*Disclaimer: I’m not a lawyer, and local laws vary greatly. Whatever contract you use, please be sure to have a lawyer review it for validity and proper wording so that you cover all your bases! This, therefore, is not legal advice.
IT’S HARD TO KNOW WHAT A CONTRACT NEEDS TO INCLUDE IF YOU’RE JUST STARTING.
Here are my top ten sections that should be included in your contract:
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Legal names for both your client and your business. Seems silly, but don’t forget it!
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Start and end date for the contract. At a minimum, there should be a date of when the contract begins.
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Cancellation/delay policy. Life happens and last minute delays or cancellations sometimes can’t be avoided! Be clear on what happens if it’s the client’s fault and what happens if it’s your fault.
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Any extra fees or taxes. If there are standard travel fees or a tax percentage added, be sure to note it so all fees are clearly stated.
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Who’s responsible for securing permission to shoot. Some properties are tricky to get into for a photo shoot, so be clear about whether or not you handle that as part of your fee (I have it in my contract that the client is responsible for making all arrangements).
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Liability limitations. What happens if someone gets injured on location? What about damage to any part of the property? Be clear on who is responsible for damages and legal fees.
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Copyright and use rights. Do you retain copyright and give your clients use rights? Do your clients get full copyright? What sort of use rights are given and do they have limitations?
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Editing limitations. Do you edit images fully, including sky replacements and removal of objects? Or do you include a basic round of editing with additional requests being outsourced?
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Payment terms. Do you require a retainer to secure a date? When is the balance due? What happens if payment isn’t made in full on time?
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Final delivery. Do you deliver files digitally or on a flash drive? Do you charge extra for a flash drive with files? When are files delivered?
While I don’t normally include this in the general contract itself, you’ll want to have a property release for each property photographed as well. If you do a separate contract for each shoot, it’s a good idea to include it in the contract itself for the sake of simplicity! If you do a general contract with the client at the start of the first shoot, then a property release can easily be given with each invoice when a new shoot gets scheduled.
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xo,
Natalia