Photography Contracts
The Important Formal Agreement
Basics of Contracts
Contracts not only provide legal protection but they set expectations for the client and photographer. Contracts also aid in quality customer service. Creatives can use it to help guide their business and offer quality and professional customer service.
Contracts don’t have to be a formal document, it can be oral or through email. Ultimately, it is an agreement between the client and creative. A formal document can be a way to organize this agreement and eliminate miscommunication and sets expectations.
The three key characteristics of a contract is:
#1 Provides Protection
#2 Sets Expectations
#3 Facilitates Customer Service
Minimum Contract requirements
Contracts mirror your communications, workflow, and makes sure your client understand what they are agreeing on. Put everything in the contract in chronological order: start with letting them know they are paying and signing for services (usually an exchange for something, most commonly is money), list work flow, timeline, and finally, payment.
Talking about contracts in person or on the phone can help clarify the agreement and offer time to ask any questions. This is good to do up front so there are no surprises or miscommunication later on. Follow up communication with a confirmation email. This establishes efficacy and eliminates any confusion. The client must understand what you they are signing or agreeing upon. You cannot trick them.
Two important requirements are:
#1 The Party Information: Identify who the party is, as well as signing the contract (state them as general client).
#2 The Must-Haves For Validity (Signature): Digital contracts and electronic signatures are valid. Do not use PDF’s, it is not convenient for clients.
Types of contracts: Contracts, Model, and Print Releases
- Contracts: as mentioned before,
#1 Provides Protection
#2 Sets Expectations (as well as payment or penalty)
#3 Facilitates Customer Service - Model release: does two things,
#1 Permission to use of images for promotional activity.
#2 Compensation for the use of their image.
*If the image is used for personal portfolio you do not necessarily need a model release. If you are soliciting business, you need a model release. People are usually concerned with where and how the images will be used, not how much they are being compensated. Most issues come from friends and family. Only adults are allowed to sign a model release, but they cannot sign for another adult without them knowing. The person on the contract should be the one paying. Also, it is smart to send a contract and model release together.
- Print releases: It is a license while retaining copy right ownership of your image as photographer. Permission to use the image, what it can be used for. Personal and commercial print license gives clients what they can and cannot do with your image. Sometimes it can be something as small as “do not crop out watermark on an image.”
Product, Payment, and Third Party Agreements
- Product delivery Agreement: meaning the client has accepted the product and understands they now have responsibility for the product. With shipping it is difficult to do this.
- Payment plan Agreement: sometimes not in original contract and can help convince the client to buy more photos; use in case by case basis.
- Third party documents: have nothing to do with client v. photographer relationship, it is more for managers, assistants, independent contractors (everything they create is owned by them).
A few third party documments:
-Intellectual property agreement: gives a company permission to own the image, logo, or product.
-Confidentially, nondisclosure agreement: helps keep privacy and provides protection of identity.
-Non solicitation agreement: cannot solicit a company’s clients or customers for his or her own benefit or to a competitor.
For more information about contacts:
- Contracts 101: https://thelawtog.com/contracts-101-overview-of-photography-contracts/
- Reasons why you should have a contract: https://thelawtog.com/top-10-reasons-to-have-a-photography-contract/
- Free Photograhy contract written by a lawyer: https://improvephotography.com/8196/photography-contracts/
