Elopement photography has exploded over the last two years and has brought with new legal issues for photography contracts to cover. One of the questions I get asked most is how to protect yourself as an elopement photographer from the additional risks adventure elopements pose, and there is A LOT to cover.
Here are some of the top things you need to think about including within your adventure elopement photography contracts.
1| A Risk of Assumption Clause
This clause is SUPER important for you to have in an elopement photography contract because when photographing an elopement you’re often involved in activities (hiking, rock-climbing, riding ATVs, etc.) that have an element of danger to them. An assumption of risk clause essentially lays out the dangerous elements that could happen during the elopement, and have your clients sign off that they know, understand, ANDassume those risks when hiring you for your services. This clause helps to protect your business from unnecessary liability and makes sure that all the potential risks are laid out to your clients in writing prior to you beginning any services for them.
2| Inclement Weather Clause
Since most elopement ceremonies take place outdoors, inclement weather is certainly a possibility. Thus, it is essential to explain your policies for various weather conditions in your contract. This clause should go over not only your normal policy for what kind of weather you do and do not photograph in, it should also explain what will happen in case of poor weather. Will you continue to photograph? How long before the elopement will you make a call based on weather? Is there any weather you will shoot in (note: some elopement photographers shoot in any and all weather).
Make sure that depending on what part of the county you live in, or are currently shooting in, you modify this clause to fit that climate. If severe snowstorms, hurricanes, extreme heat are issues in your region make sure that they are included in this clause. You want to cover all of your bases so that your clients fully understand what will happen if these weird weather situations arise on or near their elopement date.
3| Location Limitations Clause
A location limitations clause informs your clients that your company is limited by the rules, guidelines, andaccessibility of the locations in which you’ll be performing services, and that you will be abiding by those rules. This clause is incredibly important because your clients need to know that you will not be violating any rules, and risking liability for breaking those rules, while shooting their elopement. Always make sure to do your research on any rules or guideline limitations within locations in which you are shooting ahead of agreeing to perform any services at those locations.
All of these clauses, and MANY more, can be found in The Legal Paige’s Adventure Elopement Photography Contract that was drafted alongside multiple elopement photographers, including Maddie Mae of Adventure Instead. With their input and expertise, this contract is the only comprehensive adventure elopement contract out there right now and hundreds of elopement photographers have been using it to ensure they are 150% protected before booking any clients.
If you have any further questions about elopement photography, don’t hesitate to join us in The Legal Paige Community on Facebook where thousands of other photographers and creatives help one another with legal questions!
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.