Event Photography Contract Information
An event photography contract template is made available for assistance to photography businesses big and small, desiring to obtain a photographer to take pictures on-site at a wedding, anniversary party, child’s birthday party, etc. or remotely from your own studio. If you’re specifically looking for a wedding photography contract, we’ve got you covered here.
Events at which clients request photographs are generally important events in their lives. They desire to have professional and lasting memories. An event photographer can allay one element of stress on that day. By doing work on the front end, the event day can be enjoyable for the client as well as the photography company knowing that terms are clear and understood by both parties.
Some key points of a photography contract are event date, location, payment, and delivery of photographs. Be sure to cover these important elements. Of equal importance is the expectation of what photographs and what quantity of photographs the clients can expect. A detailed explanation of the photograph package should be included in the contract…each item the client can expect and exactly what quantity of certain size photographs the client can expect. Other elements are date(s), venue, cancellation, copyright and reproduction of photographs.
One contractual element to be especially clear on is payment and cancellation. Outline payment, payment dates, cancellation terms, and cancellation dates to avoid any misunderstanding. Be aware that many folks believe cancellations can be made at the last minute as long as they give reasonable notice. Photography is slightly different when the operation is a single photographer and may have turned down other work on that particular date. The client should understand that they need to cancel prior to a certain deadline to avoid full payment of the contract.
If you desire to use your client’s pictures in promotional material, try to avoid using minors in those photographs (unless you are photographing a family event…in which case caution should still be taken when disclosing any information). If you want to use a minor for promotional materials, you must get a release from the parent(s). If any individual does not expressly tell you to not photograph them, they are generally giving their consent to be photographed by knowingly staying at the event where a photographer is present. However, again, minors are a different matter and should be treated with the utmost of protection and caution.
As to event location/venue, do not put yourself in a position to take photographs in an unsafe manner or area. If large parties are to be photographed, remember there may be weight considerations on older items such as docks, decks, and various other structures. Any desired photograph that is prohibited by the location/venue should be negotiated prior to take photographs and negotiated by the client and not by the photographer. You’ll also likely want to think about costs or considerations around retouching of photos, and if that may be needed or requested, and whether you’ll be provided digital images or proofs from the photo shoot, or if you’re requested to provide physical printings to complete the package.
A pre-event consultation is always a good idea in order to obtain an understanding of what a client might want and is looking to memorialize. Important activities (cake cutting, bouquet throwing, etc.) should be made aware to the photographer prior to the beginning of the particular activity in order for the photographer to be properly positioned for the best photographs.
Another good question to ask or be aware of is if you’ll be the exclusive photographer for the event or if others may be present or welcome as well.
Reminder: it is best to amend the contract should any changes be agreed upon. Again, this avoids any misunderstanding…especially as the day of the event gets closer.
A secure method to get an agreement signed is online. Online signatures of the parties are legally binding. This is a convenient way to expedite the process and eliminate stress for both you and the client.
You can use ApproveMe.com to ensure you have a legally binding signature.
Marketing. If you have not already, be sure to market your business. Many social media sites are user friendly and can get your name and business out there to geographic locations and groups. Show off your amazing work on popular sites like Facebook, Instagram, and Twitter.
Invoicing. Depending on the size of the company, invoicing software might be considered for easy tax reporting. Below are helpful links to investigate:
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EVENT PHOTOGRAPHY AGREEMENT
This Event Photography Agreement (the “Agreement”) is entered into and made effective this ____ day of _______________, 20___ (the “Effective Date”), by and between John and Jane Doe, with a mailing address of 1234 Heartland Drive, Anywhere, State 12345 (the “Client”) and Photo Company, LLC, with a mailing address of 123 Main Street, Somewhere, State 54321 (the “Company”). The Client and the Company shall collectively hereinafter be known as the “Parties,” where applicable.
DESCRIPTION OF SERVICES. On [insert date], the Company will provide photography services to the Client (the “Services”). OR Beginning [insert start date] until [insert end date], the Company will provide photography services to the Client (the “Services”). The Company will take photographs of [insert event – for example, the Client’s 25th wedding anniversary] located at [insert venue, city, applicable event information] from [insert hours] (the “Event”).
PERFORMANCE OF SERVICES. The Company agrees to take photographs as per the Client’s specific and reasonable instructions and will strive to create professional photographs as keepsakes. The Company agrees to use high-quality digital equipment and materials to meet the Client’s expectations for both print and media photographic uses. Although every possible care will be taken by the Company to produce photographs of important and special moments at the Event, the Company cannot place an unconditional guarantee on same. The Company cannot be held responsible for any ruined photographs due to guests’ (or any other) flashes or any other ruined photographs due to causes beyond the Company’s control.
**ADD IF APPLICABLE**
PHOTOGRAPHER. The Company shall assign a photographer from its staff exclusively for the Event. If necessary, and at the sole discretion of the Company, assistants to such photographer may attend the Event. The Company reserves the right to change any photographer assignment and substitute another staff photographer at any time due to illness or other emergency. Should the Event be scheduled for longer than [insert amount of time – for example, four (4) hours] hours, the Client agrees to provide the photographer and any assistants with a modest meal during the Event.
PAYMENT. A total fee in the amount of [insert fee amount – for example, Five Hundred Dollars ($500)] shall be paid by the Client to the Company, according to the following schedule, for payment of the Services. A nonrefundable deposit (“Reservation Deposit”) in the amount of [insert dollar amount or percentage of total fees] is required at the time of Agreement signing and shall not be refunded for any reason except for those situations outlined below under LIMIT OF LIABILITY. The remaining balance (“Outstanding Balance”) shall be paid no later than two (2) weeks [or other time period] prior to the Event. Payment shall be in the form of cash or personal check (or as otherwise agreed to by the Parties) to the address of the Company stated herein.
The Services shall be rendered during the times indicated above in DESCRIPTION OF SERVICES. However, should the Client desire a longer period of time for photographs to be taken (“Additional Services), the Company may, in its sole discretion, accept such Additional Services subject to an hourly fee of [insert hourly fee] payable to the Company at the conclusion of the agreed upon Additional Services time period. Should such Additional Services not be paid at the specified time, the Company shall not release any photographs until all fees are paid by the Client.
PRE-EVENT CONSULTATION. The Parties agree to a pre-Event consultation (whether in person or by telephone) in order to finalize the actual location, photography times, and any specific photographs the Client wishes to have the Company reasonable obtain. The Client will be responsible for identifying, or have someone designated to identify, people of whom specific photographs are desired. The Company will not be accountable for not photographing desired people if there is no one designated to identify and/or gather those individuals for photographs.
COOPERATION. The Parties hereby agree to cheerful and pleasant cooperation and communication for the best possible result of the Services. It is recommended by the Company that the Client designate an individual who knows most of the attendees of the Event and can assist the Company with identification of key individuals as requested by the Client. The Client agrees to give the Company sufficient notice of key activities during the Event for photographic purposes. If lack of sufficient notice is given, the Company will not be held accountable for photographs not taken of such events. Additionally, the Client should be aware that not all individuals like having their photographs taken. In such case, the Company will use their discretion in taking photographs and cannot and will not be held accountable for a lack of photographs of certain individuals.
PHOTOGRAPH PACKAGE. The Client has elected a photograph package that allows the Client to receive the following: [insert elements of photograph package – for example, a disc containing photos, number of 8×10 prints, 5×7 prints, etc….include all that the package contains to eliminate any question when final product is released]
• Disc containing all released photographs of the Event
• Four (4) 8×10 photographs in matte finish as designated by the Client
REPRINTS. If a disc of the digital photographs is not part of the agreed package, reprints (or additional prints) of the photographs may be ordered by the Client through the Company via an online photograph gallery [or by telephone] at listed prices.
CANCELLATION. As stated above, the Reservation Deposit is nonrefundable. A minimum of [insert day for notice – must be more than the time determined for payment of the Outstanding Balance] days’ notice is required to cancel the Agreement and to avoid payment of the Outstanding Balance. Any cancellation made less than [insert cancellation time] prior to the Event will result in full payment by the Client. If the cancellation is the result of the Company, all funds paid to the Company by the Client will be refunded to the Client, including the Reservation Deposit, within [insert number of days] days following cancellation by the Company.
MODEL RELEASE. The Client hereby assigns the Company an irrevocable and unrestricted right to use and publish photographs of the Client or photographs in which the Client is included for editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter same without restriction; and to copyright same. The Client releases all claims to profits that may arise from the use of any images.
Should minors appear in any photographs that the Company wishes to use, the Company will seek release from the minor’s parents through the Client. If such release is granted, the Company will use its highest discretion, ability, and control to ensure that no personal information is released of such minors. However, should such personal information become public knowledge through no intended fault of the Company, the Company cannot be held liable for release of such information.
VENUE AND LOCATION LIMITATIONS. The Client acknowledges and agrees that the Company shall be limited by the rules and guidelines of the location/venue. The Client accepts the technical results of such limitations. Any desired flexibility of location/venue rules and guidelines shall be subject to negotiation solely by the Client with the location/venue management; the Company shall offer technical recommendations only.
PERMITS. The Client is responsible for acquiring any and all permits and necessary permission for all locations on which the Company shall be performing the Services.
COPYRIGHT/ WORK PRODUCT OWNERSHIP. The copyright of photographs remains with the Company. The images taken by the Company are for the personal use by the Client and their associates and/or friends and relatives. Sale, publication, or any commercial use of the photographs is not allowed without prior written permission from the Company.
LIMIT OF LIABILITY. In the unlikely event that the Company is unable to perform the Services due to an injury, illness, act of God, act of terrorism, flood, war, government laws and/or regulations, and/or other conditions beyond the control of the Company, the Company will make every effort to secure a replacement. If the situation should occur and the Company is unable to secure a suitable replacement, responsibility and liability is limited to the return of all payments received for the Event.
In the unlikely event that the digital files are stolen, lost, or destroyed for reasons beyond the Company’s control, including but not limited to camera, hard drive, or equipment malfunction, the Company’s liability is limited to the return of all payments received for the Event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.
POST PRODUCTION AND EDITING; COMPLETION OF FINAL PRODUCT. The final post production and editing styles, effects, and overall look of the photographs are left to the discretion of the Company and its professional opinion. The entire editing process, from conclusion of Event to release of final product, can take up to [insert time expected – for example, 6-9 weeks], at which time the Client will receive the final product as specified in the PHOTOGRAPH PACKAGE section above. Please note that the Company is not liable to deliver every single photograph taken at the Event. The determination of photographs released and delivered to the Client is left to the sole discretion of the Company.
SEVERABIILITY. If any provision of this Agreement is held to be invalid or unenforceable under the law, the validity of this Agreement as a whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect.
ENTIRE AGREEMENT/AMENDMENTS. This Agreement has been freely negotiated and contains the entire understanding between the Parties for the Services outlined herein. This Agreement supersedes all prior agreements, representations, or understanding (whether written, oral, implied, or otherwise) between the Parties. These terms may not be amended or modified except by an express written agreement between the Parties.
APPLICABLE LAW. This Agreement shall be construed and governed by the law of the state of [insert state of Company location] without regard to principles of conflicts of law. Any court action to enforce this Agreement, or relating to or arising out of this Agreement or the Services as provided by the Company, shall be brought in a court of competent jurisdiction in the County of [insert county of company], state of [insert state in which company is located]. Each party to this Agreement shall bear their own attorneys’ fees.
HEADINGS. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of any provision of this Agreement.
COUNTERPARTS; FACSIMILE/ELECTRONIC SIGNATURES. This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. Any electronic signature shall have the full weight and authority as an original signature on this Agreement. Additionally, any signature page delivered electronically or by facsimile shall be binding to the same extent as an original signature page with regards to any agreement subject to the terms hereof or any amendment hereto.
By signing below, the Parties acknowledge that they read and understood the terms contained herein. The Parties hereby agree to the terms of this Agreement.
PHOTO COMPANY, LLC
JOHN AND JANE DOE
***add signature line for each party to the agreement***
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Frequently Asked Questions and Resources
What is a contract?
Contracts are defined as written or spoken agreements which are enforceable by law. They can cover any topic or industry, whether sales, tenancy, employment, or otherwise (source).
What are the different types of contracts?
There are many different types of contracts, as defined by upcounsell, those for fixed prices, employment, lump sums, time and materials, unilateral or bilateral contracts, simple contracts and more. Each has its own specific terms, and can either be oral or written and some are non-negotiable (like adhesion contracts) while others have room to be adjusted or amended.
What makes a contract different from an estimate, quote, bid, or proposal?
Mainly contracts are set and finite and legally binding, whereas estimates, quotes, bids, and proposals are possibilities which can be accepted, rejected, negotiated, or ignored altogether. The key difference is that often a bid or proposal will contain terms and conditions that can be signed by the requestor and turned into a contract (source).
What should I include in my contract?
Every contract is comprised of no less than two core components: clearly outlined terms and signed agreement between two separate parties. For more information, read our 12 clauses you should include in every contract.
How should I write an effective business contract?
Contract creation can be challenging, in most cases getting legal counsel is advised to ensure it will be legally enforceable should you require that. Essentially you need basic terms which should be abided by, and an agreement on what product or service is to be provided, to whom, by whom, and what will be tendered with specific terms (such as deadlines, or how the delivery will be completed). For more tips, read our beginners guide to contract writing.
What is the difference between a contract and an agreement?
An agreement is any understanding or arrangement reached between two or more parties. A contract is a specific type of agreement that, by its terms and elements, is legally binding and enforceable in a court of law, according to Diffen.com.
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