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  4. Is it against the law to have someone who doesn't understand english sign a contract?

Is it against the law to have someone who doesn't understand english sign a contract?


12 years 1 month ago #213298 by senmar
A contract in english of course. Such as a property release or a model release etc...? Or do I have to have my contracts translated every time? I have this great French model who wants to work with me and I don't have French release forms. I had her sign the english form and give me a photocopy of her passport. I suppose it's all legal even though it was done in english and she doesn't speak a single word of english?
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12 years 1 month ago #213299 by cah87
You give her the contract, you let her find somebody translate it for her. If she just signed it without reading it (like a lot of us do even if we know the language), then it is her own fault if she does not like the outcome per the contract.
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12 years 1 month ago #213300 by senmar
So basically now that she has signed it in English she is bound to the contract no matter what, even if she claims she doesn't understand english?
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12 years 1 month ago #213302 by pobo 1654
Your best bet would be to find someone who can explain what she is signing for her and have her and the interpreter sign that she has had it explained in her language. What the law says in black and white and what a judge may do to "make it right" are not one in the same. One judge may say "too bad so sad, you signed it" while another judge may try to determine if she had the capacity to understand what she was signing and if you were aware of her level of understanding before making a decision.
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12 years 1 month ago #213309 by Baydream
If it is not too long a document, use Google Translate to convert it and sign both copies. It's easy cut-and-paste and a page would take about a minute. "An ounce of prevention...."
Shoot, learn and share. It will make you a better photographer.
fineartamerica.com/profiles/john-g-schickler.html?tab=artwork
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12 years 1 month ago #213332 by senmar
In part of my contract, I have the following..
I AGREE THAT I HAVE NO RIGHTS TO THE CONTENT, AND ALL RIGHTS TO THE CONTENT BELONG TO THE PHOTOGRAPHER. I ACKNOWLEDGE AND AGREE THAT I HAVE NO FURTHER RIGHT TO ADDITIONAL CONSIDERATION OR ACCOUNTING, AND THAT I WILL MAKE NO FURTHER CLAIM FOR ANY REASON TO PHOTOGRAPHER.

So with that being said... This should mean that she has no right to sue me for any reason what so ever. Can she still sue me?
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12 years 1 month ago #213334 by pobo 1654
Of course she can. That doesn't mean she'll win, but she can still sue. If she doesn't speak English just cover your butt by having someone go over it with her.
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12 years 1 month ago #213338 by senmar

Baydream wrote: If it is not too long a document, use Google Translate to convert it and sign both copies. It's easy cut-and-paste and a page would take about a minute. "An ounce of prevention...."


Good idea. :thumbsup:
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12 years 1 month ago #213358 by icepics
I don't know about the legal aspects of it related to photography, but in my former job working for a county agency we had to have an interpreter with us on home visits and have documents translated that the families would need to sign. The model didn't seem to have a concern but if it's not written in her language I don't know that it would be a legally binding document.

We had to have legal documents translated, but for handouts to give to parents etc. we would use Babelfish online to translate what we wrote. (Don't ask me about the name!) It's available thru Yahoo now I think.
Sharon
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12 years 1 month ago #213410 by Joves
If Utah is anything like Az then a contract between private parties can be in English, it is up to the signer to have it translated prior to signing. Place like Kali and NY will make you use their language, other place say English is the Official Language of a State. State and local governments on the other hand has the Feds saying they have to print material in many languages, if they do not then it affect the way they receive money back from them. For private individuals this does not apply.
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12 years 1 month ago #213426 by Bluespotphotography
This is something that could be a gray area. I believe ethics is more the idea. If she signs the contract and you don't explain it in french then you probably could get in some trouble.
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12 years 3 weeks ago #221620 by boriqua latina

senmar wrote: In part of my contract, I have the following..
I AGREE THAT I HAVE NO RIGHTS TO THE CONTENT, AND ALL RIGHTS TO THE CONTENT BELONG TO THE PHOTOGRAPHER. I ACKNOWLEDGE AND AGREE THAT I HAVE NO FURTHER RIGHT TO ADDITIONAL CONSIDERATION OR ACCOUNTING, AND THAT I WILL MAKE NO FURTHER CLAIM FOR ANY REASON TO PHOTOGRAPHER.

So with that being said... This should mean that she has no right to sue me for any reason what so ever. Can she still sue me?



its always safe to be careful when it comes to legal matters and contracts. better safe than sorry..anyone nowadays can sue you for anything... best to do it right from the beginning....
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12 years 3 weeks ago #221629 by geoffellis
Contract law... is particularly complicated. It really is best to seek legal counsel. There are just so many factors that can complicate things. but essentially...

In order for a contract to be valid there must be consent. To me that says she must understand the contract to be able to consent to it legally. Did you offer her time to have it translated? Did you influence her in anyway into signing it without comprehension? (eg "its alright, its just a basic contract"). Basically would a judge believe you acted in good faith.

As well, there must always be consideration in a contract. The wording in the excerpt from your contract seems ambiguous but basically, she needs to gain something as well as you for the contract to be valid. Something of value must be exchanged... eg Money for Service, Service for money, etc. You cant have a contract where you get everything and she gets nothing.

But seriously... i know it costs money for a lawyer... but a bit of money now can save a lot of money in the future. Consider it insurance.
www.geoffellis.ca
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12 years 3 weeks ago - 12 years 3 weeks ago #221631 by geoffellis
Sorry, Additionally... providing a contract that was quickly translated using a program, or a friend who speaks the language, is probably a stupid idea. You then have 2 contracts... and since youve provided her with the french version you have made that your legal "offer" to her. Now lets say that the translation wasnt as precise in wording as your original. You are now far more open to lawsuit than you were before, and you likely wont even realize that until it happens. Even if you have signed copies in both languages... any discrepancy is potential for a lawsuit.
www.geoffellis.ca
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12 years 3 weeks ago #221680 by mclayton
Ideally, there would be a translator to interpret for her. If not and she signed it, it's her decision. She knew she didn't understand the language. I would get a recording or a video of you explaining the contract to her in her language if a translator is not feasible.
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