Running through a Wedding Photography Contract
Before beginning any type of wedding photography project, it is critical to put everything in writing. A contract will serve to protect both the wedding service provider and the client. This particular contract is modeled after the agreements that I use, but as with everything a lawyer drafts, it should be modified to fit the particular outline of the project or the services to be provided when the wedding photography contract is being drafted.
What happens when a wedding is cancelled or postponed after hiring a photographer? What if the photographer fails to show up or provide the necessary services? Is the work product delivered to the client or turned over to him or her immediately upon completion? When should payment be due and how much? If everything is not specifically set out in writing prior to the project , there is no evidence to help determine what the intentions of the parties actually were. The law gives certain rights to each of the parties with respect to their contract rights, but unless all aspects of the deal are clearly set out in writing, it is difficult to say to what each of the parties would have agreed if things went smoothly and if things went wrong. It is exponentially more expensive to resolve the issues through litigation with an unclear contract – or worse – no contract at all than it is to have something in writing beforehand and clearly spell out the expectations of both parties.
It is easy to get caught up in the excitement and busyness of planning a wedding, but taking the time to get it down on paper when hiring a service provider is critical and can ensure that both bride and groom have piece of mind, knowing that they are getting exactly what they paid for, without surprises.
Important Provisions in a Wedding Photography Contract
The details of the deal are of course to be found in the fine print of the contract between the couple and the photographer. An agreement is an essential protection for both the photographers and the couple. Some of the key clauses to look for in an agreement with a wedding photographer include:
Payment Terms: The contract should outline the payment terms, including any deposit and when the remaining balance is due. This helps to clearly establish expectations and avoid misunderstandings.
Cancellation Policies: Many contracts will address cancellation policies, including whether the deposit is non-refundable and the conditions under which the contract can be cancelled without penalty.
Copyright Issues: The contract should make clear who owns the rights to the photos and what use each party is permitted to make of them. For example, the couple may obtain copyright in their wedding photos and have the right to use the photos for personal use (e.g., on social media), but the photographer may reserve the right to use the photos in his or her own portfolio.
Rescheduling and Force Majeure: The contract should address the question of a rescheduled event due to a force majeure, such as inclement weather. Force majeure is largely a matter of state contract law, and many photographers are savvy enough to include rescheduling provisions in their contracts.
Sample Wedding Photography Contract Template
Any professional wedding photographer should have a photography contract template that contains the applicable disclaimer language; this sample contract template is for illustrative purposes only.
Wedding Photography Contract Template
Service Provider’s Name
Company Name
Address
City, State Zip Code
Phone Number
Email Address
Website Address
Services To Be Provided
Wedding Day Date
Brides Name
Grooms Name
Ceremony Date
Ceremony Start Time
Ceremony End Time
Ceremony Address
WEDDING DAY PHOTOGRAPHY
I, Bride’s Name & Groom’s Name, agree to hire [Service Providers Name], (hereinafter "Service Provider") as my wedding photographer. Service Provider has verified and agreed to the following benefits as described above:
COMPENSATION
In consideration of, and return for, the Service Provider’s services, the Bride’s and Groom’s names herby agree to pay the sum of _____ (USD$____) Dollars to be paid as follows
PAYMENT SCHEDULE
A non-refundable RESERVATION FEE/SECURITY DEPOSIT amount of _____ (USD$____).00 in the form of a _____ (check/money order/credit card/pay-pal) deposit must be received in order to reserve the wedding date and time.
APPOINTMENT OF AGENT
If, for any reason, the couple, bride and groom, or their families, should fail to attend (without immediate notice to the Service Provider), then the total balance will be forfeited to the Service Provider as liquidated damages and will be considered earned.
UNATTENDED HOURS
There is a rate of $150.00 per hour before the ceremony and $250.00 after the ceremony of unmanned hours.
THE WEDDING DAY
Confirmation of wedding day
TRAVEL EXPENSES
In addition to the contract fee, Bride and Groom shall reimburse the Service Provider for documented travel expenses, upon presentment of invoice, for all wedding day trips exceeding _______ (___) miles from the Service Provider’s business location.
ACCEPTANCE OF TERMS
This contract is voidable if the client fails to meet the three-week payment schedule. A $50.00 per hour bookkeeping fee will also apply for collections after final payment is due. This contract shall be binding when signed by both parties. All terms of this contract are adhered to, unless a change occurs by mutual agreement of both parties. This contract is the official agreement between ______________________________ (name) (bride and groom) and ______________________________ (service provider) for the above-mentioned services.
The Venue and Schedule Details
As with any contract, specifics are important. When it comes to wedding photography, the time frame of the contract is critical, and typically will end a few weeks after the wedding (after the proofs are delivered.) It is also important to know where the couple will be getting married, and where the reception will be held as well. Because it is not uncommon for weddings to be held at multiple locations (i.e., ceremony at a church, reception at a venue downtown), it is important to know at least the cities in which the couple will be for the majority of the day.
What happens if the couple needs an earlier arrival time at the venue? The contract should specify the type of notice needed, and when that notice needs to be given. Some venues are outside of major city centers, which could interfere with traffic conditions and delay the photographer in getting there at the specified time.
It can also be very important to specifically mention whether the couple is traveling to areas that require additional travel overnight (e.g., out of state) and what the limits are on that. If hotel accommodation is included in the contract, it should specify what type of accommodation, and how far the hotel is from the venue. Again, many hotels are outside of the major city centers, and if the contract only mentions location, that could prohibit the photographer from being able to stay in the specified hotel.
Final Deliverables and Their Timing
The number of photos that the photographer will provide after the wedding must be clearly defined in the contract, preferably with an estimate on the number of photographs for each type of photography. For example, the contract can state that "The photographer will provide an estimated 250-350 proofs (untouched, unedited images) including images from the engagement session, rehearsal dinner, wedding ceremony, formal reception, and all events previously discussed" and "the estimated timelines for the various deliverables are as follows: budget bridal portraits will be delivered before the wedding, along with a digital copy of the retouched wedding invitation (if supplied by the client); proofs will be uploaded to online gallery within 6 weeks for review by the client; a digital copy of the retouched wedding invitation is included (if supplied by the client); 3-months after the wedding, the photographer will begin transferring the proofs to 4×6 size and ‘soft-retouching’ them; within approximately 12 weeks after the wedding, the proofs will be ordered and delivered; within approximately 2-4 months after the wedding, the proofs will be available on DVD; photos from the engagement session will be completed within 1-2 months after the session . " These 12-week timeframes for proofs can be shortened or lengthened and the explanation can be revised to reflect the exact steps that will be taken, as well as the order of those steps. Also, delivery timelines can be set forth in terms of days or months while a range can be provided for when the photographer will upload digital proofs to his/her online gallery.
Liability and Legal Issues
Unfortunately, legal considerations such as cancellations, indemnification, and liability are often not given the special attention they deserve when it comes to wedding photography contracts. Among the most common of these issues is cancellation. If the client cancels, the extent to which the photographer can retain any fees collected should be clearly addressed. A similar concern applies if the photographer cancels. Again, the contract should clearly spell out the rights of the parties in the event of cancellation on either side.
The contract should also include a clause that addresses indemnifying the photographer against any claims arising out of materials produced by the couple. For example, if the couple decided not to hire a professional videographer, and a guest shoots a video of the ceremony, there should be language in the contract that makes clear that the couple is solely responsible for any claims or issues related to the video.
Limitations on Liability are also important. These are limitations on the amount that a client may sue the photographer if the work produced is unsatisfactory, even if the photographer is at fault. By including a damages limitation clause in the contract, a photographer may be able to limit his or her exposure if the work is unsatisfactory or even subject to something out of their control, like the unexpected loss of a photography file.
Bespoke Provisions for Your Photographic Business
Just because the template contract we provide is intended to be an optimal foundation for many wedding photography businesses does not mean that it does not also need to be further customized for your particular business. If you have a unique style or focus to your photography business, or if your clients are requesting or expecting something beyond what is in our template contract, then you should definitely customize the provided contract to meet your own business needs. You can delete sections or add sections if needed to make sure that all aspects of working with you are covered by your contract. You can even use the provided contract as a starting point to help you draft a contract from scratch which works for your business. A popular way for photographers (and other creative professionals) to customize templates they get for these contracts (and other documents) is to have them referred to their business. For example, instead of YourStudioName, have YourName Photography specified in the customized contract. Alternatively you can include your logo to accomplish the same goal of customizing the contract to refer to your business. Of course, the details of how you operate as a photography business will be reflected in your contract from how payments are made to the limits of liability or even how engagements or cancellations are handled.
Final Statement on Wedding Photography Contracts
As outlined in this article, the wedding day is often stressful enough without the additional fears brought about by any contract-related issues. An up-to-date and well drafted wedding photography contract helps provide peace of mind for the photographer and their clients . A well-prepared agreement increases the likelihood of successful wedding photography projects that result in satisfied clients who will likely recommend the photographer to friends and family members.