Introduction to the Portrait Photography Contract
The Portrait Photography contract is a legal document that could legally protect a client as well as their photographer before, in the course of the portrait session, and after a portrait session.
Portrait photography includes taking photos that capture the mood of the moment as echoed by the feelings and expression on an individual’s face. However in photography, the main focus is given to an individual’s face, but it might also comprise the body as well as the background. Numerous photographers are specialized in this type of photography and if you ask them for a photo session, then you would require signing a contract with them.
A photography contract is a contract made by a photographer towards selling the license or using his photo with exact controls relating to how often the photo shall be used. This contract would also state on what territory the photo shall be used, and just for what products. An additional contract, as well as royalty, is also applicable for each additional usage of the photo.
Who Takes Portrait Photography Contract?
A Portrait photography contract is a legal agreement formed between a client and photographer. Each individual to the agreement would agree towards the terms stated in the contract and when once signed, this becomes a legal and valid document. This agreement assists to protect both the individuals, ensuring that both the client as well as the photographer is contented. Due diligence during this stage is vital, so you must ensure to contain all relevant information, like the scope of work, customer information, and related fees.
Purpose of the Portrait Photography Contract
A portrait photography contract could at times be intimidating, but it is essentially a great thing to be made between the parties. Not just a legal contract to protect both you and the client, but it could also help in clarifying what you are likely to produce. Whether the photographer is shooting wedding photos, or taking family portraits, or is doing a commercial photoshoot, a photography contract safeguards that everything goes smoothly.
If a client plan to hire a photographer, a contract would act as a legal document towards outlining every applicable term. For instance, how would the photos be taken or how long could you expect between the shoot as well as delivery? In case you are looking for additional information, this document might also form a photographer contract agreement or a photo contract
Contents of the Photography Contract– Inclusions
The contents of the portrait photography contract would include:
- Client information — this would be the first area for you towards filling out and must comprise the client’s name, phone number, mailing address, and email address.
- Scope of work — although this might appear self-explanatory, it doesn’t overlook the minor details. It comprises the date, time, location and even the editing procedure. When concluding portrait photography, this would be simple. Though, when you do a wedding shoot and more wide-ranging jobs, this section would vary from one job to the next.
- Fees — how much would these services cost? Does it have a deposit and refund policy? Anything that is relating to payment must be addressed here.
- Refunds — typically, this would be included in your fees part. Though, when forming a wedding contract, a separate cancellation section is required to be written.
- Model release — This release simply implies that the photographer is capable to utilize the photos after the session has finished.
- Special requests — this section contains topics that are specific to the client.
- Duty of the client — in this you would state that the client is liable for obtaining every associated permits and permission.
- Cooperation — if for whatever purposes the subjects to be photographed does not cooperate, are late, or do not show, this section states what would happen next.
- House rules — this is usually exclusive towards wedding contracts and states variables reliant on the location. For instance, “no flash” instructions.
- Exclusive Photography clause — in this section, you would clarify to the client that during the photo session, nobody would hinder or take photographs of the professional setup.
- Copyright law — this section states that all photos taken during the session are possessed by the photographer concerning copyright laws.
- Client usage — this would state how the client could make use of the photos they receive.
- Signature blocks — this section depends on the parties. The client could sign once or sign many sections of the contract itself.
If you are a photographer or you plan for hiring a professional, it is recommended that one must not ensue without a contract.
How to Draft the Portrait Photography Contract?
Every portrait photography contract might have different terms and conditions, but these are some of the key pointers that a photography contract should have.
- In case the subject of the photoshoot is a minor, then the minor must be accompanied by a parent or guardian, or must have a letter of permission.
- An advance sum is required to be paid for the photo session and the rest of the charges could be paid on receiving of photos.
- Any extra proofs required or any re-edit needed on the original proofs shall be charged extra.
- The photographer holds the rights towards creatively play around with the style as well as the composition of the photos.
- When the photographer has given the client the proofs and acquired full payment for his services, he must not be held liable for storing the pictures for the client.
- The copyright for every image clicked is retained by the photographer and cannot be copied without clear permission from him.
- In case the client cancels the assignment, then he or she would be liable for the charges and costs acquired in setting up the shoot.
- In case the photoshoots are rescheduled for particular reasons, then the client must inform the photographer relating to the same at least 48 hours before the shoot.
- The client must read the schedule for payment of charges and would comply with the same.
- The client authorizes the photographer to make use of any of the pictures for display on the photographer’s website or for publication as well as for promotional usages.
- The photographer doesn’t give the client any warranty for the digital media or the files that were given to the client.
Negotiation Strategy
When hiring a photographer for any specific event, you must form a photography contract. In case you are the photographer and planning towards offering freelance work for a client, a similar step would be needed on your end. When you form a contract, this likewise assists to secure payment. Through setting clear rules, this would help both the individuals decide on any possible clashes. When the terms are in writing, this removes any future misperception or miscommunication.
Benefits and Drawbacks of the Portrait Photography Contract
By having a proper photography contract prepared it projects your brand as a professional service to the clients and helps you towards growing your business. By evidently explaining your expectations from your clients, everybody is on the same page. This removes any future misperception or miscommunication.
A photography contract made in plain language is suitable for the usage when you would be taking portraits of clients in the studio or at any event. It comprises payment, copyright, as well as creative license terms.
The drawback of a photography contract is that at times few clauses might not clearly define the scope of use and thus it could lead towards misunderstandings. There is no valid reason to give up the copyright. Few bad photography contracts force an artist to give up every one of their copyrights and other rights(1), even for the photographs not selected or published by the business.
What Happens In Case of Violation?
In case the Photographer is injured, or becomes too ill, or has an emergency that stops them from attending the Portrait Session, the Photographer would make arrangements towards re-scheduling the portrait session. If any suitable day for rescheduling has not been agreed upon, the client agrees that the accountability and legal responsibility of the Photographer towards the Client are limited to the return of every payment received for the Portrait Package. In case the digital files were lost, stolen, or destroyed for causes beyond the Photographer’s control, which includes a camera, hard drive, or equipment malfunction, etc., the Photographer’s legal responsibility is limited towards returning the payments received for the Portrait Package.
A typical portrait photography contract may specify that, if there is an emergency, equipment failure or other unexpected circumstance, you would return any payment given to you up to that point however claim no additional liability beyond that.
A portrait photography contract could be an invaluable tool. These contracts safeguard both photographers as well as clients, and could also make it clear towards your client what product they would be receiving. By reading the photography contract, your client would know exactly what they would be receiving throughout the portrait procedure, which could make them much simple to work with. What you comprise in your contract would depend on the particular requirements of your photography business, which also includes the services you offer.