Photos are immortal. Is there a better way than photography to reminiscence over your old memories, capture the precious life moments, promote your products, or obtain amazing job offers if you are a model, and whatnot.
If you are out in the market looking for an amazing photographer, or if you are a photographer already and are about to finalize a deal – it is likely that you will need a photography contract down the line.
So, what is a photography contract, and what all should it cover? Let’s find out.
What is the Photography Contract?
A photography contract is a legally-recognized document that covers every bit of detail about the photography project undertaken. It typically memorializes the agreement that a client (ordering the photography services) and a photographer (providing the services) mutually enter into. It includes wedding photography, portrait photography, commericial photography and event photography contracts.
Undoubtedly, there could be multiple road maps for a project. But only one of them, usually a mutually-beneficial one, is adopted. Apart from just verbally communicating this road map, it is a wise decision to get it properly scribed. Then each party may use it as a reference while progressing through the project.
Notice how we stated “legally-recognized”. This means the contract should be taken seriously and approved as and when needed by legal entities. This also means the photography contract shouldn’t be created on just about any piece of paper. It should follow a certain format, contain required information, and be signed accordingly by all parties involved.
That’s where the attorney-drafted free photography contract templates by CocoSign come in. Just download, edit to meet your project requirements, and distribute.
Download Photography Contract Templates for Free Today!
This downloadable photography contract template offers up-to-date terms, clauses and provisions that can be tailored specifically for the photography project.
Whether you are a photographer or a client, stop wasting time and money on drafting contracts. Use this template now!
Why Do I Need A Photography Contract?
Even though a contract is of immense importance, it’s surprisingly skipped by many companies and photographers alike. Here are the strongest reasons why you need a photography client contract in place:
- A deeper understanding of the project
A photography contract provides a deeper understanding of the project. Both the parties will know exactly what is expected of each other, hence reducing chances of failure.
Without a proper photography contract, if the communication was limited to verbal, then there’s a high chance of mismanagement owing to fading memory.
- Hold everyone accountable
Without a photography contract, it’s not easy to hold any party accountable for the work done or mistakes made. But with a contract in place documenting everything about the project, it’s easy to conclude who’s responsible for which part of the project and therefore make adjustments accordingly. The higher the number of independent parties involved is, the more fruitful the photography contracts will be.
Photography is one of the industries where copyright and usage violations are common affairs. In some cases, violations escalate and cost thousands of dollars for violators. To protect your work or sell your work rightfully, you must have a photography contract in place. For companies, this is essential to obtain the copyright of the images and videos from the photographer and his or her team.
By entering into a photography contract, you can be sure that your commitment won’t go wasted if the other party violates the agreed terms and conditions. You can legally seek reimbursement for the damages or delays caused by the violation.
Download Photography Contract Templates for Free Today!
This downloadable photography contract template offers up-to-date terms, clauses and provisions that can be tailored specifically for the photography project.
Whether you are a photographer or a client, stop wasting time and money on drafting contracts. Use this template now!
What to Include In a Photography Contract?
Generally speaking, the photography contract should detail everything about the project in brief.
But at the bare minimum, here are the sections that your photography contract must include:
The photography contract should explain everything there is to know about the project in hand. This includes start date, turnaround/delivery date, location, lightings, background requirements, post-production editing requests, and subsequent fees. Will there be models involved? And if so, who'll be paying for them? The photography contract should touch upon all of these.
How is the photographer going to be paid? Upfront one-time payment, in installments, or after delivery of work? Is there a chance that the requirements will change since this factor may affect pricing?
Both parties should plan the payment structure well enough to avoid misunderstanding.
Who holds the copyright to the photos taken and videos made? Does the photographer need to be credited if it's distributed commercially? Copyright are serious issues in the world of media. So develop this section with utmost care.
What scenario and turns of events will lead to the cancellation of the project? In such cases, will the photographer be reimbursed? If they have already been paid, are they obliged to make a refund? The cancellation policy section should answer these critical questions.
The thing to note here is that you do not have to explain every section in depth. You can create separate documents that cover the particular section thoroughly and have your photography contract reference it. Depending on the complexity of the project, you may wish to expand the sections.
If you’re looking for ready-made photographer contract templates, do check out the huge collection of free contract templates from CocoSign. Just edit required fields, print the sample photography template out, and you can start using it as a legal agreement. CocoSign photography templates can be used by both photographers and companies alike.
DOCUMENT PREVIEW
Commercial Photography Contract
I. The Parties. This Photographer Service Contract (“Agreement”) made ___________________, 20____ (“Effective Date”), is by and between:
Photographer: ___________________, with a mailing address of ___________________, City of ___________________, State of ___________________ (“Photographer”),
AND
Client: ___________________, with a mailing address of ___________________, City of ___________________, State of ___________________ (“Client”),
Photographer and Client are each referred to herein as a “Party” and, collectively, as the "Parties."
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Photographer to work under the terms and conditions hereby agreed upon by the Parties:
II. Term. The term of this Agreement shall commence on ___________________, 20____ and terminate: (check one)
☐ - At-Will: Written notice of at least ____ days’ notice.
☐ - End Date: On ___________________, 20____.
☐ - Other: _______________________________________________________.
III. The Service. The Photographer agrees to provide the following: _____________________________________________________________________
_____________________________________________________________________.
Hereinafter known as the “Service”.
Photographer shall provide, while providing the Service, that he/she/they shall comply with the policies, standards, and regulations of the Client, including local, State, and Federal laws and to the best of their abilities.
IV. Payment Amount. The Client agrees to pay the Photographer the following compensation for the Service performed under this Agreement: (check one)
☐ - $____ / Hour
☐ - $____ / Flat Rate
☐ - Other: _______________________________________________________.
Hereinafter known as the “Payment Amount”.
V. Payment Method. The Client shall pay the Payment Amount: (check one)
☐ - After Each Service Request
☐ - Daily
☐ - Weekly
☐ - Bi-Weekly
☐ - Monthly
☐ - Other: _______________________________________________________.
Hereinafter known as the “Payment Method”. The Payment Amount and Payment Method collectively shall be referred to as “Compensation”.
VI. Retainer. The Client is: (check one)
☐ - To pay a retainer in the amount of $__________ to the Photographer as an advance on future Services to be provided ("Retainer"). (check one)
☐ - Retainer is Refundable.
☐ - Retainer is Non-Refundable.
☐ - Not required to pay a retainer before the Photographer is able to commence work.
VII. Inspection of Services. Any Compensation shall be subject to the Client inspecting the completed Services of the Photographer. If any of the Services performed by the Photographer pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Photographer, at which time the Photographer shall promptly correct such work within a reasonable time.
VIII. Return of Property. Upon the termination of this Agreement, all property provided by the Client, including, but not limited to, cleaning supplies, uniforms, equipment, and any other items must be returned by the Photographer. Failure to do so may result in a delay in any final payment made by the Client.
IX. Time is of the Essence. Photographer acknowledges that time is of the essence in regard to the performance of all Services.
X. Confidentiality. Photographer acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Photographer shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Photographer or any other person, except with the prior written consent of the Client.
a.) Return of Documents. Photographer acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing Confidential Information shall be the sole and exclusive property of the Client and shall be returned to the Client upon termination of this Agreement or upon written request of the Client.
b.) Injunction. Client agrees that it would be difficult to measure damage to the Client's business from any breach by the Photographer under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Photographer agrees that if he/she/they should breach this Section, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client
c.) No Release. Photographer agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section.
XI. Taxes. Photographer shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, Photographer shall pay all applicable sales or use taxes on the labor provided and materials furnished or otherwise required by law in connection with the Services performed.
XII. Independent Contractor Status. Photographer acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Photographer shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Photographer represent to anyone that it has a right to do so. Photographer further agrees that in the event the Client suffers any loss or damage as a result of a violation of this provision, the Photographer shall indemnify and hold harmless the Client from any such loss or damage.
XIII. Safety. Photographer shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-Photographers, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the Services or the site where it is being performed (“Work Site”). In addition, Photographer agrees to act in accordance with the rules and regulations administered by federal law and OSHA. Photographer shall be solely responsible and liable for any penalties, fines, or fees incurred.
XIV. Alcohol and Drugs. Photographer agrees that the presence of alcohol and drugs are prohibited on the Work Site and while performing their Services. If the Photographer or any of their agents, employees, or subcontractors are determined to be present or with alcohol or drugs in their possession, this Agreement shall terminate immediately.
XV. Successors and Assigns. The provisions of this Agreement shall be binding upon and inured to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon the Photographer or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon the Photographer or Client.
XVI. Default. In the event of default under this Agreement, the defaulted Party shall reimburse the non-defaulting Party or Parties for all costs and expenses reasonably incurred by the non-defaulting Party or Parties in connection with the default, including, without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall be reimbursed by the other Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.
XVII. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.
XVIII. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of ___________________.
XIX. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
XX. Additional Terms & Conditions. _______________________________________
______________________________________________________________________
______________________________________________________________________
XXI. Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers.
Client’s Signature _______________________ Date ____________
Print Name _______________________
Photographer’s Signature _______________________ Date ____________
Print Name _______________________
