?

Alora: 8:09

I was like, Paige, I think you nailed it. Yes. I feel like when I was piecing together my first contract, like decades ago the only thing that was really included was the artistic clause deliverables and everything else. it was deposit. And so people are like, well, I can get that back because it's a deposit. not realizing that the language is really, really important. But yeah, I think you're on a roll yes. My other question, I don't even remember it, but go ahead and answer it.

Paige Griffith: 8:33

Yeah, you were kind of saying like, what do you wish people would know more of when it comes to the legalities of their business? Like, what do they need to do, what do they not need to do? So contracts number one. I'm glad we started there. That absolutely needs to be the first thing you do. It doesn't matter if you're a sole proprietor or a limited liability company. Like please make sure that you have a contract first and foremost before you book anyone. I always tell people like, you have to treat your business like a business. It's no longer like a side hustle passion. Even if it's a side hustle, it's still a business. You're still in it for profit. And it's no longer like a passion project, I guess is what I'm trying to say. the legal side of your business is, is extremely important. So think contracts first, and then I always tell people like, think insurance. We can talk about that a little bit later. But that's really important for like sole proprietorships starting out with a contract and really good business insurance. But when you want to actually become a legitimate professional business entity, you want to look into becoming a limited liability company, also known as an LLC. In your home state is I just think LLCs and contracts like aren't really optional nowadays. They're really, truly a necessity. And I, I think at the beginning stages a lot of people. Believe that verbal agreements are okay, or like dms or text message threads or whatever, like they're not going to protect you. Everything needs to be in writing, and ideally you want to have that signed written agreement that was written by an attorney. That covers everything that you can expect and more that you're not even sure you would need because you've only been in business maybe for a, you know, small amount of time compared to all of us, like a lot of us who have been in the industry for like 10 to 15 plus years. and the other thing I would say is like, lots of people have this thought that like. just, I'm a small business. I'm like too small for a bunch of legal protection. I don't really need it. but starting right and starting out legally out of the gate avoids huge headaches later on and it, no one is too small to start out smart and. You never know when you're gonna get into a situation. It doesn't matter size of business that you are. Oh client. Situations happen all the time, day in, day out, and you don't want like a little legal debacle or like. Misunderstanding with your clients to then turn into something way more than you could ever expect. And even the best of clients. And we all have the best of intentions. You just never know. I don't wanna scare anyone. There is a little bit of like based knowledge that you need to have in terms of legally protecting your business. Like otherwise, why would we do it? But you, you're only talking here like the 5% of bad clients, but we all have them, right? Like we've all experienced them. You're nodding your head like we have, we have a deep understanding of how this goes. And we just want others to learn from our poor experiences and like hope that that doesn't happen to them. the copy and paste contracts on the internet just aren't gonna do it. If you find one from a colleague or a friend in the industry I always say like, they're gonna get you 10 to 20% of the way there. I'm really happy that at least you have something. Something's better than nothing. But you will very much see what is missing. There are holes in those contracts. It's not updated regularly. Who knows who that was written from or where it came from? Honestly, like the amount that we have to edit when we look or do a contract review or audit on someone that got it from. A friend or got it from like some educator five years ago that was randomly selling it on their website. And they shouldn't, because that's unauthorized practice of the law. Like there's just weird things that have gone down where I look at it and I can tear those contracts apart, like they're just missing things or they have competing language or contradictory language, or the cross references aren't right. Or they're just blatantly missing things in their contract that should be in there. So. I am just here always, always, always to educate, to provide you knowledge and understanding. It's important for you to know why things need to be in your contracts, why you need to set up your business. Like as a limited liability company. It's really inexpensive, not hard to do. And yeah, legal doesn't have to be scary. Just know it's there to protect you, not trap you.

Alora: 13:01

Yeah, I guess my question is like, I know when people first get started, they don't really know why they need an LLC, like LLC versus sole proprietor. When I became a business owner, my accountant just made me a sole proprietor. She's like, well just do this for now. And so I was. Bleeding in taxes. And also too, I realized that if somebody were to sue me, they would take all of my personal assets. Like is there anything else that you can stand by saying like, hell, having an LLC is so much, you know, more important than just getting a random sole proprietor and just having an EIN or something like that.

Paige Griffith: 13:33

Yeah, so sole proprietors ships, they're good at the beginning. They're the default type of business that you are, but you're not an actual registered business entity. A sole proprietorship is like an arm and extension of yourself, so you're filing still under your social security number. just saying like, I've received some additional income from X, Y, z, like business ventures that I've been doing. and so you're right, you're spot on. All of your personal assets, all of your savings account, your home, your cars, like everything that you have worked really hard for retirement, kids, savings accounts like that is at risk. And I am just like, no, no, no. Like I've worked too hard for that. like, starting a business is risky. It doesn't matter what business you're starting, like you're adding a bunch of risk to your life. photography, videography, like wedding event it, well, weddings and events do become a little bit more risky than just like portrait photography. But. As a whole, if you're looking at like the full gamut and scope of businesses out there, ours is way less risky than a lot of businesses.

Alora: 14:40

Sure.

Paige Griffith: 14:40

So just know that, but you're still adding risk. And so if you wanna keep those two separate, the best thing you can do is become a limited liability company. So what it is, is it's a legal liability shield. That's all it is. when you say something about taxes, I think what you're talking about is an S corporation, and I can get to that. But an LLC is actually the exact same thing tax wise as a sole proprietorship. So it's called a pass through taxation entity. Meaning that all of your profits, so net profits that are coming from your LLC will just pass through to your personal tax return and you only have to file one tax return, which is great, you get the legal liability protection. So when I say you start with contracts first, I really want people to understand how it works. Like why do I have all these things in my business? Well, your contract is your first line of defense, so if something were to come up, hopefully your business policies and what the parties agreed to is resolved within the four corners of the contract. If it's not and there's like ambiguity or there's a dispute regarding, you know, your business policies or what's, maybe it wasn't in your contract. Maybe there's confusing language in your contract. If your contract doesn't resolve it, then usually you'd go to business insurance or if it's like a negligent. Situation that occurred where you did cause like bodily injury or damage to a person or something else, they could just go to your business insurance. That's probably not included in your contract. However, sometimes your business insurance will cover things above and beyond that your contract can't resolve. So it's like contract first, then business insurance. And then what? Like what if your business insurance is excluding things or not covering, as we all know, we file claims and they're like, no coverage. Sorry. Well then what? When you're a sole proprietor, it's just gonna go straight. Like all of that liability and risk is out of pocket for yourself, and you want to keep that so tight within the LLC bubble. So it's like three bubbles within each other, the contract, then the insurance, then your LLC bubble. long as you are making sure that you have an LLC bank account, all of your touching moments. Income and expenses are coming in and outta that bank account. You're not commingling funds. When you need to pay yourself. You're just transferring that into your personal bank account. As long as you're doing that, then really everything that's at risk. And the, if something like catastrophic or like really bad were to occur. Or like say you lost everything, like. I don't know. I've seen it happen, you guys, I've seen it happen. Memory cards from an entire ceremony are wiped and gone, like I know. Worst case scenario. And there was a lawsuit that went down and the dad was a lawyer. Like it was a huge deal. We're talking here way above and beyond the contract, like even though it had maximum damages clause, like, I mean, they're suing for everything possible because they can't get that

Alora: 17:36

Yeah.

Paige Griffith: 17:36

like. It's gone. And so, you know, maybe at a $5,000 wedding, well now you're being sued for like 30 to 40. Your insurance isn't going to cover it. And now that you just want at risk with your LLC so that maybe you have, I mean. I'm just trying to use numbers here. So it's, you guys can really get this in your head. Like, maybe you only have 20,000 in your business bank account, then that's all that's at risk, you

Alora: 18:01

Hmm.

Paige Griffith: 18:01

Or maybe you need to sell like some business assets and probably not like you're gonna settle this dispute is what I'm saying. Why would you want $40,000 of like your own money to be at risk and like personal assets? when I say sell things like gear and equipment and things along those lines, like within the LLC bubble, so that's how they all work together. An LLC is also very easy to set up. So it's just, you can DIY it and I'll make sure you have a link to our D-I-Y-L-L-C registration guides. We have gone through every single state's website and like, done it for you and screenshot it and like showed you how to do it. So don't get in the trap of like. Hiring someone or some weird business online that has a good like sponsored Google ad when you type it in, like, don't do that. 'cause you're gonna get trapped into them, like asking for more and more money.

Alora: 18:47

Yes.

Paige Griffith: 18:47

Every single year you can do it yourself. It's usually inexpensive. Anywhere from like 50 to a hundred dollars, maybe a tiny bit more if you're in California or New York. Nevada. There's just a few states that it is a little more expensive, but I still think it's the best business insurance that you can get and like that is so worth it. And then you have to file a small annual or biannual fee just to tell your state, yes, I'm still an active business. I'm still running this business and making profit from it. So I would like to continue my LLC registration. And yeah, it's all done online now, so it's a really simple way to like set up yourself for success and protect your business in all respects.

Alora: 19:28

Yeah, I love that. And also, this is basically a legal masterclass. I'm literally like, yes, yes. This is because it's true. Like, and you don't even think about like, okay, have an LLC. Like I don't think people normally explain why. Just like, oh yeah, I have an LLC, or this is my business name, LLC. But it actually just means like your personal and business are separate, like your transactions, your money, and it's just. It just feels safe to know. And I actually have a question. I didn't write this one down, but I'm curious to kind of like some of the legal things that you have come in contact with. It doesn't have to necessarily be in the wedding industry, but like something that you're like, okay, we need to like, or business owners need to tighten up on X, Y, and z. I mean, even just like with them losing the whole ceremony, like what would you say is like the typical things that kind of slip through the cracks legally?

Paige Griffith: 20:15

Mm, that's a limitation of liability clause. So we have buttoned up that clause, like time and time again. We're always looking at it to make sure it's good to go. So like for a photographer for example, you want language in that clause that's, you know, partial loss beyond like. Of something. And the beginning part of that clause is gonna say things regarding like, things that are kind of outside of your control, equipment malfunction. Like you'll do your due diligence, but at the end of the day, like there is inherent risk in this type of job. And they're accepting that risk as much as you are. So like liability for partial loss of images would be prorated based on the total delivered. That's something that I have seen. Artistic style clause, I'm gonna go back to that one from last year. Like language at the end of that, that like termination or like by a client or cancellation or like, them disliking the artistic style

Alora: 21:08

Yes.

Paige Griffith: 21:09

would not account for any refund in any situation whatsoever. That's important and I think a lot of people. We're on the fence about that, or just like it wasn't crystal clear. Force majeure clause, like at the end of a force, majeure clause Like here's what a force majeure event is. Then the impacted party needs to notify the other party. And then there's opportunity to cure performance. You guys, a force majeure clause is not like a get out of jail free card, like let's rip up the contract. A force majeure clause is basically like no one's breaching the contract if these situations Occur and the party should have the opportunity to perform and CURE like at a later date. So usually it's like within 30 days or something along those lines. And if you can't cure performance for whatever reason, then what happens to fees paid? Like this was the big thing that happened in 2020, and I'm still seeing it in contracts like nobody's having at the end of that clause. Well, okay. that have been paid are now put on credit and can be used for 12 months, 18 months, like a longer opportunity to cure. Maybe you have to terminate that contract, but you're moving fees paid over to a new rescheduled date. Other things that I see I mean, clients just walking all over people for cancellation and rescheduling purposes. Like they just think that they can strong arm you into things and it's just unfortunate in the wedding industry, For whatever reason, event vendors are now being strong, armed more than ever. So it's really important. to enforce your contract. I can tell you everything and anything to put in it. But at the end of the day, it's only as good as your willingness to enforce it. So you have to be a professional and you have to stick to your contract. I could go on and on. I mean, there's all kinds of weird things that go on chargeback situations, like after everything has been delivered and like what do you do in those situations? Defamation things happening online or social media blasting, that's a

Alora: 23:07

Yeah.

Paige Griffith: 23:08

So yeah, I mean, like I said, I don't wanna scare anyone. I see everything and I see the bad. But like I, you guys, the majority of your clients are good. You're just really trying. But sometimes even those really good clients have questions like, okay, are you gonna complimentary edit? You know, 15 of the really important images to me, or do I need to pay for that? that needs to be clearly expressed in your contract

Alora: 23:31

Yeah.

Paige Griffith: 23:32

that there's no confusion down the road. Like maybe they assume you're gonna complimentary edit what they want, but how many, and like what is above and beyond the scope of what you're willing to do.

Alora: 23:41

Yeah,

Paige Griffith: 23:41

I could go on and on,

Alora: 23:42

and

Paige Griffith: 23:42

those are some

Alora: 23:43

it's true, there are tons of situations and circumstances and nuances in, in any industry, but specifically like with weddings and photography, because it's a one-time event usually, you know? So yeah, your contract really needs to be tight in case anything can go wrong. And there have been many times. Like in my wedding photography business where I was like, thank goodness for this 16 page contract that like held tight you know, to the situations. 'cause there could be a myriad of things that go wrong, but it's just better to be safe than sorry. So totally stand behind that. I do have a question about kind of like what you see. In the economy right now, because you said it's getting similar to the pandemic, kind of like how people are rescheduling. I know there's been like tons of layoffs. Can you kind of speak to just like your opinion of what you think is going on and just like how wedding photographers can be better prepared for that? Something like that?

Paige Griffith: 24:34

Yeah, I think there's just a lot of uncertainty right

Alora: 24:36

Hmm. Yeah.

Paige Griffith: 24:37

like something changed this week with tariffs again,

Alora: 24:39

Oh.

Paige Griffith: 24:40

there's so much uncertainty that, you know, I've got my pulse on it and I an economics and political science major and I have a degree, so I'm very interested in it, but a lot of people aren't as clued in and there's just so much. What's gonna happen and when this, this is what I mean is the sentiment of that uncertainty, what's going to happen. And people hold on to money, like they're not sure. And so clients kind of retract back. Not everyone, not everyone. And you just have to be aware of that. Like clients are uneasy right now. various reasons. You have no idea what's happening in their life and personal world and like maybe their, one of their partners got laid off, like you just don't know. And so you have to be lead with kindness, lead with understanding. But also know that your money is just as important as their money. I don't want you to go out of business. And that was the situation I was in in 2020, was trying to, everyone was in the same boat. We're all trying not to sink. Like we gotta make sure that the industry doesn't collapse overnight. So. As an industry, what is our industry standard moving forward here? Okay. I feel like it was really cool 'cause we were all banding together at that period of time. Same goes here with a lot more experience under our belt now. I am seeing people saying what I have been telling them for years, like, stand by your contract. Stand by your non-refundable retainer. Yes, they might be able to cancel or reschedule. Of course, you probably can't get that final payment due at this point, but at least you're not out of everything. And, leading with kindness, but leading with understanding. Like you don't need to say, this is what my clause says in email number one, back to your client.

Alora: 26:26

Yeah.

Paige Griffith: 26:27

But you need to like, use similar language so that they know like your business policies are what your

Alora: 26:32

Mm-hmm.

Paige Griffith: 26:33

Always lean on what your contract is saying so that by email three or four, if there is just so much back and forth pushback, then you can go and enforce your contract. Like, okay, they're not getting it. Like this is what it's gonna be. And yeah, I would say like that's what I'm seeing. people are either rescheduling, they're like unsure, or they're seeing budgets go way up. So with this tariff thing we saw this with building costs back in 2020, Like if you were trying to build in 2019 or early 2020. Your building costs were astronomical come June of 2020. So I think that uncertainty is like, is that gonna happen again? Like, what's going on with tariffs and people with wholesale costs, florals mobile bars, caterers. I mean, there's plenty of others, bakers like those pricing is going up. So now clients are seeing like the whole of what they budgeted for last year to what is coming this year is just changing. And they're having to make decisions based on their budget. So we can all get that like, money is important, but your money is just as important as theirs. And so don't fall into the trap of like. Oh, I, I just, I feel bad for this situation. Like I need to refund because we've also seen some like so great lies and like threats and you just never know. Like you never know if they are telling the truth. but you want to make sure that like you are protecting your business as well. I feel like I'm just like going down a bad rabbit hole here. But. Hopefully I'm like letting people know like there are like these what if situations they are coming to fruition and I'm seeing them more and more. If you just hop into the legal page community on Facebook, it's a free group, TLP facebook.com. You can just like social, listen on the side. You don't even have to do anything or post anything. But it's really enlightening to be like, oh my gosh, this is

Alora: 28:26

Mm-hmm.

Paige Griffith: 28:27

Okay. This was a client situation that occurred with another wedding vendor.

Alora: 28:31

Mm-hmm.

Paige Griffith: 28:31

my contract, but also my workflows and processes and client communication, all of those go together.

Alora: 28:37

Yeah, I, like I said, it just makes sense to be better safe than sorry. And we kind of just have to like be so for real with ourselves. Like, okay, this is happening. Let me go check my contract. 'cause I don't want that to happen to me. So it's, I'd like to know worst case scenarios. I like bad news before the good news. 'cause then the good news will like help me after the bad. So it's kind of like the same situation, just like be prepared.

Paige Griffith: 28:57

Always.

Alora: 28:58

like we really have to be prepared because every time there's an economy shift, the wedding industry gets hit so hard because of the big budgets that people are spending on their wedding day. And so it's either like, oh, okay, you can like raise your prices or you gotta like scale back. And so I think everyone's just kinda like freaking out about that right now.

Paige Griffith: 29:15

Well, weddings are a luxury no matter what, like budget

Alora: 29:19

Mm-hmm.

Paige Griffith: 29:20

like a wedding isn't a necessity, so to speak. It's a want for your clients.

Alora: 29:24

Yeah.

Paige Griffith: 29:25

And how big and different is that want? I mean, I don't know. I'm probably gonna get a lot of flack here, but it's true.

Alora: 29:31

Yeah.

Paige Griffith: 29:32

there are various ways to go get

Alora: 29:34

Mm-hmm.

Paige Griffith: 29:35

and it doesn't involve a huge wedding, and so they are making decisions and choices based on that. And again, this isn't as big of a deal as the pandemic

Alora: 29:46

Sure.

Paige Griffith: 29:46

and we learned so much five years ago. So I feel like we are so much more

Alora: 29:51

Mm-hmm.

Paige Griffith: 29:52

as wedding vendors than we were back then. But it's just interesting to see how these little things are popping back up and what it's going to do. Like you said, to the wedding industry, come 2026 and 2027, we're gonna see. and flows and shifts again, which is common. We've been in it for long enough decades that we're like, you guys, this happened. I remember people that I've talked to that are educators that are like forties, fifties, and they're like, this happened in 2008, 2009. Like remember that you guys, we all got through it. It's okay.

Alora: 30:24

Okay. See?

Paige Griffith: 30:25

not fun, but we do get through it.

Alora: 30:27

Yeah, and I feel like we get more and more prepared as we're just kind of like, we have to learn how to adjust and not be so stuck in your ways. Being like, okay, this is shifting, so we need to make changes. You know what I mean? Just like being really quick to not be stuck in your ways. Like I'm just trying to be where I was in 2019, like 2019 is so gone. Like we gotta be focusing on 2025 probably to 2030, depending on what's gonna happen in the economy. So. I feel like that's really interesting too. Like your majors kind of help you really stay up to date with like what's going on. You're like, oh, I know what that is. I know what's coming. Like that is such a really good skill to have, like off the record.

Paige Griffith: 31:00

Thank you. And I guess for everyone involved, like your contracts get you or everyone listening, if you're involved in this, you know, whatever situation with a client Your contract is really important, but so is your

Alora: 31:13

Hmm.

Paige Griffith: 31:14

So like definitely listen to our gal here on pricing, like your overhead and like how much your markup is, and that is just as important as like what your retainer language is in your contract. Because there's a number attached to that

Alora: 31:31

Hmm.

Paige Griffith: 31:32

payment, and so you need to make sure that that is covering your costs for if these things occur, then I'm in an okay situation as a business owner where I'm not out, everything,

Alora: 31:42

Mm-hmm.

Paige Griffith: 31:42

Because I have appropriately priced what my retainer payment needs to be and what my subsequent installment payments need to be. If you do installment payments and what that final payment is.

Alora: 31:52

Yeah, I mean it's just really important to know because we're gonna have to constantly being aware, like I'm not a finance girly. I am more of like left-handed artist. So like me having to focus on the ups and downs of like what's happening in the stock market, what's happening with this, and like seeing so many. YouTube shorts, you know, tiktoks and being like, okay, this is what's happening in the industry. This is what we need to focus on. The richer getting richer, the average people are scrambling. So I'm just kind of like, okay, just like with business, all of this stuff is kind of like identifying patterns. So, I mean, it's kind of like you kind of just like. What do you call that? You just gotta jump in the ship and keep going. I don't know, I think I made that up, but we're gonna like switch over a little bit to something that was on my mind. 'cause I've recently, you know, rebranded and I paid for trademarks and all these other things. 'cause I realized that like the name that I was serving was trademarked and learning that somebody could send a cease desist and be like, Hey, change this. Or you're being sued. So do you think like as wedding photographers or maybe all business owners, should they trademark their business names or their name? Like, could you possibly have to rebrand your own name because somebody trademarked it before you? Like what do you think the seriousness is behind trademarks?

Paige Griffith: 33:03

Oh, it's so serious. I'm an intellectual property

Alora: 33:06

Yes.

Paige Griffith: 33:06

So the legal page is a legal education platform and contract template shop, but I also have a law firm, Griffis Waza Law, and we. Deal with trademark registrations and infringement and copyright registrations and infringement day in and day out. I was just in a lawsuit for 18 months with a sub-brand name of mine. So like it can happen to lawyers and it can happen to intellectual property lawyers. I see it. I just had a friend that messaged me two weeks ago and was like, oh my gosh, we got a cease and desist for this workshop name that we have. What do I do?

Alora: 33:38

Oh my gosh.

Paige Griffith: 33:38

much marketing and advertising behind it, and I looked into it and I was like, you kind of have two options, like option one, lease risky, like change a name, option two, like they have the federal trademark, like maybe get them to allow you to license it. That's. A tall order uphill battle, good luck. Like I can help you with that, but I can't guarantee anything that they're gonna agree to it. A federal trademark is, it's like lock and key for the most part, unless we're talking like generic terms, generic side, that can happen, like with the term adventure sessions that came up recently or like Wild West weddings, we've seen that as well. There's been some weird trademark stuff the past six months, honestly. It's never dull in the wedding and event. But what I'm trying to say here is like, trademarking your name is really, really important. You have to know that you are legally using a brand name that you can use and you're not infringing on someone else's. So step one, two, if you have a really unique business name that isn't your first and last name, it's very hard to trademark your first and last name. You need to have what's called secondary meaning. Like you gotta be Taylor Swift kind of thing. Like you have to have a name that no one else has that everyone can associate that name with that brand, which is, that makes sense. There's so many overlaps in people's first and last names. Surnames are very, very hard to get registered. So we're talking here like a different brand name. Like the legal page is unique because it has my business, my name in it, but it's a unique twist on that and I trademarked that right away when I came up with it so that no one else could take it or iterations of it. Like if someone tried to do PAGE, they wouldn't be able to do that, because that's a really specific derivation from what I have. so yeah, you stand out, you want to prevent confusion from others, and a trademark is the way to do that. And it's automatic damages. It is also a way to increase your brand's value and long-term growth for potential sale. is, an intangible asset attached to your business, so there's monetary value attached to that. Not only can you send cease and desist all day long and make sure that people aren't using your brand name. To help them commercially profit

Alora: 35:43

Yeah.

Paige Griffith: 35:44

But if you were to ever sell a portion of your business or maybe sell your online course or sell your digital products to someone else, like that's happening all the time in the digital space, if you have a trademark attached to that, your amount for that sale goes way up. Way up and it goes up for how long you've had that trademark and goodwill associated. So the sooner, the better as well, I mean, it's, it's important when you're first starting your brand as well. I want you to do it as soon as possible, but it's also very important if you're ever thinking about a sale, to do it as soon as possible. Bottom line trademarks equals legal ownership of your brand identity. A hundred percent worth it. I could talk about this all day long and if you guys need any help or you wanna like hop on a consultation and be like, Hey, this is what my brand name is, or this is what, you know, other offerings I have in the digital space, online space, I am happy to do that. And as are my lawyers in my law firm. And we can have a consultation with you and kind of give you step-by-step approach of like, yes, let's trademark this. No, this probably isn't going to go through, but like, here's some risks with it. Maybe I would suggest you try or let's not do it. Let's not waste your money. A consult is always a good way to start with an intellectual property lawyer, and I'll make sure that they have the link to contact us.

Alora: 37:01

Perfect. 'cause that was gonna lead me to my next question about what would you say are like the necessary must have or top contracts and tools, which we probably already discussed. So that would be in the show notes that You recommend to photographers right now?

Paige Griffith: 37:15

Okay, first thing, get a contract. Client contract. Usually it is a family and couples contract. That's like our most generic portrait photography contract that can be used for a variety of situations. And then a wedding photography contract. If you shoot traditional venue type weddings, if you're a destination photographer, you'll probably want to go with that one. It's a little bit different, and if you're an adventure elopement photographer, you would want to go with that contract. So it's like usually one of those three at the top. And then you want like general addendums and amendments. Things are gonna change in ebb and flow with your client situations. And so you're gonna want to have that agreed to not just in like email back and forth, like, okay, we're changing the date, or, okay, we're adding a second shooter on. What does that cost? And like, that needs to be in an addendum. Or maybe you're changing the package price for whatever reason you agree to it. That needs to be in an amendment. So those need to be in their third party payer addendum. if you are in the wedding and event industry, there's always gonna be a situation where you find out someone else is involved in payment. You can't do anything if you don't find out and they use a different credit card. But when someone comes to you and they're like, I'm involved and like, I'm paying, like, you don't want them to now be your client, you just want them to be the third party payer. So you have them sign and the clients sign a third party payer addendum, but then your clients are bound. As clients to the actual wedding contract. So those are all good ones to think of. A privacy of images clause is a big one now It's, we have it's like an a la carte clause that has three different options depending on the client situation and how much privacy they want or don't want. And you would switch that out with your model release clause. So we're seeing that quite a bit now. Then register your LLC, maybe become an S corporation down the road if you are making a lot of net profit and you wanna save on taxes. We didn't get into that. That's a whole other episode, you guys. I have a lot of them on the Legal Legally Legit podcast, which is my podcast. So you can go listen to those or we could do another recording about that. Or you could talk to, just go talk to a CPA. They'll be able to help you and make a determination if. An S corp is a good idea. But you're an LLC that files for tax purposes as an S corp. It's not like a different business entity. People oftentimes get those mixed up. You are an LLC and an S corp. business insurance, obviously general liability and equipment insurance, maybe some professional liability coverage. A separate business bank account, no commingling funds. I don't really even care if you're a sole proprietorship. Just go get a separate business bank account. It's probably not a business bank account, but just separating funds is so much easier for tax season. And just for understanding your p and ls as a whole. Clear privacy policy. So if you have a website you legally need to have a privacy policy on the bottom footer of your website. I guarantee you're probably collecting somebody's personal information. If you have a popup, you're collecting personal information legally required federally and in California, of course. And then internationally, if anyone from Europe, GDPR is landing on your website. You are required to have a privacy policy. So website terms and conditions and privacy policy, really important. I think a lot of people miss this step. And then written workflows to stay consistent with everything I just talked about and avoid confusion with clients.

Alora: 40:34

Yeah, I mean, that's amazing. I recently, had gotten the website and the privacy policy and I was like, nobody really talks about this, like, needing all of these things. And so it's good to have like a mental checklist or have somebody in the legal world that could be like, Hey, you need to have X, Y, and Z because we don't know the possibilities of what could happen, but if you have an email list and you're getting somebody's information, like that is a way that you're tracking data. Or if you're doing Google ads, which. are really, really big right now in all of the industries 'cause people are booking weddings with ads. So it's good to know and just be protected legally in case. I don't know what could happen and I don't wanna know what can happen. but yeah, better to be safe and, sorry. Thank you.

Paige Griffith: 41:13

The other ones I just thought about

Alora: 41:15

Yeah.

Paige Griffith: 41:16

were like a second shooter agreement. So if you're in the wedding and event industry and you're

Alora: 41:20

Mm-hmm.

Paige Griffith: 41:21

or second shooters, make sure you have a contract with them. I see lots of. Yuckiness occur with like a business to business relationship versus a business to client. So have really solid second shooter associate agreements. And then the last thing that we were talking about Let's wrap this up with a bow. What happens with cancellations and reschedulings, you need a cancellation agreement and you need a rescheduling

Alora: 41:44

Hmm.

Paige Griffith: 41:44

So like everyone understands and agrees to the terms of what that cancellation looks like, what that rescheduling looks like and put it in a four corner document that is basically like stapled attached, so to speak, to the original agreement.

Alora: 41:59

Are those like additional things they can purchase in the shop to kind of like piece, add to the con. Okay, gotcha. Because I remember having that in the pandemic. Everybody was like, we don't know what to do. We need to reschedule, we need to keep pushing this. And I remember like you had that reschedule clause and then there was the cancellation clause with whether or not there was like a full refund or a partial refund or whatever the policy is, but.

Paige Griffith: 42:20

So those are separate contracts. I just want everyone to understand. So a clause is what's in your contract when they originally sign onto it, like, here are my business policies surrounding this. But then what happens when that occurs? Then you have to sign a cancellation, like it's a termination

Alora: 42:36

Mm-hmm.

Paige Griffith: 42:36

So what. What are we tying up with a bow here? Is there, you know, can I now book someone else on that date? You know, like having all of that agreed to. And then same with a rescheduling contract. So it's like you have your business policies in your contract, but then you have to sign an additional agreement where everyone understands, okay, how are we moving forward? Is there a partial refund? Is there no refund? Can I open this date back up on my calendar? Yes I can. Once you sign that kind of stuff.

Alora: 43:06

Okay. So then having the original contract with all of your clauses and then the subcontracts that you would send out in case they do want to cancel? Correct.

Paige Griffith: 43:14

your subsequent contract, so that's gonna be contract addendums, amendments, cancellation agreements, rescheduling

Alora: 43:20

Yeah. 'cause it's definitely something that like I am dealing with with my students and they're just like, okay, there's people canceling, there's people moving, they don't know what to do because of the economy. And so it's just easy to know. Like it's good to know that you can also just be like, okay, hey, this is what we agreed to, but we're gonna, this is gonna stay like in your project, in your HoneyBook, you know, project or whatever. So.

Paige Griffith: 43:39

Exactly. Yep. It's just an additional contract that you'd send to them, but it's way shorter, you guys.

Alora: 43:43

Yeah. Perfect. Thank you so much Paige, for coming on and just giving us the legal rundown of how to run a business. Stay safe, stay protected so that nothing, you know, worst case scenarios even can happen. I mean, everything from how to get started, how to have a business, bank account, LLCs, contracts, clauses, all those things like this was just so, so helpful. I know my community is gonna love it and probably listen to it time and time again. This was amazing. Is there anything you wanna leave us with before we head off and I put all the new links to the show notes.

Paige Griffith: 44:15

Yeah. Thanks everyone for listening in. Hopefully you gleaned a little bit of legal insight here. Again, take what you need. Leave the rest. It is a lot. I totally understand that. If you have additional questions, you can always join us in the Facebook group. Legally speaking, I can't answer one-on-one questions for legal ethics and responsibilities. So we have 10,000 plus entrepreneurs in this legal community on Facebook because myself and the lawyers on my team. Monitor it 24 7. We answer questions in there so you will get real time answers from us, which is super cool. And other business owners who have maybe faced something similar and they can offer, you know, some expertise on their end. So it's a cool group, really collegial. There's no spam, we don't do anything. It's just legal questions all day long. And then if you want other tips, tricks, legal insight, you can find me at. The legal page on Instagram and the legal page.com. We have lots of good free resources, like if you want additional information on business entities and scorp, we have great guides on that too for you.

Alora: 45:16

Perfect. Amazing. And everybody else, thank you for listening and we will see you in the next episode. Bye.