Photography Contract

Photography Contract: Agree the Shoot, Fees and Image Rights

A photography contract sets out the terms between a photographer and a client: what will be photographed, when and where, what the client receives and when, the fee and deposit, what happens if the shoot is cancelled, who owns the copyright, how the client can use the photographs, and whether the photographer can use them in a portfolio. Robot Lawyer drafts the contract from your answers, for the law of the country or state you choose, and on the Verified plan a qualified legal professional checks it within 24 hours before you sign.

CONTENTS

What Is a Photography Contract?

A photography contract (also called a photography agreement or photographer contract) is a contract for photography services. Photographers use it for weddings, events, portraits, products and commercial shoots, and clients use it to make sure they get what they are paying for.

A written contract avoids disputes about deliverables, deadlines and payment, deals with cancellation and the photographer's illness, and makes clear what the client can do with the photographs, which is the point that most often causes disagreements.

When Should You Use One?

• Weddings and events
  Where the date matters and cancellation terms are important.
• Portraits and family shoots
  Private commissions where portfolio use needs consent.
• Commercial and product photography
  Where the client needs clear rights to use the images in marketing.
• Multi-day shoots
  Several dates and locations under one contract.
• Hiring a photographer
  Clients can use it to set the terms they need.

What's Included in Your Contract?

• The shoot
  The services, dates and locations.
• Deliverables
  What the client receives, how and when.
• Fees and deposit
  The fee, VAT or sales tax, expenses, deposit and when the balance is due.
• Cancellation
  What happens if the client cancels or the photographer cannot attend.
• Copyright and usage
  Who owns the photographs and how the client can use them.
• Portfolio use
  Whether the photographer can use the photographs to promote their business.
• Data protection
  How photographs of identifiable people are handled.
• Liability and insurance
  Any limit on the photographer's liability, and their insurance.

What Your Document Looks Like

Your contract is a numbered agreement: the parties and background, definitions, the services, the client's responsibilities, fees and payment, cancellation, copyright and use, data protection, liability, termination and general terms, with signature sections and schedules setting out the shoot details and fees. Here is an extract from a sample contract we generated:

2. Services and delivery

2.1 The Photographer will provide the Services with reasonable skill and care, attend the Shoot on the date and at the location in Schedule 1, and deliver the Deliverables by the method and within the time stated in that Schedule.

2.2 The Photographer will select and edit the Photographs using professional judgement and the Photographer's own photographic and editing style. The Photographer is not required to provide unedited photographs or rejected images.

2.3 Any change to the Shoot date, the Services, the Deliverables or the charges requires the written agreement of both parties. An exchange of emails confirming the change is sufficient.

How It Works on Robot Lawyer

1. Answer the questions
   Tell us about the shoot, deliverables, fees and image rights.
2. Generate your contract
   We draft a clear, balanced contract from your answers.
3. Get it verified
   On the Verified plan, a qualified legal professional checks your contract within 24 hours and makes amendments where needed. The Essentials plan does not include this check. See how our documents are verified.
4. Sign and book the date
   Download it, sign it with the client and collect the deposit.

How It Works in Different Countries

• UK
  Under the Copyright, Designs and Patents Act 1988 the photographer usually owns the copyright, even when commissioned, and a transfer must be in writing and signed. A person who commissions photographs for private and domestic purposes has a right to stop them being published.
• United States
  The photographer usually owns the copyright unless it is assigned in a signed writing. Model releases are often needed for commercial use of a person's image.

These notes are general. Check the current rules where you work.

Photography Contract FAQs

Who owns the copyright in commissioned photographs?

Usually the photographer, unless the contract transfers it. Your contract either gives the client a licence to use the photographs or transfers the copyright, as you choose.

Is the deposit refundable?

That depends on your terms. Your contract sets out what happens to the deposit and the fee if the client cancels.

What if the photographer is ill on the day?

Your contract says the photographer will try to arrange a suitable replacement and, if they cannot, will refund what the client has paid for the missed work.

Can the photographer post the photographs online?

Only if the contract allows it. Your contract records whether the photographer can use the photographs in a portfolio and to promote their business.

Can I use this contract outside the UK?

Yes. Your contract is drafted under the law of the country or state you choose. Our lawyers are qualified in England and Wales and, on the Verified plan, check documents for good practice, clear formatting and the law of England and Wales. They are not qualified in other countries' law, so if your contract is governed by another country's law, we recommend having a local lawyer check it too.

Create a Photography Contract

Book shoots with clear terms on fees, deliverables and image rights. You can start with a 7-day free trial. See our pricing for the plans. Related documents: Model Release Form, Digital Image License, Copyright Assignment Agreement and Freelance Services Agreement.