Wednesday, July 18, 2012

The Contract

Couldn't sleep so just thought of posting the contract we signed with him. By the way, i think he does not have a biz registered number stated on his website nor namecard. I can't find his name under ACRA too. Can anyone advice if he is not a registered company, is the contract still valid and also is it legal for him to collect any payments from clients? If i remember correctly, he did told us he registered his company. Oh and is this contract recognized legally?


  1. Hi - if not able to find through ACRA then mustn't be registered. If he's providing services for money but not registered, then I believe he's not operating legally.

  2. If you can't find his biz under ACRA, it's likely he's not a registered biz but a freelancer. Yes the contract is still legally valid, and yes he can accept payment.

    However, if he failed to fulfill the terms in the contract, you can withhold payment and even take out a civil suit on him.

    If he claimed to be registered with ACRA but is not, this is a form of misrepresentation.

    Advice: bring the matter to CASE first before going to court.

  3. Please exercise your right to "mitigation of damages" by with-holding payment until the court, or your choice of mediation has resulted in a decision. Note that he has no right to pursue payment in the circumstance that he has not performed satisfactorily, or as promised.

    In Singapore, verbal promise is legally binding. Furthermore, he only stands to lose if he has lied about being registered on ACRA. Ask for his registration number, and if he fails to comply, have him discuss the matter on small court.

  4. hi, Sorry to hear about your story. If CC photography is not register, self proclaim, your contract might not be valid. CC photography is self proclaim, nobody can pin point who the actual owner of the company and you got nobody to sue(If Im not wrong). Besides your contract to bias against the photographer, copyright should belong the client, you are only paying for his service. specially contract 10,you dun wish to see your photo print out 2m long and hang outside somebody shop. If you hire a freelance,they would include their full and nric to validate the contract. Verbal promise might not work if he "flip" his words.sorry,about your photo still might be able to salvage if you hire a good editor.

  5. Just to clarify - the attached link You will find the 'Business Registration Act' - freelance photographers are NOT exempt from registering a business with ACRA - especially so if they are promoting their services for sale.

    Unfortunately the iPhone won't allow me to copy and paste the link - just go to and search "business registration act" - select "business registration act (chapter 32).


  6. it really doesn't matter if he is registered or otherwise. if he isn't, he made the contract in his personal capacity - which is good for you because you can pursue this matter against him personally and go against all of his personal assets.

    the only effect of not registering a business is that HE is unable to sue on the contracts which he purported to enter on behalf of his business.

    in my experience as a practising lawyer, the easiest way to shake him down is to send a lawyer's letter of demand.

  7. You can pursue the matter with this contract signed.

    Good that you have this copy still with you. a lot of amateur free lance photographer wouldnt even dare to mentioned about contracts.

    and the ACRA thingy he mentioned. I think he is just saying that to make himself sound legit. anyway, consult a lawyer if you may but from a photog point of view, yes we are hold liable on cases like this.

  8. Ownership of Copyright

    12.1.5 The general rule is that the person who created a work is the owner of the copyright in the work. However, another person is the owner if

    • the copyright was assigned to that person; or
    • the work was created by the creator in the course of his employment by that person.

    12.1.6 Additionally, if the person who created the work

    • was doing so in the course of his employment as a journalist or a writer for a newspaper, magazine or periodical or under a contract of service or apprenticeship, the proprietor of the newspaper, magazine or periodical would be the owner of the copyright, but only for the purpose of publishing or reproducing the work in the newspaper, magazine or periodical;
    • is a photographer or artist engaged to take a photograph of a person or to draw the portrait of a person, the person would be the copyright owner and he has the right to prevent the photographer or artist from using the photograph or painting for any purpose that he has not agreed to.

    His attempt to limit liability and even exempt himself from all liabilities is too onerous to be incorporated into the contract, this term can be made invalid. Given that CC attempted to exclude and/or limit his own liability towards the clients yet imposes the payment of damages in the form of deposits and all paid sum in the event of a breach of contract or even the cancellation or postponing of the wedding event, this clearly displays CC's intention to reduce or exempt his own responsibilities yet attempting to increase the liabilities of his clients.

  9. IMO, this is what you have agreed with Caleb Cheong. Agreement is still an agreement! That's why it is very important for the clients to choose photographers, and photographer to choose clients..

    Another CC in Malaysia who is not Caleb Cheong.

    1. If you are not agree with the terms in the agreement, why signed it and regret now, and find ways to break the agreement??

      Please stop using "CC". use his fullname instead!

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  11. The difference between a good photographer and a bad one? You never see the good photographer’s bad pictures. LOL

  12. Hi..As far as I know, as of current, there's nothing in the law that states that freelancers need not register their business. As long as the trade carried out is for purposes of gain and profit, they would have to register their business. Persons who are exempted from registration are stated under Section 4 of the Business Registration Act, Cap. 32.

    And there is a clause in the business registration act that says that the rights of the unregistered person under or arising from a contract will not be enforceable. -s21 of the Business Registration Act.

    Disability of persons in default
    21.—(1) Where a person required to be registered under this Act —
    carries on business without being registered under this Act to do so; or
    fails to furnish any information required under section 14,
    then the rights of the defaulter under or arising out of any contract, in relation to the business carried on by the defaulter in respect of which there is no valid registration or there is non-compliance with section 14, made or entered into by or on behalf of the defaulter at any time while he is in default shall, subject to subsection (3), not be enforceable by action or other legal proceedings either in the business name or otherwise.

    Hope this helps.