On facebook group “If you are from Milford, CT” there is a post by a father looking for a photographer to take photos of his child’s college graduation. He’s not looking for a professional, just a talented amateur/hobbyist. In the post there is no offer to pay, it’s implied doing this for the experience.

(this and Questions are from G. Greg Geiger, professional photographer)

Question 1: person with a camera makes the offer to photograph the ceremony and the parent “selecting” this person considered “hired” even if no money is exchanged?

Answer: No. You can’t have a contract for employment or of any kind without mutual consideration. Consideration can be up front or a promise but it has to be something of value provided from one party to the other. The father in this scenario provides nothing of value, so there is no contract.

Question 2: If the camera person no shows at the ceremony can they be sued for missing this “once in a lifetime” event?

Answer: This is interesting. Even though there is no contract, in reliance on the promise to show up the father did not hire anyone else to take the photos and left his own camera at home (but probably brought his phone). So if the father is disappointed that the amateur didn’t take photos for free, he could sue for his losses under a theory of implied contract based on his reliance.

Thing is though, the father has no quantifiable damages. He paid nothing for nothing. It’s ultimately a frivolous action.

Question 3: Does the person graduating, being an adult, have to give consent to be photographed for an estranged parent. i.e. “my father isn’t in my life, I don’t want him to have graduation photos!”

Answer: 100% yes the permission of the adult graduate for name image likeness should be obtained before publishing the photos. But no license is needed to give copies to the father for his private use. If the father then posts the photos without permission, that should be the father’s problem not the photographer.

Question 4: What if the person graduating states after the photography is completed that he/she doesn’t want their photos to be used on social media as marketing photos for the photographer, which was in the original terms for the serious amateur taking the photo session?

Answer: The photographer may have a complaint against the father for promising something that the father couldn’t give, but what are the quantifiable damages?

The answer is “quantum meruit”: what would it have cost the father to hire a professional to do what the amateur did in reliance on the father’s promise that the photos could be used for promoting the photographer’s business? The photographer can obtain “quantum meruit” only if they deliver the photographs. However, the father may not want to accept delivery. Too bad for the father. If the amateur photograph “tenders performance” even by e-mailing a link to download the photos, the father may be on the hook for the professional rate in lieu of his broken promise to have the adult graduate permit something that the adult graduate doesn’t want.