What is an Associate Photographer and How to Legally Hire One

Last Updated: 3/12/25

Your photography business has grown, and you’re swamped with shoots, edits, and post-processing work. You love what you do—the anticipation of an event, capturing special moments, and delivering beautiful images. But you’re feeling spread too thin. You’re wishing you could be in two places at once! If this sounds like you, it may be the perfect time to hire an associate photographer. 

An associate photographer works under your lead and can take over a shoot for your business.

Hiring an associate photographer is a great way to start growing your team. But it’s crucial to hire them legally to protect your business, clients, and professional relationships.

I'm Paige Griffith, founder and lead attorney behind The Legal Paige. I started a photography business while in law school and fell in love with entrepreneurship. I decided to use my legal knowledge to help small business owners with the legal side of things. I offer done-for-you contract templates to give you peace of mind in your photography business.

Let’s talk about how to use associate photographer contracts correctly from the beginning. If you prefer audio/visual learning, you can watch my YouTube video below.

7 Ways to Protect Your Business when Hiring an Associate Photographer

What is an Associate Photographer?

An associate photographer is a professional photographer who can take your place at a shoot. They’re different from an assistant or second shooter because they can work independently to cover shoots for you. (Read more about what you should know about hiring a second shooter here.)

Who might be a good associate photographer to work with? Great associates often seek hands-on experience and supplemental income.

An associate photographer might be:

- Someone just starting out.
- A photographer with six to twelve months of experience.
- A more experienced photographer seeking a steadier clientele.
- A veteran photographer who no longer wants to deal with the day-to-day grind of running their own business.

Overall, I highly recommend looking for someone who has plenty of established experience. Ideally, they have their own legitimate business set up.

Associate photographers love working for other photographers because:

- They get to focus on creating art, taking photos, and interacting with clients.
- They don’t have to handle back-end work like communication, post-processing, and editing.
- They avoid the marketing and advertising tasks that come with owning a business.

All an associate photographer has to do is shoot photographs, provide a great in-person customer experience, and hand you the memory card. You take it from there.

Hiring an Associate Photographer as an Independent Contractor vs Employee

Before getting into associate photographer contracts, you need to decide whether you’ll work with an associate photographer as a contractor or employee. Associate photographers are usually independent contractors, not employees. You can go either way. The important thing is to understand the differences to avoid legal or financial trouble in your business.

Hiring an Associate Photographer as an INDEPENDENT CONTRACTOR

Photographers typically hire associate photographers as independent contractors. So they work events under your brand name but usually have their own photography business. This has some benefits for you as a business owner.

When working with an associate as a contractor, you will NOT need to:

- Pay taxes for the contractor’s work.
- Offer workers' compensation or unemployment insurance to the contractor.
- Put the contractor on payroll.

To legally be an independent contractor, they must be able to say ‘no’ and control when they take on work. They work for you occasionally on their own terms.

Payment is different for contractors vs employees. An independent contractor invoices you separately for each event they work. We suggest having them provide a set fee on the invoice rather than an hourly rate to avoid confusion with the IRS.

For example, if you agree to pay a contract associate photographer $100 an hour for their work and they shoot an 8-hour wedding, they should invoice you a flat $800 for the event.

If you pay any contractor more than $600 in a calendar year, they would need to receive a 1099 form for tax filing purposes. We generally recommend paying your associate contractors via direct deposit (rather than through Venmo or other payment processors) and sending them a Form 1099-NEC. 

For more explanation on 1099s and how to pay contractors, check out my YouTube video below:  

1099-K vs 1099-NEC Explained! (Venmo, PayPal, Stripe Tax Docs)

Remember, everything you do, especially financially, should clearly show that a contractor is not an employee. That way you’re not held to the legal requirements of having an employee. Legal guidelines vary from state to state, so review those when hiring an associate photographer.

This contract template from The Legal Paige is a lifesaver when hiring an associate photographer as an independent contractor:

Associate Photographer Contract for Independent Contractors (Weddings & Sessions)

Hiring an Associate Photographer as an EMPLOYEE

It’s less common, but if you’re looking for consistent work from an associate photographer, you may want to hire them as an employee. An employee follows your direction and has set work hours. They’re required to carry out specific tasks you assign to them.

If you hire an employee, you are responsible for:

- Providing tax documentation.
- Paying certain taxes.
- Offering workers' compensation and unemployment insurance as required by your state.
- Covering or reimbursing any of the employee’s expenses while working for you.
- Complying with all other employee-based regulations.

You pay an employee hourly or with a salary through your payroll. You take on more responsibility as the employer, but you can legally have more control over your associate photographer’s work.

8 Essential Clauses in an Associate Photographer Contract

“Do I need a contract for my photography associate?” As an attorney, my answer is a resounding “Yes!” And on the practical business side, I’ll tell you it’s important to set boundaries and expectations from the beginning. 

Here are eight clauses (or sections) you don’t want to leave out of your associate photographer contract.

(This isn’t a comprehensive list, but includes some of the most important clauses you should understand for your associate photographer contract.)

For a shortcut to a professional associate photographer contract, check out our ready-to-go contract Associate Photographer Contract for Independent Contractors (Weddings & Sessions). 

Associate Photographer Contract Clause #1: Scope of Work Clause

A “scope of work clause” goes at the top of your associate photography contract. It usually points them to a “Policies and Procedures” page at the end.

Essentially, the "Policies and Procedures" include: 

- Pre-shoot procedures (pre-event procedures),
- Any type of communication that they need to have with the client or with you as the business owner,
- Tasks that they need to accomplish on the day of, including particular shots that they need to get to conform to your business style and editing.
- Then, what they need to do afterward—if they need to do a little bit of culling for your business or if it really is as simple as handing over that memory card.

The goal of this section is to give a very clear understanding of what is expected of your associate and what is expected of you as the business in hiring them.

Associate Photographer Contract Clause #2: Associate Compensation Clause

This part of your contract tells your associate photographer how they'll be paid. Our recommendation is to ALWAYS pay your associate a base retainer when they schedule a date to work with you. This happens immediately when the client books an associate under your company. This way they have skin in the game to follow through on events you booked with them. 

Then, after you pay that base retainer, you can either:

1. Pay them a set amount, whether a set flat fee or a set hourly fee.

2. Pay a commission based on the total net price of the photography package. This means the total amount that your clients paid your company, less any fees and expenses, less the base retainer you initially paid the associate.

In my opinion, there’s really no right answer here. Some associates just love it cut and dry (an hourly rate). Other associates really like commission-based pay, especially if they help to bring clients to your company. Ultimately, they’ll probably earn more money with commission-based pay for higher packages.

Associate Photographer Contract Clause #3: Working Relationship Clause

This is incredibly important when you are hiring an associate as an independent contractor. 

What this clause says is very simple: 

- That there is no employer-employee relationship
- No taxes will be taken out of the associate’s pay
- If they are paid over $600 from your company by the end of the tax year, you will send them what’s called a 1099-NEC form, if applicable. 

If you’re hiring an associate as an employee, this clause lays out what they do for you as an employee.

Associate Photographer Contract Clause #4: Non-Disparagement Clause

This is one of those non-negotiable clauses. A “non-disparagement clause” absolutely needs to be in your associate contract. 

Here’s why: a non-disparagement clause prevents independent contractors from speaking ill of your company during their contract time with you and after they leave. 

This is important because, in business-to-business relationships, you may not always gel with one another. In that scenario, you don’t want that contractor posting negatively about you online or spreading rumors to your clients or prospective clients.

This clause protects you from negative talk about you or your business. If the associate did that, they would be breaching their contract.

Associate Photographer Contract Clause #5: Confidentiality Clause

You can either have a confidentiality clause in your associate contract, or you can have it as an additional non-disclosure agreement. They are essentially the same thing legally, so I suggest including it in your contract for simplicity. 

This section of your associate contract is critical because you don't want your associates stealing your secret sauce. Your associates work very closely with you and in your business. They learn things about your business, such as:

- the way you book clients
- your inquiry strategy
- your booking strategy
- your prices
- how you ensure there are returning customers in your business
- your workflows and SOPs
- your editing style

All of those things are your secret sauce. Associates shouldn't use them for their own gain down the road for their own business, and they absolutely shouldn't disclose it to third parties.

Associate Photography Clause #6: Non-Solicitation Clause

I once had a photographer tell me that she had an associate who stole a client from her.

Here’s an example of how this can happen: You hire an associate photographer to shoot a wedding and they get to know the clients. Then, the spouses reach out to your associate for their first-anniversary shoot, holiday shoot, maternity shoot, etc. There goes a good chunk of business!

You can help prevent this type of thing with a “non-solicitation clause.” A non-solicitation clause is a provision that keeps your associate from seeking work from your current clients. 

If you have a non-solicitation clause, then your associate has to ask you for permission to work separately with your clients.

What about a non-compete agreement?

If you are not hiring an associate (or any contractor) as an employee, you absolutely cannot have a non-compete clause in your agreement.

Basically, an independent contractor is independent from your business (hence the name). They are there to work for you for certain events only. They can run their own business, take on their own clients, and most definitely compete in the same industry. (Read more about why in this article: “Why You Can’t Have a Non-Compete Clause in a Contractor Agreement”.)

For employees, I used to recommend having a non-compete. However, in 2024 the FTC banned non-competes and the FTC is in current litigation in several federal courts regarding the validity of the ban. You can get the scoop on this situation in my YouTube video: How Does The FTC Non-Compete BAN Affect Your Small Business? [2024]

Regardless, non-competes have to be very restrictive. When you say an employee can’t work in your industry, it needs to be limited to a certain area, usually a 15- to 30-mile radius. And it can only be for a certain period (not more than two years).

State laws govern non-competes. Some states have enforced them and others don’t, so reach out to an attorney or do your research to determine whether a non-compete clause in your employment agreement would be valid.

Associate Photographer Contract Clause #7: Term and Termination Clause

You don't want to be committed to working with your associate photographer forever. Usually, a contract includes a term of about a year, but it can be anything less than that.

Remember, if you're hiring an associate photographer as an independent contractor, either party may terminate at any time. Still, it’s good to include some type of notice provision and additional information about how termination will work.

I suggest stating in your contract that you or your associate needs to notify the other at least two weeks before terminating. Also, explain that they are still obligated to finish out all the duties they agreed to before the termination date.

And to protect your independent contractor, state that you (the company) will pay for the work they complete before the termination date.

The term and termination clause sets you up for a smoother relationship and less stress when it's time to part ways. 

Associate Photographer Contract Clause #8: Copyright Clause

This can be a tricky area for your business. When an associate takes photos at your event, you want those photos to legally belong to your business. The key factor here is whether the associate photographer is an employee or a contractor.

If you hire an associate photographer as an employee: The photos automatically belong to your business as soon as they’re taken. This is because of the “work made for hire” rule. This rule says that any work created by an employee within their job duties is owned by the employer.

If your associate is a contractor: The photographer owns the rights to the photos they take. 

To transfer those rights to your business, they must sign a written agreement as required by federal copyright law. This is a must-have clause in your contract with any associate photographer working as a contractor.

Then you’ll need to decide if and when an associate can use those photos for their own portfolio. Some photographers allow associates to use the photos after a set period (usually 8-12 weeks after the photos are delivered to the client). Others don’t allow it at all. Either way is fine, but you need to clearly state it in your contract. This prevents confusion, or worse, copyright infringement if the photos are used improperly.

Do you want an associate photographer contract that's pre-written and ready for you to customize and sign? Then we recommend this contract template from The Legal Paige:

• Associate Photographer Contract for Independent Contractors (Weddings & Sessions): 

This template will save you lots of time writing out these clauses (plus more we’ve thought through for you)!

Client Contracts: Important Clauses to Add When You Hire an Associate Photographer

So far we've talked about setting up a solid contract with your associate photographer. But you also need to keep your clients in the loop. When a client books with you, they should also get a heads up that associates can work on your behalf.

Here are the two main clauses to include in your client contract about associate photography. 

You can customize, copy, and paste these into your client contract with our Associate Photographer Clause Bundle.

Client Contract Clause #1: Lead Associate Clause 

This lets your client know in advance that an associate will be present at their event. It also reassures them that you are ultimately responsible for providing all the services as promised.

Client Contract Clause #2: Substitution of Associate Clause

This Clause sets expectations in case your associate can't make it to the shoot. In this clause, you tell your client that if the associate can't perform because of sickness, injury, or personal emergency, you'll either step in yourself or secure another associate. 

This is a great way to show respect and transparency toward your clients. It also ensures that your client won't cancel if a particular associate can’t be there.

The Legal Paige Take 

Hiring an associate photographer lets you grow and scale your business beyond what it is right now. 

To make sure your associate photography agreement is legally legit, be sure to:

- Get clear on whether you’re hiring an independent contractor or an employee.
- Include the eight clauses we covered above in your associate photographer contract.
- Add the clauses we covered to your client contract so they're on the same page about you working with an associate photographer.

You can easily set up these contracts with all the right legal Provisions using our pre-made templates. I've drafted these so you can quickly and easily get legal protections for your business.

Associate Photographer Contract for Independent Contractors (Weddings & Sessions) (For a photographer you’re working with as a contractor.)

Associate Photographer Clause Bundle (This is to add to your client contract so they can agree to terms about your associate photographer.)

THIS BLOG POST IS NOT A SUBSTITUTE FOR LEGAL ADVICE. EVERY SITUATION IS DIFFERENT & IS FACT-SPECIFIC. A proper legal analysis is necessary based on your location and contract. Consult an attorney in your home state for advice regarding your contract or specific legal situation. 

SEE OUR FULL DISCLAIMER HERE.