Photography Contract Template
A photography contract is a type of service agreement between a client and a photographer. The purpose of a photography contract is to memorialize the obligations and responsibilities of each party. A written photography contract is essential for your growing photography business. So, where do you start? ApproveMe has a few practical tips, continue reading below!
What is in the Photography Contract Template?
- This photography contract form template is a universal and customizable template to compliment your business.
- Stress less by having a user-friendly template to help you develop your own photography agreement.
- Practical tips and resources to boost your company’s productivity.
Why do I need a Photography Contract?
A written photography contract is a necessary and beneficial agreement to incorporate in your usual business practices. A written photography agreement defines the terms and conditions of the agreement. Without a written contract, it can be complicated to prove the terms the parties actually agreed to.
It is hard to imagine a dispute at the beginning of the photographer-client relationship. However, it happens. Therefore, it is critical to include all details, no matter how small, so that you are protected in the event of a dispute.
Who Needs a Photography Agreement?
If you are a new or established photographer, you should think about drafting a formal photography contract. If you are a model or client, it is also a good idea to create a contract to protect your rights. There are various kinds of photographers out there! Nowadays, a majority of photographers are freelancers, which makes a photography contract an essential business contract.
Top 7 Types of Photographers
Some photographers specialize in a specific industry. Others offer a wide variety of photography services. Here are the most common genres of photography:
- Wedding Photography – A wedding photographer specializes in capturing a couple’s special day and other wedding-related festivities.
If you are a wedding photographer, be sure to check out our Wedding Photography Contract here!
- Event Photography – An event photographer wears many hats. They can be hired for an eclectic mix of events such as concerts, proms, pageants, parties, graduations, corporate events, and much more! Sports are another popular area for photographers from a local level to the pros!
- Product Photography – Product photographers concentrate on products and are very studio-based. A photographer specializing in the product industry can develop niche areas such as capturing images of food, cars, jewelry, and much more!
- Fashion and Catalog Photography – Fashion photographers focus on photoshoots with models for clothing companies and within other realms of fashion.
- Portrait Photography – Portrait photographers specialize in capturing portraits. This is typically seen in a professional setting. Portrait photographers are retained to take headshots for individuals looking to beef up their professional portfolio or hired by various businesses to take formal photos for their website or marketing purposes. Think of billboard photos of real estate agents and lawyers.
- Pet Photography – Don’t fur-get about your four-legged friends! Pet photography is an exciting niche area.
- Photojournalism – This is another specialized area of photography to capture the news and events around the globe.
There are several other types of photography. No matter what industry you land in, a written photography contract is a must.
Check out ApproveMe’s model contract template here!
Basic Elements of a Photography Contract
A contract for photography services should be as detailed as possible. It is vital to include all agreements. Here are the essential elements of a general photography contract:
- The Parties (Photographer and Client)
- Effective Date
- Scope of Photography Services
- Payment Terms and Expenses
- Deliverable Format(s) and Due Date(s)
- Intellectual Property Rights and Ownership
- Copyright and Reproduction
- Promotional Rights and Model Release
- Cancellation Policy
- Dispute Resolution, Legal Fees, and Governing Law
- Signatures and each parties contact information
Depending on the type of photography project, the client may order prints. Digital formats may also be offered to the client. Whichever format the parties agree to should be in the written contract. It is also important to consider the type of event and potential guests. You may need to obtain photo releases from attendees or other individuals. These photo releases grant the photographer the right to use the photos captured. It is commonly used for social media marketing and advertising.
Check out ApproveMe’s Photo Release Form for Adults here!
Don’t Lose Focus!
Creating a photography contract is worth it! It is a good idea to consult with an attorney when drafting a photography agreement. Some states may have unique rules and regulations related to service contracts.
ApproveMe’s WP Esignature Saves Valuable Time
ApproveMe.com offers an abundance of resources. Most notably, our WP Esignature tool. It saves you time and money. Especially during the global pandemic, electronic signatures are safe while keeping your business going. This makes our WP Esignature Tool a valuable asset to your company.
Explore more of ApproveMe’s templates here!
Tools to Help Build your Photography Portfolio
Creating a digital portfolio is an essential part of a photographer’s business. It showcases your work and increases your chances of getting more clients. Here are some helpful resources to help enhance your portfolio:
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This Photography Contract (hereinafter the “Contract”) is dated on this _______day of ________, 20__ (hereinafter the “Effective Date”), and is executed by and between _____________________________________________________ (the “Photographer”) located at _____________________________________________________________________________________ and _____________________________________________________ (the “Client”) located at ____________________________________________________________________________________, for the purpose of setting forth the exclusive terms and conditions by which the Client desires to acquire the photography services from the Photographer.
In consideration of the mutual obligations specified in this Agreement, the parties, intending to be legally bound hereby, agree to the following:
Scope of Services. Client retains the above Photographer and the Photographer agrees to perform for the Client, certain services set forth in Exhibit A to this Contract(the “Services”). Any Service outside of the scope as defined in Exhibit A to this Agreement will require a new Agreement for other services agreed to by the Parties. The date and location of the photography event, service(s), session(s) and related event(s) and reception, are defined in Exhibit A attached hereto.
The Photographer shall coordinate with the Client on all photography matters with regard to the session and shall plan and discuss flow of the event, if applicable as it shall happen on the scheduled date. Specifically, thePhotographer shall provide the services outlined in Exhibit A attached hereto and incorporated herein. The Clients may purchase additional services in accordance with the terms and rates set forth herein. The Photographer’s responsibilities, including the media format and delivery are specifically outlined in Exhibit B of this Contract.
Terms of Payment.
The Client agrees to the following Payment Terms:
|Photographer’s Total Fee for Services|
|Additional Services (if applicable)|
*As Described on Exhibit B
|Other Fees (Describe): |
*The Non-Refundable Deposit is due upon execution of this Contract
The Photographer accepts the following methods of payment: _____________________________________________________________________________________
Payments must be mailed to:
Should the Client request any additional services not in this Contract, it shall be approved by the Photographer and placed in writing. Any additional services agreed to and additional fees that shall follow are due on the date of the Services.
Copyright and Reproduction. The copyright of the photographs subject to this Contract is always retained by the Photographer. Sale, publication, or any other commercial use is strictly prohibited without the prior written consent of the Photographer.
This provision also encompasses social media, including but not limited to, Facebook, Instagram, Twitter, and any blog or anything of the like. If a photo subject to this Contract is published it must have a caption crediting the Photographer. The Client agrees that they will not alter the Photographer’s photographs that are posted in a public manner or on the internet. The Client is responsible for any family member or friend who posts any photos subject to this Contract online and agrees that they shall not be cropped, edited or altered in any way without express permission from the Photographer.
Promotional Rights and Model Release. The Client grants the Photographer and his/her successors, legal representatives and assigns the irrevocable and unrestricted right to use and alter the material for commercial, promotional, marketing, competition or other purposes without compensation and hereby release and shall hold harmless the Photographer and his/her successors, legal representatives and assigns from all claims or liability resulting from or associated with the use of the material.
The Client agrees not to sell any of the files or prints without written permission from the Photographer. The Client acknowledges and agrees that they are singing a model release to allow the use of the photographs of the Client(s) and all other parties pictured at the event or session for the Photographer’s business purposes.
Indemnification. The Client will hold harmless and indemnify the Photographer against any and all claims and actions arising out of the activities related to the session, or resulting from the activities during the event, including, but not limited to any related events arising from this Contract.
Representations and Warranties. The Photographer represents and warrants to the Client that all Services performed by the Photographer shall be done with due diligence and according to standard industry practice.
Cancellation Policy. The Photographer’s cancellation policy is as follows: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
The Client may cancel this Contract, in writing, for any reason. If a related event and/or session is canceled, refunds are limited to unearned fees (as defined herein), funds in excess of unused or non-refundable fees and out-of-pocket expenses.
The Photographer may cancel this Contract at any time. In such an event, the Photographer must provide a comparable replacement Photographer, subject to Client’s express consent. If the Client would not like to use the replacement provided, the Photographer shall refund all monies previously paid by the Client, including the non-refundable deposit.
In the event of cancellation, the Client and the Photographer shall agree and declare in writing that this Contract has been terminated and will no longer remain in effect. All outstanding obligations of the Photographer to the Client shall be deemed void and invalid.
Termination. This Contract shall naturally terminate upon the end of services (or date specified herein), and upon the completion of the Photographer’s performance of all duties and obligations toward the Client.
No Exclusivity. The Parties subject to this Agreement understand and acknowledge that this Contract is not exclusive. Each Party respectively agrees that they are free to enter into other similar Contracts with other parties.
Confidentiality. Any and all parts of this Contract, including all attachments hereto, shall be strictly construed and considered confidential in nature. Neither the Photographer nor the Client shall have the right and entitlement to disclose any information and detail in relation to the Contract and the Services herein represented and embodied. Such disclosure shall be considered a material breach of this Contract and shall be subject to further action by the aggrieved party.
Dispute Resolution and Legal Fees. In the event of a dispute arising from this Contract, the parties agree to engage in mediation, each party responsible for their own separate cost. If the mediation is unsuccessful, the parties may pursue legal action whereby the prevailing party shall be entitled to any and all legal fees, including but not limited to attorney’s fees and others deemed appropriate by the court.
No Assignment. This Contract shall inure to and be binding upon the undersigned and their respective heirs, representatives, successors and permitted assigns. This Agreement may not be assigned by either party without the prior written consent of the other party.
Waiver, Amendment, or Modification. No waivers, amendments and/or modifications to this Contract shall be deemed valid and/or binding unless expressed in writing and agreed upon and signed voluntarily by both the Photographer and the Client.
Severability. Any invalidity, in whole or in part, of any provision of this Contract shall not affect the validity of any other of its provisions.
Force Majeure. The Photographer and any of its employees or agents shall not be in breach of this Contract for any delay or failure in performance caused by reasons out of its reasonable control. This includes, but is not limited to, acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Photographer.
Nature of Relationship. The relationship created and embodied in this Contract is of Service Provider (the Photographer) and Customer (the Client). No provision in this Contract shall constitute an understanding that the relationship of both parties is by nature employer and employee.
Applicable Law. This Contract shall be governed by the laws of the State of ______________ applicable to Contracts negotiated, executed and performed wholly within the State of ________________.
Counterparts. This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Contract delivered by facsimile. email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Contract.
Electronic Signatures. This Contract and related documents entered into in connection with this Contract are signed when a party’s signature is delivered electronically, and these signatures must be treated in all respects as having the same force and effect as original signatures.
Captions. All marginal headings and numbers to the articles, sections, and subsections in this Contract are for the sole purpose of convenience of reference and shall not in any way affect the construction or interpretation of this Contract.
Entire Contract. This Contract constitutes the entire Contract by and between the Photographer and the Client, and supersedes all prior communications, understandings, representations, and Contracts, either written and/or oral, with respect to all matters covered in the Contract.
[Signatures on Following Page]
IN WITNESS WHEREOF, the undersigned have executed this Photography Contract effective as of the ____________ day of ________________, 20__ (the “Effective Date”).
Dated: _____________________________ Dated: _______________________________
Photographer’s Printed Name or Entity
Client’s Printed Name or Entity
Photographer’s Contact Information:
Phone Number: _________________________
Email Address: _________________________
Client’s Contact Information:
Phone Number: _________________________
Email Address: _________________________
The Photographer agrees to provide the following services:
The Photographer is entitled to reimbursement of the following expenses incurred while performing such services:
*The Photographer agrees that any expense not listed must be pre-approved by the Client. The Photographer agrees to provide any receipts of any other related document to such expenses.
|Estimated Number of Guest (if applicable):|
|Name of Event:|
|Name and Location of Event:|
|Other Session Details:|
The Photographer shall perform the Services and deliver the Photographs to the Client in a timely manner in the formats and media, and to the address, set forth pursuant to the terms listed below:
Format/Media for Delivery:
- The Photographer will deliver the photographs to the Client in the following format(s):
- The Photographer will deliver all the photographs:
[ ] Digitally to ______________________________________________________________
[ ] Physically to _____________________________________________________________
[ ] Other to ______________________________________________________________
Final Due Date: __________________
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