Over the past year, as many of you know, I've amped up my fashion career. I'm still suffering multiple career disorder, I work in PR, Digital Strategy, Brand Consulting and Fashion Journalism but my favourite of all my "careers" is still Styling and Photography.
It's something I'm very good at, I'm brazen enough to let you know that, and honestly, the proof is in the pudding.
I've worked with a lot of up and coming designers, many of which I'm lucky enough to call friends, and I am fortunate enough to never have the business side of what I do effect those friendships. Until recently.
I was hired by a friend to produce a lookbook for her new line. As a friend, I offered great rates, pulled in other professional colleagues and produced a stunning set of photographs. A sample of these photos are above, the results of a full day of shooting and styling out on the beach, a shoot that had me waist deep in water, fully clothed and giving my all. A shoot that now, thanks to non payment, I can only share with you on this site with really obnoxious watermarks.
The reason I share this story is simple, it's a lesson I've learned now and a mistake I won't be making again. Always, always, work with a contract. I don't care if your client is your Grandma (well maybe that might be the exception…!) if you don't have a contract, there is no way to ensure your time, energy and creative product will be rewarded properly and when it's not, the process is emotionally exhausting and honestly a little heartbreaking.
In this particular scenario I am within my rights to pursue the client in a small claims court (according to my lawyer) thanks to some richly worded emails, however I'm not going to. Why? Because this is my art, and at this point I don't want my client to have access to these gorgeous photos. Not after everything that we have been through. In my opinion, my client is not deserving of my work, and I'm retaining my dignity and integrity by not doing this, in my own special way. Maybe it's not the best business choice but it's the choice I'm comfortable with.
Anyway, I hope you can enjoy my work, despite the watermarks, and take this whole experience as lesson for everyone in the creative industry…contract, contract, contract!
Styling and Photography: Kelsi Smith
Hair and Make-Up: Amber Ayala
Assitant: Tiara Henry
Steph says
Really gorgeous photos Kelsi! Sorry to hear this happened. My brother is a web designer and has similar horror stories… perhaps I can interest you in the blog http://clientsfromhell.net/ …?
ruchi@rgkdzines.com says
Hey Kelsi…
So sorry you had to go thru that..But I guess these moments do teach us lessons in life..Your work is absolutely amazing…Also, Thank you for your words of advice…
kater says
Ugh, that is just awful! The pictures are lovely though, so thanks for sharing them!
THE-LOUDMOUTH says
The photos are beautiful. I’m sorry that your friend wasn’t reliable! Chalk it up to a learning experience :)
The-Loudmouth.com
Twitter @theloudermouth
Valentine Blog Event
Ashe Mischief says
A sad, heartbreaking, but important lesson to learn. Thank you for sharing with us, Kelsi! I hope it’ll keep others from making the same mistake…
Sarah says
Such a disappointment. I’m sorry. :(
My dad is an artist, and he had a similar issue with a lifelong friend. She was starting up a new business venture and wanted some labels for the product. My dad went to town with creating some amazing illustrations. Right away, the product started getting popular because of these illustrations. She wanted more and more, and my dad enjoyed being creative so he kept creating. Another friend told my family that he should be getting some of the royalties on her sales. We all agreed, especially since she was profiting from HIS creativity. The minute my family mentioned a contract to her, she was angry and not having it. So my dad took back the illustrations and told her she wasn’t allowed to lose them anymore. They aren’t friends anymore either.
Now her labels are done by a different artist, but it’s basically plagiarism of the ideas he started. So dumb.
Anyway, YES contracts! Or…avoid working with friends if possible – at least no friends that you don’t want to lose as friends.
Kelsi Smith says
Thanks Steph! I’ll check it out for sure!
Kelsi Smith says
Thank you Ruchi, and you’re so welcome!
Kelsi Smith says
Thank you so much Kater – I enjoy taking them regardless of the results!
Kelsi Smith says
Thank hon’ – that it was!
Kelsi Smith says
I hope so Ashe! It was a hard lesson to learn!
Kelsi Smith says
Your poor Dad!
Plagiarism is horrible, producing something that comes from you makes it a part of you and for someone to take that…it’s devastating!
Thanks for sharing :)
Chrissi says
I am so sorry to hear this!! I too have been in a similar situation. I am also a photographer as well as a graphic designer and have felt the consequences of not having a contract. That’s why I don’t do freebies or reduced work for friends anymore. I also make them pay half up front! Currently I’ve given up on freelancing due to this happening so often, but one day when I have more free time I’ll jump into it again. For now, I just shoot photographic art outside of my day job and if someone wants to buy it, great! If not, its still a fun hobby and I can shoot whatever the heck I want to ;)
Beautiful shots, by the way. You are VERY talented!!! Its a crime for such gorgeous shots and all that time & effort to go to waste. Sucks for your friend, especially!! Shame on them.
If you want to visit my photo blog feel free!
http://www.c3dezyne.blogspot.com
Heather Fonseca says
Another thing to think about is asking for 40% or 50% up front payment from a new client. This is a pretty normal practice in my business. I always start a project with an estimate, and if it’s a new client they send me a check for half before I start. 1 – this way they know how much it’s going to cost to hire you and 2 – you’ve gotten at least a little bit of your investment back.
I know a lot of people who have gotten burned in the fashion industry. It’s just like that. Your photos are beautiful and you have a lot of talent!
Love,
Heather
http://heathersdesignblog.com/
Kelsi Smith says
Hi Lady,
Amusingly enough, I normally work 100% upfront, which was supposed to be the case here, but being a friend I made an exception when day of the shoot I got a “no money” sob story….
Thanks for the compliments sweetie!
Kelsi Smith says
Thanks Chrissi! Yeah, it sucks for the good friends though, who you do want to help out, and do pay on time!
Heather says
Beautiful work lady! I’m sorry to hear that about your client but I love that you posted her pictures and she can’t steal them :)