Photography Service Agreement Template

Prepare a customized 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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Last Update September 2nd, 2023

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Table of Contents:

What is a Photography Contract
Common Types of Photography Contracts
What Should a Photography Contract Include
How Much Does a Photographer Service Cost
Photography Contract Example
Related Documents
Other Types of Service Contracts
FAQs About Photography Service Contracts

What is a Photography Contract

A photography contract is a legal document that is used by a client to hire a photographer to take photos. The type of services contracted can range from commercial photography to event shoots such as weddings.

A photography contract can also be referred to as a:

Photography Services Contract
Photography Services Agreement
Basic Photography Contract
Photographer Contract

The purpose of this document is to cover all the necessary details of photography services, such as when payment will be made, who owns the intellectual property, and how the photography will be carried out.

This type of agreement can be created in minutes by using a simple photography contract template. With a verified template, you can ensure that your contract doesn’t miss any important information without having to pay for a lawyer.

Common Types of Photography Contracts

Not all photography contracts are the same. Depending on the type of photography services needed by the client, they can be customized to conform to specific requirements and conditions.

The most common types of photography contracts include the following:

Wedding photography contract: Between a couple and their photographer to take photos at a wedding.
Portrait photography contract: Specifically for portrait-style photo shoots.
Product photography contract: To take photos of products for a company or business.
Event photography contract: Used for photography services at any type of events such as parties, seminars, conferences, or trade shows.
Real estate photography contract: To hire a photographer to take photos of a piece of property or real estate.
Boudoir photography contract: For photography featuring intimate, sensual, and romantic images.
Newborn photography contract: Between a parent or parents and a photographer to take photos of their newborn.
Commercial photography contract: For any type of photography that will be used commercially.
Model photography contract: To establish a photography contract between a photographer and a model.
Graduation photography contract: To take photos for a school, university, or specific student at a graduation ceremony.
Food photography contract: For photography featuring images of food and beverages.

Other popular types of photography include fashion, sports, architecture, medical, vehicle, advertising, wildlife, landscapes, panoramic, school, branding, fine art, street, erotic, press, film, astrophotography, and documentary photography.

What Should a Photography Contract Include

A photographer contract requires various details in order to be legally binding and to ensure it holds up in court. Having all the necessary information also helps avoid future misunderstandings and conflicts.

Below are the essential points that must usually be included:

Full name and address of the client and the photographer/business being hired
Summary of what each party will provide
Start date of the contract and shoot date(s)
Payment terms and schedule
Number of hours for the taking of photos, post-production, and editing
Due dates of final sample proofs
Cancellation policy
Copyright ownership and transfer of use rights
Number of days each party has to fix issues
Signature from both parties
Model or property releases (if necessary)
Liability limitations and extra fees

How Much Does a Photographer Service Cost

The price of a photographer can vary significantly depending on their skill level and the type of photography services you are looking for. For example, a professional wedding photographer might charge a rate of $1,000 to $3,000 for 6-hours, while an amateur event photographer may only ask for $300 to $1,000 for the same job.

Similarly, a product photographer contracted by a company will typically be paid for at a higher rate than an individual portrait photographer. It also depends on whether you contract a freelance photographer or a studio, and whether there will be any 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 suit your needs and budget to find the best option.

Photography Contract Example

We recommend looking at a 100% verified sample photography contract before starting your own.

Use our example below to get a feel for the points to cover and details to include in your own customized agreement.

Other Types of Service Contracts

You might be interested in different services other than photography.

In that case, it’s usually a good idea to prepare a contract. A service contract protects each person. It provides security if the contract is terminated or terms aren’t respected.

Other types of service contracts LawDistrict can help you with are:

FAQs About Photography Service Contracts

A photography contract needs to be prepared carefully, to ensure no essential provisions are missing when it’s signed. To find out more about how these agreements work and must be prepared, check our FAQs below.

How to get a photography contract template?

A photography contract is a simple document that can be written online without having to pay for a lawyer. However, if it’s not written properly, it may cause issues between both sides further down the line. By using a verified photography contract template, you can quickly drag and drop your information without having to design or structure the document yourself.

What does a photographer do?

A photographer’s main duty is to take photos of people, events, places, and objects. They usually specialize in one or more types of photography and work in a studio or on-site at different locations.

These images are usually used to tell stories, record important moments, or generate commercial interest. Photographers must also understand framing, composition, light, and color. They also need to be proficient with various digital editing tools, programs, and printing equipment.

For photographers that work on a freelance basis, they will also require skills in business management. This includes meeting with clients, creating invoices, or recording expenses and revenues.

Do I need a photography contract?

A photography contract is recommended at every shoot, even if being hired by a friend or family member. Not only does it help both parties know their responsibilities and rights, but it sets clear expectations.

Having a contract also helps avoid conflicts between both parties about cancellations, payment schedules, artistic property, post-production, and delivery dates. A photography agreement can further help to build a longer-lasting professional relationship between the client and the photographer.

To ensure that the document is legally binding, both parties need to sign it. In addition, if the photographer or studio wants to display the photographs of an individual for marketing purposes, they will require a model release form.

If the photographer wants to use the images of a property or piece of real estate, then they will require a property release form instead. This will allow them to use the images in advertisements, magazines, and for other commercial purposes.

You are only a few steps away from your own Photography Service Agreement!

Preview of your Photography Service Agreement

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"),

and

_________ of _________, _________ and _________ (hereinafter, the "Contractor").

1. SERVICES During 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:

Regular payments of $_________ hourly.

_________ 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.

Service Provider:
_________

By: _______________________	Date: __________
_________

Service Recipient:

By: _______________________	Date: __________
_________