Disclaimer: this is not legal advice, if you have a specific situation with legal implications, you should consult a qualified labor, contract or intellectual law attorney.
Table of contents
- General overview on contracts
- Contact information
- Scope of work
- Remuneration
- Liability
- Usage rights
- Non-disclosure agreements
- Appendix
General overview on contracts
Contracts for photographers are essential legally-binding documents that define all parameters for a commercial photography project. They protect both parties and establish a trustful professional relationship between the photographer and client.
Contracts should be written in a clear, concise language, avoiding ambiguous or vague terms. While certain standard provisions should always be included, specific terms and conditions are largely circumstantial and depend on multiple factors. This variability means that a single, universal photography contract isn’t practical or advisable.
All terms and conditions within a photography contract are open for negotiation before the document is signed. This negotiation phase is a critical part of the process, allowing both the photographer and the client to discuss, clarify, and agree on specific details that will govern their working relationship. It’s an opportunity to address any concerns, adjust expectations, and ensure that both parties are satisfied with the agreement.
Never start working without a signed contract. Starting work without a signed agreement leaves you vulnerable to misunderstandings, scope creep, payment disputes, and potential legal issues. Having a client refuse to sign a written agreement after the detailed discussion of the terms and conditions is a major red flag.
For clients, a red flag is when a photographer offers a contract before discussing terms and conditions. This approach can signal inflexibility or a lack of willingness to tailor services to the client’s specific needs. A professional photographer typically engages in a discussion about project requirements, expectations, and potential challenges before presenting a contract.
Contact information
The first section of a contract should be used for the identification of the photographer and the client, it should include full names, business names (if applicable), physical addresses and other contact information (telephone numbers, email addresses). This ensures that there is no ambiguity about who is fulfilling the contract and can help prevent misunderstandings or delays due to communication breakdowns.
The clear identification of the photographer and client in the contact information section establishes a foundation for the contract’s terminology. Throughout the document, instead of using specific names, the parties are referred to by generic terms such as photographer or freelancer for the service provider, and client or agency for the hiring party. This consistent naming convention simplifies the contract language and ensures clarity in describing the terms and conditions for both parties. It also allows the contract to be easily adapted for different clients without extensive rewording.
Scope of work
A crucial section outlines the services and deliverables that the photographer will provide. If this section covers too much information, it can be expanded upon in a contract appendix.
Essential elements that should be included in this section are:
- Project description: this can include the type of photography (e.g. architectural, editorial, event, documentary, portrait, etc.), photography style and purpose, and any specific requests by the client.
- Dates and times: this will provide an overview of the timeframes when the photography services are provided, including location scouting, shooting session and post-processing duration, delivery deadlines and revision periods.
- Locations: exact addresses and designating who is responsible for necessary permits and entry fees.
- Equipment: it is not necessary to list every used piece of equipment and their technical specifications, just mentioning if additional equipment needs to be rented or who is responsible for providing necessary decorations, backdrops and props.
- Post-processing: details on the post-processing work, including the extent of editing, retouching, and color correction that will be performed on the images. Setting a minimum technical standard for the images is important, as well as defining the number of revision rounds.
- Deliverables: a comprehensive list of the final deliverables, including the number of edited images. This should specify how many versions of images will be made available, their resolution and format, and whether intermediary or project files will be included. Additionally, the medium through which the deliverables will be transferred should be specified.
- Additional details: this should include who is responsible for model booking, assistants, travel, accommodation and any other details related to organization.
By specifying the services and deliverables in detail, the scope of work helps prevent scope creep, where the client requests additional services beyond what was initially agreed upon. Any changes or additions after the contract is signed can be negotiated and documented separately.
Remuneration
This section should include all fees and expenses related to the provided services. A good practice when it comes to this section is to send a budget proposal to the client before setting the contract up, as this allows for any adjustments and ensures both parties agree on the costs.
A budget proposal is a non-binding document, it is not an invoice and is subject to the client’s approval. It outlines all anticipated costs for planning, designing, and executing a photography project. The proposal should detail the photographer’s preferred rate (per image, flat fee, hourly, or daily), as well as any additional expenses such as hiring assistants, models, secondary photographers, equipment rental, transportation, accommodation, and licensing fees.
Once the budget proposal is approved by the client, it can be converted into an order confirmation, which is binding and should be attached to the contract appendix. By attaching it to the contract, both parties ensure that the terms of the budget are officially documented and enforceable.
The payment terms of the contract should include cancellation fees, specifying the applicable time window for such fees, as well as details on the payment process, any required deposits, and relevant banking information.
It is also important to include a clause stating that any additional services or expenses not outlined in the contract, and not related to liability, must be agreed upon in writing before being incurred.
Liability
Liability clauses typically outline who is responsible for various unforeseen risks associated with the project. These risks are linked to both parties and include: property damage, copyright infringement, professional negligence, breach of contract, cancellation and rescheduling. In some cases, a disclaimer of liability is possible, but is not ideal, because extensive disclaimers can be seen as an attempt to avoid all responsibility, leading to contract disputes or reluctance to sign.
Personal injury is a significant liability issue. Photographers may be held responsible if their actions or equipment cause injury to a client or guest. If a photographer is injured due to unsafe conditions at a shooting location, the client may be liable. To mitigate these risks, many photographers include clauses that limit their liability for injuries and require clients to maintain safe shooting environments.
Liability clauses in photography contracts should be reasonable and balanced, because overly broad or one-sided liability waivers may not be enforceable in court.
Usage rights
When it comes to usage rights in a photography contract, the fundamental principle is that the photographer retains the original copyright, while the client is granted a license to use the images. More information about copyright can be found in our article.
Licenses can be either non-exclusive or exclusive.
Non-exclusive licenses allow the client to publish and use the images for promotional purposes without the right to sell them to others. This type of license is less expensive than an exclusive license and permits the photographer to sell the images to other clients.
Exclusive licenses grant the client additional rights to the images, preventing the photographer from selling them. This license type is more restrictive for the photographer and comes at a premium price. The terms and conditions for each license type need to be clearly specified.
When drafting the conditions of the usage rights it is important to be as specific as possible. Each type of use should be explicitly stated, such as print advertising, promotional or informational materials, web advertising or social media campaigns. Geographic and time limitations are also important and need to be clearly defined.
It is also important to include clauses about the modifications to images, allowing or restricting the client to crop, retouch or otherwise alter the photos. While the photographer retains the original copyright, he must be named as the photograph’s author wherever possible.
When delivering images, the photographer must assure the client that he is the owner of the image rights; that means all images are free of any third party’s rights, either by properly licensing source images, receiving the necessary authorization from copyright holders (e.g. in countries that restrict freedom of panorama) or by using model releases (property releases for locations). This assurance is crucial to protect both the photographer and the client from potential legal issues related to copyright infringement.
Non-disclosure agreements
Abbreviated as NDA, a non-disclosure agreement is designed to protect sensitive information and maintain confidentiality between the photographer and their client and can be included in a photography contract.
Photographers signing NDAs are often required to keep all aspects of the project confidential until the client gives explicit permission for disclosure. This can include refraining from sharing behind-the-scenes footage, posting sneak peeks on social media, or discussing the project with colleagues or other potential clients.
An NDA in photography contracts is not just for the benefit of the client. They can also protect the photographer’s creative process, proprietary techniques, or unique artistic vision.
When negotiating photography contracts that include an NDA, it is essential to ensure that the terms are fair and reasonable for both parties. Breaching an NDA can have severe consequences, potentially resulting in legal action, financial penalties, and damage to the professional reputation.
Appendix
Appendixes for photography contracts serve as supplementary documents that provide additional details related to the main agreement. The main contract should still contain all critical terms and conditions, with appendixes providing project-specific details.
Model releases, property releases, order confirmations, licensing information and technical specifications for deliverables can be attached as an appendix, as long as they are clearly referenced in the contract.