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 do not 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.
Typically, the first part of the contract is what I call the “unusual circumstances” section. In a nutshell, this part of the contract protects both the client and the photographer from the inevitable things that happen in life. Fires, acts of God, accidental illnesses or injuries, and equipment malfunctions are covered under 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 beyond the photographer’s control happen. This is a fair term, because let’s face it: a photographer shouldn’t be sued if they are struck by lightning on their wedding day, or if the photographer contracts some rare exotic disease.
The second part of a photography contract usually establishes the payment terms. For most photographers (except wedding photographers), payment is due in full once the photographs are completed. 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 intended to protect the interests of the photographer (to ensure you are serious about scheduling your appointment), and a refund is rarely given in the event of cancellation.
The final part of a photography contract establishes the terms of the copyright of 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 their own work. Worse yet, if the person does a poor job of editing the images, he can make the photographer’s work look bad.
Once you have reviewed the terms and conditions of the agreement, you can decide whether you want to agree to be bound by those terms. Often the terms are non-negotiable: either you accept the terms or find another photographer. Fortunately, many photographers are flexible on the terms of the contract, if term change is approached carefully. For example, if you offer the photographer additional money to free up 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 to see examples of photography contracts or to view my portfolio.
