Client Contracts and Why Professional Photographers Use Them

If you have booked and are still booking photo-shoots without contracts, you need to read this! A simple client contract protects both the photographer and the client and one should always be signed when booking the shoot or at the very least when they arrive on location for their photo shoot.

In my blog about Model Release forms, I mentioned that if you go to any professional photographer, they will have you sign a contract that talks about appointments and cancellations, how long they hold onto the digital copies, what you as a customer can do with the images and sometimes it includes what they as a photographer can use your images for. Most people don’t bother to read their contracts and rarely know what the details are of what they sign. In general, we trust the person we are working with to inform us if there are any things we need to know.

A client contract is a legal document between the client and the photographer and its purpose is to clearly set the rules for your interaction.

It explains what is acceptable by both parties and how conflicts will be resolved. The goal of using a contract is to eliminate most misunderstandings and give expectations on how any potential issues will be handled. Contracts don’t need to be miles long and full of legal phrases that cannot be understood.

I started my business years ago with a very basic contact and then switched to a simple client agreement.

What I use now is based off this simple client agreement contract and modified to fit the specifics of my business. (Please remember to have a lawyer review any contracts you use as laws do vary from city to city and state to state and I cannot guarantee what I am using is in accordance with laws and binding in your area)

Do you have to use/sign a client contract?

The simple answer is no, however, the lack of a contract leaves both parties vulnerable to the “he said, she said” issue of miscommunication and possible legal action.

Here are some items included in the contract I use:

Age of consent

Person contracting my services must be over 18 years old and legally responsible for the transaction. If a minor I having their picture taken, a parent or guardian must sign both the contract and the model release.

Payments

Refers to deposits, session fees, forms of acceptable payment

Proofs

Discusses the number of images to be provided, who decides which images are shown and policy regarding untouched images

Pricing and Tax

Describes what is subject to change and what type of tax will be added to service and product orders (dependent on state regulations)

Session Times, CANCELLATIONS and rescheduling

If deposits or fees are due, refunds, rescheduling requirements and fees, “force majeure” cancellations, etc.

Copyright, Photo Use in Marketing and Advertising, and Privacy are also covered in the contract along with multiple other important items. Limit of Liability, File Storage, Photo Editing, and Wardrobe and Styling are also topics that are covered in this form.

I hope this post helped to clarify what a client agreement contract is used for, when you need one (ALWAYS!!) and that this is for the protection of both the client and the photographer.

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If you have any questions about this article or ideas for other topics you would like me to write about, please comment below or Contact us from our web page.

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