Prepare a custom Photography Contract to define the rights and responsibilities of both parties. Outline the scope, date, and payment terms of photography services.
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Table of Contents:A Photography Contract is a legal document that is used to hire a photographer. The services contracted can range from commercial photography to event shoots such as weddings.
A photography contract can also be referred to as a:
This document covers all the necessary details of photography services, such as:
Use our simple Photography Contract template as a reliable resource during the document creation process.
Not all Photography Contracts are the same. They can be customized to meet specific requirements and conditions.
The most common types of Photography Contracts:
Other popular types of photography include fashion, sports, architecture, medical, vehicle, wildlife, landscapes, panoramic, school, branding, fine art, street, press, film, astrophotography, and documentary photography.
A photographer contract needs various details to be legally binding. Having all the necessary information also helps avoid misunderstandings.
Below are essential points that are usually included:
The price of a photographer varies** based on skill level** and the type of services you are looking for.
For example, a professional wedding photographer might charge $1,000 to $3,000 for 6-hours, while an amateur event photographer may only ask for $300 to $1,000.
Similarly, a product photographer for a company will typically be paid more than an individual portrait photographer. It also depends on whether you hire a freelance photographer or a studio, and if there will be follow-up editing services. A skilled photographer may also ask for a retainer before the photo session.
Overall, it’s recommended to search online for photography services in your area that fit your needs and budget.
We recommend reviewing a sample Photography Contract before starting your own.
Use our example below to understand the points to cover and details to include in your own agreement.
A Photography Contract is one of the few, if not the only, legal contract you’ll need to receive or provide photography services.
However, our smart legal solutions can help you draft helpful documents such as the following:
You might be interested in other services besides photography.
A service contract provides security if the contract is terminated or terms aren’t respected.
Other types of service contracts LawDistrict can help you with are:
A Photography Contract needs to be prepared carefully, to make sure no** important provisions are missing**. To find out more about how these agreements work and must be prepared, check our FAQs below.
By using our Photography Contract template to help you create your form, you can drag and drop your information and fill out your document faster.
However, it’s recommended that the contract be reviewed by a legal professional. Once it has been created and reviewed by a lawyer, you can then sign it with the other party.
A photographer takes photos of people, events, places, and objects. They specialize in one or more types of photography and work in a studio or on-site.
Photographers must also understand framing, composition, light, and color. They also need to be skilled with digital editing tools and printing equipment.
Freelance photographers also need business management skills. This includes meeting with clients, creating invoices, and recording expenses and revenues.
A Photography Contract is recommended for every shoot, even when done with friends or family. It helps both parties know their responsibilities and rights and sets clear expectations.
Having a contract helps avoid conflicts about cancellations, payment schedules, artistic property, post-production, and delivery dates. A Photography Service Agreement can also help build a longer-lasting professional relationship.
Both parties need to sign it for it to be legally binding. If the photographer or studio wants to use the photos for marketing purposes, they will require a model release form.
If the photographer wants to use images of a property or piece of real estate, then a property release form is necessary.
You are only a few steps away from your own Photography Service Agreement!
This Service Agreement (hereinafter, the "Agreement"), is dated as of _________ (hereinafter, the "Effective Date"), and is entered into by and between the following parties:
_________ of _________, _________ and _________ (hereinafter, the "Client"),
_________ of _________, _________ and _________ (hereinafter, the "Contractor").
1. SERVICESDuring the term of the Agreement, _________ shall perform the following services for _________ (hereinafter, the "Services"):
•
2. PAYMENT AMOUNT AND METHOD
During the Term of the Agreement, the Client agrees to pay the Contractor as follows:
_________ agrees to pay, in addition to the principal and interest due hereon, all reasonable attorney fees, plus all other costs and expenses of collection and enforcement.
In addition to any other right or remedy provided by law, the failure of _________ to pay for the Services when due shall be considered a material breach of this contract, and _________ may terminate this Agreement and/or seek legal remedies.
3. TERM
This Agreement will commence on the Effective Date and shall continue until completion of the Services by the Contractor, unless earlier terminated as provided herein, or unless extended by mutual agreement expressed in writing signed by both parties prior to the completion of the Services by the Contractor.
4. OWNERSHIP OF WORK
The Contractor acknowledges and agrees that all intellectual property and related material, including but not limited to any copyrightable works, ideas, discoveries, inventions, patents, products or other information (hereinafter, the "Work Product"), performed under this Agreement shall be considered "Work Made for Hire" as defined in the U.S. Copyright laws and, therefore, shall be owned by and be for the express benefit of the Client.
If requested by the Client, the Contractor will provide and execute all necessary documentation to confirm or perfect the ownership of the Client to the Work Product.
5. INDEPENDENT CONTRACTOR
The Contractor certifies that, in providing the Services under this Agreement, he is acting as an independent contractor and not as an employee or an agent. Nothing contained in this Agreement shall be deemed to constitute an employment, agency, joint venture or partnership relationship between the parties.
6. NON-EXCLUSIVE CLAUSE
The Parties hereby acknowledge that this Agreement is non-exclusive, and nothing herein shall prevent either Party from entering into similar or same agreements with third parties.
7. EVENTS OF DEFAULT
The occurrence of any of the following events shall constitute and is hereinafter referred to as an "Event of Default":
a. If either party fails to make a required payment when due.
b. If either party becomes unable to perform its duties and fails to make available or deliver the Services in the time and manner provided for in this Contract.
c. If either party becomes or is declared insolvent or bankrupt.
d. If either party's property becomes subject to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
8. REMEDIES
In the event that either party (hereinafter, the "Defaulting Party") fails to perform any of its material obligations under this contract, or if any one of the hereinabove described Events of Default occurs which causes damage to the other Party (hereinafter, the "Non-defaulting Party"), it shall be considered a material breach of this Agreement.
In such an event, the Non-defaulting Party may notify the Defaulting Party in writing and request it to rectify and correct such breach of contract within _________ working day(s) from the effective date of such notice. If the Defaulting Party fails to cure the default(s) within such period of time, this agreement will be automatically terminated.
The defaulting Party shall be liable for any such breach pursuant to the applicable laws.
9. FORCE MAJEURE
Neither party shall in no event be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for any delay or failure in fulfilling or performing any obligation under this agreement when such delay or failure is resulting from circumstances beyond its reasonable control (hereinafter, "Force Majeure causes").
The term Force Majeure shall include, without limitation, acts of God, acts of civil or military authorities, insurrections, vandalism, riots, wars, lock-outs, embargoes, acts of nature, fire, natural disasters, epidemics, work stoppages or other labor disputes, or supplier failures.
A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event:
(a) provide written notice to the other Party of the nature and extent of any such Force Majeure cause; and
(b) use reasonable efforts to remove any such causes and resume performance under this Agreement, as soon as reasonably practicable.
10. DISPUTE RESOLUTION
In the event a claim, dispute or controversy arises out of or in connection with this Agreement, the parties agree to attempt to resolve the claim, dispute or controversy by conducting good faith negotiations.
If the parties are unable to settle the matter between themselves within 30 days, the dispute shall thereafter be resolved by binding arbitration under the then current Commercial Arbitration Rules of the American Arbitration Association.
11. ENTIRE AGREEMENT
This document constitutes the entire agreement and understanding between the parties, and supersedes all prior agreements and understandings, whether oral or written, with respect to the subject matter of this Agreement.
12. SEVERABILITY
This Agreement will be enforced to the fullest extent permitted by applicable law.
If for any reason any term or provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will not affect any other term or provision of this Agreement. However, the parties shall cease performing such invalid or unenforceable provisions and negotiate in good faith to replace such invalid or unenforceable provisions with a valid, legal, and enforceable provision consistent with the original intent.
13. AMENDMENTS
This Agreement may be amended or modified as needed. However, any modification, variation or amendment of this Agreement shall only be valid if made in writing form and duly signed by the parties obligated under the amendment.
14. GOVERNING LAW
This Agreement shall be governed, construed and interpreted in accordance with the Laws of the State of .
15. NOTICES
Any and all notices, requests, demands or other communications to be given under this Agreement must be (i) given in writing and (ii) personally delivered or mailed by certified or registered mail, return receipt requested, or transmitted by electronic mail transmission to the party to whom such notice or communication is directed, to the mailing address or electronic mail address of such party as set forth in the opening paragraph of this Agreement, or to such other address or email address as any party may from time to time notify the other.
16. WAIVER
The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions.
17. ATTORNEY'S FEES
In the event that any action is instituted to enforce or interpret the validity of this Agreement or any of its provisions, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements in addition to any other available remedies.
18. ASSIGNMENT
This Agreement and all rights and obligations hereunder may not be assigned by either party without prior written consent of the other party.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.