06 May 2010
Ask an Agent: Ash Cloud
Lisa Pritchard of the Lisa Pritchard Agency answers your questions. This week, she tackles the ash cloud
Lisa Pritchard
The Ask an Agent column is written by Lisa Pritchard of the Lisa Pritchard Agency.
Q: I have just had a shoot cancelled due to the volcano erupting in Iceland and my flight being cancelled, can I bill the client for lost expenses and charge them cancellation fees? I've heard because its an Act of God‚ and no one's fault I can't?
A: Whether or not you can charge cancellation fees and expenses depends on what terms and conditions of business have been agreed between you and your client .
A volcano is indeed an Act of God‚ but this term is generally used when referring to insurance matters-i.e insurers don‚t generally insure against an Act of God such as volcano eruptions, earthquakes and other natural disasters .
Initially you should have submitted an estimate with your terms of business attached (these should also be attached to the final invoice) By confirming the job the client commits to paying you according to your estimate and your terms including what happens in the event of cancellation. (see example of cancellation clause below) It's also advisable that you include that expenses are payable in advance of the shoot and make sure you receive the funds before spending your own money.
If you have received terms from your client, double check what they say.
Some include the phrase "these terms supercede suppliers terms"‚ which pretty much makes yours null and void. Cancellation fees are rarely questioned however. If you are not happy it is your responsibility to reach an acceptable agreement before committing to the job.
Having said all of this, if your shoot has been postponed rather than cancelled you might want to consider being lenient, especially if you haven‚t lost out on other work . It's acceptable to charge for incurred expenses but perhaps you could reach an agreement on your fees. The volcanic eruption has caused immense inconvenience and chaos for many people, personally I feel a sympathetic and flexible approach is best under the circumstances. I've just spent the last two weeks rearranging several shoots due to the disruption (hence the delay in my Ask an Agent column!) and it's the suppliers that have been reasonable -model agents, studios etc -that I'll return to with future jobs.
As well as conducting yourself professionally, business is also about creating and nurturing relationships with clients. They are more likely to come back to you with more work if they think you are fair.
CANCELLATION & POSTPONEMENT. If a confirmed shoot is canceled or postponed for reasons (including unsuitable weather / light) outside the control of the Photographer, the following fees plus expenses in all cases are applicable: On shoots of two days duration or less, cancellation within 2 days notice = 100% of fees + expenses. Between 3 & 6 days notice = 75% fees + expenses. 7 days notice and over = 25% fees + expenses. On shoots in excess of 2 days duration, cancellation within the number of shoot days or less =100% of fees + expenses, within twice the number of shoot days = 75% fees + expenses, in excess of twice the number of shoot days 25% fees + expenses. Fee‚ means Photographer's fees as they appear on estimate. Days referred to are working days.Shoot Duration‚ includes all shoot, recce, casting, travel, preparation, post-production and test days.The Shoot‚ is defined as the number of confirmed days whether the job is undertaken as a whole or in separate parts.Expenses‚ include any and all costs incurred by the Photographer in pursuance of the Client's brief. Expenses‚ include any and all costs incurred by the Photographer in pursuance of the Client's brief.
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