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.
25 Responses to “Wedding Photography Agreement (Contract) Tips” - Add Yours
June 27th, 2008 at 12:10 am
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!
June 27th, 2008 at 1:10 am
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 :)
June 27th, 2008 at 1:16 am
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
June 27th, 2008 at 1:22 am
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.
June 27th, 2008 at 1:35 am
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.
June 27th, 2008 at 2:21 am
Very good article.
Many beginning photographers don’t understand the value of the copyright – you have best right
June 27th, 2008 at 3:18 am
It’s always good to consult an attorney. Just because other photographers use provisions in their contracts doesn’t make them enforceable.
June 27th, 2008 at 7:10 am
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.
June 27th, 2008 at 2:51 pm
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*)
June 27th, 2008 at 10:36 pm
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.
June 28th, 2008 at 1:06 am
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.
June 28th, 2008 at 4:51 am
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?
June 28th, 2008 at 7:37 am
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
June 28th, 2008 at 6:37 pm
Steven: “Retainer.” VERY important clarification. VERY.
July 1st, 2008 at 6:23 am
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.
July 2nd, 2008 at 7:54 am
good advice. I didn’t think to add the model release to my actual contract but that is brilliant!
July 15th, 2008 at 7:18 am
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.
August 26th, 2008 at 9:44 am
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
September 5th, 2008 at 11:36 am
Make sure you put in that you need to be given a meal too. After 8 hours of working when the guests tuck in you need to sit down too.
December 14th, 2008 at 10:45 pm
Hi!I am interested in wedding photography jobs in U.S.A
Currently I am working as as an artist for Times Of Indi for past 22 years and also working as function photographer for past 20 years.
Waiting for your reply as soon as possible.
Atul Joshi
February 17th, 2009 at 4:47 pm
Great tips! Another: Remember to add a friendly clause about specific reimbursement liability.
Something like, “Although all care will be taken with the film, processed negatives, digital files, and photographs taken at the wedding, YourPhotoCo limits it’s liability for loss, total damage, or failure to deliver pictures for any reason to the return of all deposits made. In this unlikely event, XPhotoCo will refund all prepaid amounts, but will not accept liability for any other financial losses incurred by the contracting party including but not limited to: Tux rental, reception hall costs, catering, limo rental, etc.”
It just may save you from clients even thinking about it….
February 26th, 2009 at 12:12 am
I am new at wedding photography, I still struggle on where to stand and take photos during the ceremony, any advise would be appreciated. I feel uncomfortable standing in the isle when they say their vows, I feel like I am going to take away from that moment, where do you stand, etc..
October 2nd, 2009 at 11:34 am
Does anyone have an example I can look at?
November 11th, 2009 at 1:16 pm
This is great!! Weddings are always tricky and getting everything in writing is helpful to ensure that both parties know what is expected of the other. I have all my brides/grooms sign one with all the shots and locations on it as well, I know things change on the day but I’m flexible, as long as they aren’t going overboard with changes.
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January 29th, 2010 at 7:28 am
As someone looking to hire a photographer for my wedding, I can respect the desire of the photographer to copyright the pictures. However, is it the norm for the photographer to also have the right to distribute those photos how he or she pleases? Shouldn’t I as the person hiring have some say in what the photographer can do with my pictures?
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