5 Clauses Your Photography Contract Needs
Having a Client Agreement for your Photography business is essential to ensure expectations are met and that there are no surprises prior to the shoot. This contract serves as a summary of what each party will deliver to avoid any confusion right from the start!
There are 5 key clauses that we think every good Client Photographer Agreement should have to ensure duties and expectations are clear and both parties have legal protection.
1. Location and Scheduling
Photoshoots are often location-dependent, so including location and scheduling details within your contract is essential. It’s likely that your locations will vary between a rented space, outside location, or even your own studio space. Make sure that you’re not expected to drive across the country to get the perfect shot for your client or at least not without stipulating the appropriate costs for doing so!
Additionally, it’s crucial to include the length of the shoot under the scheduling clause. For instance, Is the 8 hours of wedding photography 8 hours uninterrupted, or 8 hours scattered throughout the day and inclusive of the event itself? This is the place where you need to make it clear what is expected of you and your services.
2. Artistic Style Release
An Artistic Style Release clause, also known as a Creative License clause is specifically designed to help protect you as an artist and the stylistic choices you make when shooting. The inclusion of this clause means that the client will not be able to reject your work or withhold any payment on the basis of style or aesthetics alone, providing further clarity about the services. The client has chosen you based on your style and previous work, so they should be expecting a similar outcome with their photos as well, but just to have that added layer of protection, an Artistic Style Release clause is a must!
3. Limitation of Liability
Limiting your liability is a pretty standard entry into any contract nowadays, and it shouldn’t stop with photography contracts! It’s all about protecting yourself in the event of damages or injuries while completing your shoot(no matter how unlikely).
4. Force Majeure
Putting a ‘big pandemic clause’ into your contracts a few years ago might have just seemed unnecessary and outlandish, but oh how things have changed! Now a Force Majeure clause is just as essential and common as a limitation of liability. This clause will allow you to cancel a shoot for any reason resulting from what’s formally known as an ‘act of God’. Examples of an act of God are, but are not limited to, things like natural disasters, war, pandemics, or terrorism.
5. Loss of Design
It’s tragic when it happens, but sometimes photos are lost and files are damaged to the point of no return. As the photographer, make sure you are including a clause in your contract that sets out exactly what the plan is in the event there is a loss of files. You should be thinking along the lines of rescheduling, partial refunds, or no refunds at all, if that’s what you intend on offering to the Client.
All of these clauses are found within the Contracts for Entrepreneurs Primary Photography Agreement and you can find a separate Waiver of Liability for Photography here!
Want to learn more? Check out our other blog post on Photography: The In’s and Out’s of Your Photographer’s Copyright Clause.
We hope you found this helpful and would love to know what you think! Follow us @contractsforentrepreneurs to keep up to date on all blog releases
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