I get every one of my clients to sign a contract. Some people are surprised, until I explain that the contract’s main purpose is to document my commitment to delivering their photos within a reasonable time and at the agreed price. Here, I’ll take a look at the main points that should be covered in a photographer’s contract.
Who, what, where and when
My contract begins by setting out my name and address as the photographer, and the name and address of my client. It explains briefly what I am going to photograph, where the shoot will take place, the date and the start and finish times.
It’s helpful for both parties to have these details down in black and white, in order to avoid any possible confusion.
Price
The contract should clearly state the agreed total price for the services to be provided, as well as the payment conditions – when a deposit needs to be paid, and when the balance is due. I also include a clause covering what will happen if, by agreement with the client, the shoot lasts longer than expected.
The goal here should be to remove any possible uncertainty or ambiguity about the price.
Licence and copyright
The contract should explain clearly when, where and in what way you may use the images that the photographer delivers, and what rights he or she retains. In my case, clients have an unlimited licence to use the images I deliver as soon as payment is complete. They are not permitted to sell the images, but they can print, distribute, and share them online, or make them available to others to print, distribute and share online, without having to pay anything extra.
I retain the copyright to the images, and the standard version of my contract gives me the right to use them myself. As I usually explain to clients, showing my past work is absolutely essential for winning new work. All the images on this website are displayed with the clients’ permission. Understandably, some clients do ask for complete privacy. I am always ready to respect their wishes at no extra charge, and amend the standard contract to reflect this.
Delivery
The contract should also make clear what the photographer is going to deliver, and how and when delivery will be made.
I deliver JPEG files – light ones for web and screen, and heavy ones for printing – using a file transfer service. In the contract, I commit to delivering within seven days of the end of the shoot, though in practice I almost always deliver within 48 hours and, by arrangement, even more quickly.
This is a point that is always worth checking. Just yesterday, I photographed a couple who told me that they had waited six weeks to receive their wedding photos, and I have friends who ended up waiting six months for theirs! Whether the photos are from a wedding, a corporate event, or just a portrait session, such delays are totally unacceptable, and I doubt these people would have entered into ageements with the photgraphers concerned if they had known in advance how long they would have to wait.