Wedding Photography Agreement (Contract) Tips
You’ve seen it before. It’s not the photographer with the biggest camera or the most artistic eye that wins in the world of wedding photography. It’s the best-practiced business photographer.
Smart businessmen or women know how to create their brand and or product, sell it, promote it - and all before 5pm (well, sometimes). For a wedding photographer, branding and creating a product is only half the battle.
One side of the photography business includes observing a plethora of legalities that will help you make the most of your business. One of those legal considerations is a Wedding Photography Agreement or Contract. This agreement will protect you from liability. It also will very clearly lay out expectations for both you and for your clients.
Many photographers have little idea what goes into a Wedding Photography Agreement. The length and content will largely depend on what type of services you provide. Here are a few non-negotiable inclusions:
1. Contract page
This is the basic contact information for both parties making the agreement. Think of this as a “cover page” with impertinent information including:
- Bride (client) name and all contact information
- Fiancé’s name
- Description of service acquiring (i.e. “8 hours of wedding photography and portrait services by photographer)
- Date, time, location of ceremony, reception, and other
- Place for signature and date signed
2. Agreement
This specifies that the agreement was made by both parties who fully intent to cooperate within the agreement stipulations.
3. Payment (including deposit or booking fee)
Here you stipulate the total charge for services provided. You also may protect yourself with a required “save the date” deposit that is non refundable.
4. Rights and usage
Will you give the clients a cd of all the pictures? Or will you give proofs only and keep printing rights? Be sure to get this in writing or else you will open yourself to possible losses.
5. Model release
If you are like most photographers, you will want to use the wedding images in your portfolio and for advertising. Be sure to get this written permission in writing and make things easy by including it in the contract.
If you want to be detailed, consider adding a few other inclusions, such as booking and reimbursement for travel fees, schedule of the day, product return, and a stipulation on being the sole photographer.
Many photographers have their agreements online. Do your research before writing an agreement to keep yourself covered. Also refer to the Photographers Legal Guide for more information.
Update: after publishing this post on Wedding Photography Agreements one of our readers, David, kindly emailed us a sample wedding photography agreement that some readers might find helpful. You can view it at Sample Wedding Photography Agreement.
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This great advice was given to me a while back and has proven to be well worth the extra effort it takes to accomplish. Gives peace of mind to not only the photog, but also the bride and groom!
Great advice, I plan on doing wedding photography part-time in the future! Good thing my father is an attorney he can help me create a bullet proof contract :)
Very good.
Put everything you promised in writing. It honestly saves a lot of grief.
Having a contract shows professionalism. Having a friendly open discussion about copyright is also very important. No one needs a photographers copyright unless they plan on reselling the images. And then they should pay for that right.
Many beginning photographers don’t understand the value of the copyright. Just remember this…
If your copyright is not valuable then why is everyone working so hard to get it?
Rosh
http://www.newmediaphotographer.com
There is a book, Photographer’s Legal Handbook by Tad Carlsen (I think that is his name). I’ve used it several times, it has (nearly) all the forms any aspiring photographer would need, definately worth it.
I just used it for a wedding I will be shooting.
Great advice. However, I have developed a pet peeve over the last couple of months while getting ready for my own wedding. Why is it that everything associated with weddings is written and done with the assumption that the bride is in charge of everything? As the groom, I have done almost half of the planning. I was, in fact, entirely responsible for deciding and hiring a photographer. My bride is only aware that we have a photographer and the general cost.
Very good article.
Many beginning photographers don’t understand the value of the copyright - you have best right
It’s always good to consult an attorney. Just because other photographers use provisions in their contracts doesn’t make them enforceable.
It’d be great if someone could provide a link to their favorite renditions of contracts available online for viewing/repurposing.
It’s nice to have these pointers, but I always have a hard time coming up with a form that’s easy to read but has all the needed details.
J.Goforth,
I have never ever -in 20+ years- had any planning with a groom only.
It’s always bride/parents, bride/groom/parents or bride/groom.
Side note: If you’re making half the decisions now before you’re married, cherish that time, son.
Cherish that time. (*sigh*)
In Massachusetts a ‘deposit’ is legally refundable if the client cancels, but a ‘retainer’ is not. To guarantee this downpayment here, be sure to call it a retainer.
Please note with the sample contract I provided above that details are important. Don’t assume anything. If the bride wants purple frames and poster sized shots of her father then make sure you include that in your “Scope of Work” description.
Also note that the signature “blocks” at the bottom merged somehow. The signers (the photographer & the bride and groom) should all have separate places to sign. The signatures need not be fancy but they should have the names typed out and a signature line and a date line under each typed name.
You want to write it so a judge can look at the contract if there is a dispute and easily understand what each party promised to do and when.
David, thanks soooo much for the sample contract.
One other thing that I’d love to see is a sample model release used for various operations… Weddings in particular would be appropriate on this post.
Does someone happen to have one of those to share?
Under your first point you state: “Think of this as a “cover page” with impertinent information including …”
Ah, the joys of using a spell-checker.
I presume you mean “with important information.”
The rest of your article, and the sample contract from Dave, was excellent. Thank you very much.
-Jerry
Steven: “Retainer.” VERY important clarification. VERY.
There are many things that you can do yourself. In my mind a wedding photography contract is not one of them. WPPI had featured someone selling a professional photographer contract for $50. Pay the $50 and then take it to a lawyer in your state to review. You hope it is never needed, but you can’t play it too safe.
good advice. I didn’t think to add the model release to my actual contract but that is brilliant!
Fantastic advice, have a wedding contract has got me out of some really sticky situations. Very often clients will try and pull a fast one. Good job and I have also bookmarked this site for future referencing.
Gee your sites about Wedding Photography Agreement (Contract) Tips is hmm how can i say, different from the others. Keep adding i will be back