Wedding Photography Contracts Explained
For the consumer and photographer it is essential to have a wedding photography contract clearly specifying the the rights and obligations of both parties.
Over the past ten years I have used a very simple wedding photography contract. A PDF copy may be downloaded for reference. I have never needed to rely upon the terms and conditions as I have always tried to give service beyond my customer's expectations. I suppose my point is that there must be trust and understanding regardless of the strict terms of the contract but it is recognized that circumstances change and people should react accordingly. On a couple of occasions over the years, customers deposits have been refunded (both re-arranged their wedding dates) - no questions asked and fortunately (for me) those appointment dates were subsequently booked by others. It is important to understand what is in contracts you are signing - so here are a few pointers: Wedding Photography Contract Specify who the agreement is between - Names and Addresses with contact details. Description of service to be provided (photographic coverage of event or perhaps x number of hours attendance along with album, CDs, etc). Date, time and location of event(s). Signatures of contracting parties which should be dated. Agreement Statement of terms and conditions of the agreement which both parties are expected to abide by. Payment Cost of service with payment and deposit details. When payments are due and under what circumstances deposits may be refunded. NB. Photographers often ask for a deposit to secure a date in the calendar and usually specify a period after which the deposit will be lost if the event is canceled by you. In some cases the contract may well specify that the FULL amount of the agreement will be forfeited, although this will usually be on a sliding scale depending upon how near to the event that cancellation is made. This is perfectly reasonable as photographers have to be able to accurately forecast their work commitments (and income) and last minute cancellations would seriously affect their business. So - be sure before you commit to a particular photographer. It is, of course, possible to insure against the possibility of a photographer (or any other supplier) going into liquidation whilst holding your deposit. Use of images Copyright of the images will usually remain the property of the photographer unless specified otherwise. In the UK,the 1988 Copyright Act assigns the copyright of the image to the photographer or Studio. In other countries there will be similar laws. The effect of these laws is to stop people copying the images. These days, photographers will often (for a fee) license customers to reproduce images strictly for their own use whilst retaining the copyright themselves. Model Release Agreements will often contain a clause that allows the Studio use of the image for display or promotional use. If you do not wish to do this, simply remove the clause from the contract. Arbitration In the event of a dispute, my aim has always been to try and resolve the problem without recourse to the law. Thankfully, that has never not been necessary. As a member of both the British Institute of Photography (BIPP) and the Master Photographers Association (MPA), an arbitration service is offered as part of the contract. The effect of this would be an independent review of the circumstances by knowledgeable people from within the Photographic industry. Consumers rights are, of course, unaffected. A FREE wedding photography contract sample from various countries may be downloaded here: UK - BIPP UK - MPA USA Australia New Zealand South Africa DISCLAIMER The above notes are offered for guidance only and no liability whatsoever is accepted for any loss that may be incurred as a result of information given on this page.
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