Photography Side Hustle
Photography Side Hustle
What should you include in a contract?
Episode 173 - 12 things you should put in your contract.
The Transcript page - https://photographysidehustle.com/173
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Hey, how’s it going? I’m Andy Jones, and this is episode 173 of the Photography Side Hustle podcast.
Okay, over the last few weeks, people have been asking me about contracts. So, before I start this episode, I want to tell you that I’m not an expert on contracts and don’t have a law degree. If you are worried about writing your contracts, contact a lawyer.
Okay, so why use a photography contract?
The main reason you need to use a contract is to protect yourself. It allows you to list what you will do for the customer and how long the shoot and editing will take. You can also state what you and the customer are responsible for, which will hopefully reduce any misunderstandings.
A contract makes you look more trustworthy and professional in the customer's eyes. If anything does go wrong, you both know what will happen next.
It also gives a detailed breakdown of what the customer is paying for, showing your rates and any extra fees. This cuts any surprises when it’s time for them to pay.
So, I’ve come up with 12 things you should include in your contracts.
1. Names, Addresses, and Dates
Contracts need the names and addresses of the people hiring you and contact details, such as phone numbers and email addresses. Your name and details also need to be included in the contract.
If your business is a corporation, you must use that name, address, and contact details.
For dates, you need to include the date the contract is signed and the event date.
2. Scope of Service
You must describe the service you will provide and mention any important dates or timelines.
So, if the event is a wedding, and you are going to meet the couple a month before the event to view the reception hall, you need to include this in the contract.
Everything you are going to do for the customer needs to be listed.
3. Responsibilities
In this section, you need to clarify who is responsible for what.
Let’s say you are shooting a wedding, and the couple wants to take photos in a National park. You must mention that the couple is responsible for any permits or entry fees for everyone involved in the shoot.
It could be something as simple as a parking space near the reception hall. I’ve ended up with a parking space 5 minutes from the hall. So make sure they reserve a spot as close as possible.
If it’s a destination wedding, you need to mention what the couple has to pay for, like your flights, accommodation, and food. If you miss something and they don’t pay for it, it could get very messy.
Of course, you need to list everything you are responsible for. For example, if you say the photos will be delivered in 3 weeks, this has to be included in the contract.
Setting clear expectations for yourself and the customer will make everything run smoothly.
4. Payment Details
This is the part of the contract where you break down the costs, payment terms, and deadlines.
Most photographers want a deposit paid immediately after signing the contract. You can either have a payment plan or set a deadline for the full payment, and it has to be listed in this section. You should also list any discounts, taxes, or extra fees.
It’s good to mention what happens if the customer fails to pay the invoice on time or if the payment bounces. If it’s written down that there is a $100 fee for a bounced check, they can’t argue about it.
Additionally, you can mention in this section whether the customer has to pay any penalty fees for arriving late to the session or if they don’t show up for their session at all.
5. Ownership & Usage Rights
This section explains who owns what and for how long. If you shoot portraits, weddings, or commercial work, you can keep all copyrights and grant your client usage rights or transfer all or limited rights upon full payment.
Your customers need to know who owns the images and what they can do with them. One way to do this is to give them a “Personal use license.” You own the copyright to the images and the customer can use them for printing and social media.
They can’t use the images on a commercial entity, like a magazine, paid ad campaign, or business website, without your permission and possible payment.
6. Liability & Indemnification
This section will protect you from unexpected circumstances, such as illness, natural disasters, injury, or a pandemic.
You must share what happens if something goes wrong, like emailing them within 24 hours. If you are unable to turn up to the session, will you send a replacement photographer or refund their money?
Another thing to include is an indemnification clause, which is compensation for loss or harm. It will protect you from legal liability if a third party, like a customer, hurts themselves during the session or if one of your customers damages property at the shoot location.
7. Editing Policy (artistic release)
Add an Editing Policy section in your contract. It’ll help you avoid having customers reaching out with multiple retouch requests or demand that you edit photos differently from your usual style.
Describe the type of editing your client can expect for their photos. Mention your portfolio for examples of your style, and by signing this contract, they accept your editing style.
8. Waiver & Releases
Model and property releases can be separate forms or sections in your contract.
If you want to share your photos publicly, you need a release. A model release confirms that the person you photograph (clients, couples, models) allows you to show their image publicly.
A property release is needed if you’re showcasing a private location in your images, such as a studio, an office, someone’s home, or even their dog, because pets count as property.
It’s always good to secure all necessary releases before a photo session, even if you don’t plan to use the photos for commercial purposes.
If you are shooting a wedding, I would get the couple to sign a release form, but I’m not sure how it works for the family and friends. I’ve never heard of anyone having trouble, though. If you are going to a wedding, it’s accepted that you will get your photo taken.
9. Exclusivity
In this section, you just want to confirm that you are the only photographer and that no one with a camera can interfere and get in your way. This is needed at weddings and sports events.
10. Governing Law
This is especially important for destination photographers or those who work with international clients.
The Governing Law clause states which legal code will be used to confirm the contract's validity. Usually, you would use the laws of your own country/state/province.
This protects you in the event when a client wants to sue you in their own country/state, where laws are in favor of your client’s claim.
11. Rescheduling, Cancellation & Refund Policy
Life happens, and sometimes a customer might need to cancel their booking.
In this section, you can include the timeframe for the client to inform you to get a partial or full refund.
Can the session be rescheduled?
Are there any fees applied?
Can the deposit be used for a future session?
Are there any penalty fees applied if the cancelation is last minute?
Think about the different scenarios and make sure that this clause covers everything.
12. Meals & Breaks
This is aimed at weddings and events that require you to be there all day. It is nice to be fed at a wedding, but try to get your food when the wedding party gets theirs, which is normally first. The reason is you want to be ready when the speeches start. If you get your meal last, you’ll be eating when you should be shooting.
If you are shooting an event, put in that you want a 20-minute break at the mid-point. You might not use it, but it's there if you do.
Okay, those are the things I would put in a contract. But please take this as one photographer talking to another photographer. I am not a lawyer or solicitor.
Oh, and when you are about to get your customers to sign the contract, walk them through it. Make sure they understand what each section means. You want them to feel comfortable, not stressed out.
If you need help with a problem or need your website evaluated, you can contact me through the Facebook group, messenger, Instagram, or Threads.
I’ll be back next week, bye for now.