Nowadays, it’s hard to do anything without getting sued, and this is especially true in the photography business. As a photographer, I have to use contracts to protect myself and my clients. However, sometimes my clients don’t see the need for a contract. Simply put, most people don’t fully understand the terms of a photography contract and what they are actually signing. This short article is a general guide to the most common contract terms and what they mean to you.
Usually the first part of the contract is what I call the “unusual circumstances” section. Simply put, this part of the contract protects both the client and the photographer from the inevitable things that happen in life. Fire, acts of God, accidental illness or injury, and equipment malfunction are covered by this part of the contract. Basically, what this part of the contract (especially used in wedding photography contracts) says, is that the photographer is not responsible (except for a full refund) should something happen beyond the photographer’s control. This is a fair term, because let’s be real: a photographer shouldn’t be sued if he is struck by lightning on the day of the wedding, or if the photographer contracts some rare exotic disease.
The second part of a photography contract usually sets out the terms of payment. For most photographers (except wedding photographers), payment is due in full once the photos are complete. For wedding photographers, payment is usually in full on the day of the wedding. Also, a deposit will usually be required to book an appointment (for wedding photographers). This is meant to protect the interests of the photographer (to make sure they are serious about scheduling your appointment), and a refund is rarely given in case of cancellation.
The final part of a photography contract sets out the copyright terms for the images. Sometimes a photographer may assign duplication rights to the client, but the actual copyright is rarely (if ever) released. The reason for this is that the photographer does not want someone else to edit the images and then publish them as her own work. Worse still, if the person does a bad job editing the images, he can make the photographer’s work look bad.
Once you have reviewed the terms and conditions of the contract, you can decide if you want to agree to be bound by those terms. Often the terms are non-negotiable: either you agree to the terms or you find another photographer. Fortunately, many photographers are flexible on contract terms, if the term change is approached carefully. For example, if you offer the photographer additional money to unlock the ability to create prints of the images produced, many photographers will agree to those terms. However, on rare occasions a photographer will waive the protection offered by a contract (such as liability protection or copyright protection).
I sincerely hope that you have found value in this article and that it has helped explain the most common terms of a photography contract. Feel free to visit my website below for sample photography contracts or to view my portfolio.