When an individual or a company requires the services of a photographer or videographer, they hire them as independent contractors. The legal mechanism that facilitates such a relationship is a Photography Contract. Such a document typically contains information and stipulations regarding the length of the gig, payment, and a detailed description of what the client demands from the photographer. Additionally, it may include other clauses, like a non-disclosure clause, exclusivity clause, and a confidentiality clause.
When do I need a Photographer or a Videographer Contract?
Like we mentioned earlier, you’ll need a photographer contract if you want to hire a photographer for a particular job. The contract lays out all of the specifics that pertain to the scope of the job, payment, compensation, and other clauses. Photographers are typically hired for events and shoots, so if you plan on doing either of those things, odds are you’ll need a photographer contract.
Typically, photographers in the U.S charge $16-$17 an hour, with prices ranging greatly depending on expertise, prestige, renown as well as services required. Wedding photographers and videographers, who are often required to compile albums and edit video, cost up to $3,000 per event, or more in some cases. Additionally, the photographer’s availability may also play a role in fluctuating prices. Events that are scheduled over the holidays are likely to cost more, so clients looking to enlist a photographer should keep that in mind.
Drafting a Photographer Contract
A photographer contract is a fairly easy piece of documentation to draft. This is because it doesn’t need a ton of legal clauses introduced and, rather, just requires clients to list the essential particulars of the agreement. We’ve developed a one-size-fits-all photographer template that you may use as-is or modify to better suit your situation. The template can be found below;
Photographer Contract Template
This agreement is hereby enforceable upon signature from the date _ between the parties, who will be referred to as “The Client” and “The Photographer.” Collectively, they will be known as “The parties.”
“The Client” _, located at ______________________________________________________
Hereby agrees to enlist the services of “the Photographer”, located at ___________________________________________________
For a period of __ hours. (Here, clients can specify how long they want the photographer to work for them. If this extends into days, simply put down the start date and end date.)
I. THE SERVICES
The photographer and the client agree to enlist the services of the photograph on __ at the following address;
Here, the photographer will be required to provide the following services as ordered by the client;
(Describe the services the client will need – This typically includes short descriptions, like wedding shoot and album, or fashion shoot for a company.)
In exchange for their services, the client agrees to pay the photographer in one of the following ways;
(a) A fee of $__/hr
(b) A flat fee of $__ for the entirety of the project
(c) Other (Please describe.) _____________________________
Any additional payment that is due for add-ons, such as physical copies, will be made out to the photographer. For additional copies, photos, videos, etc., the client will have to pay the following charges;
(Here, the photographer lists out all their charges for each item that is separate from the original fee paid for their services.)
The client hereby assumes copyright ownership upon completion of the project, scheduled to take place on (Date) to __ (Date.) The photographer subsequently waives all rights to commercial use and is subject to copyright liability in case of infraction of the terms of this agreement.
IV. ADDITIONAL CLAUSES
Here, either party may add additional clauses to protect their interests. This typically includes things like indemnification clauses, confidentiality, exclusivity, and a right-to-terminate clause.
VI. THE AGREEMENT IN ITS ENTIRETY
The agreement explicitly detailed above hereby represents the entirety of the arrangement between the parties and hereby overrides any previous or existing agreement, contractual or not, that may have been in place prior to the signing of this contract. No additional clauses will be binding unless agreed upon by both parties. The parties, which collectively includes the client and the landscaper, hereby agree to the aforementioned terms and conditions.
PHOTOGRAPHER NAME __
PHOTOGRAPHER SIGNATURE DATE ___
CLIENT NAME _
CLIENT SIGNATURE _ DATE __
FREQUENTLY ASKED QUESTIONS
If you choose to hire a professional photographer to shoot you/for you, it is a good idea to get them to sign a contract. This will give the client all copyright ownership and offer them legal protection, while also guaranteeing pay to the photographer and making the working relationship an amicable one. While not absolutely necessary, we still highly recommend using a photography contract when enlisting a professional photographer or videographer.
We’ve compiled a guide that can be found above, which goes through all of the essentials and particulars of drafting a photography contract. Additionally, we’ve also added a template at the very end, so you may use that as a foundational base to draft your very own photography contract.
Ideally, yes. We highly recommend using a contract for hiring a wedding photographer, as this typically includes clauses like privacy, confidentiality, and exclusivity clauses, while also guaranteeing that the client maintains copyright ownership. This is of particular importance, as the contract will give the client a legal way to address issues in case of the breach as well, while also guaranteeing pay for the photographer. As a result, we highly recommend using a photography contract for your wedding.