- Names of Parties to Agreement: Identifies you and your client to clarify who is entering into the contract.
- Outline of Package, Pricing, and Session Date Clause: Details the services, including the date and location, and photography package you’ll provide to your client.
- Fees & Retainer Clause: Clarifies your payment terms, including retainers, late fees, and no downgrades.
- Coverage Clause: Defines the hours included in the shoot, when you will arrive, and additional coverage fees.
- Cancellation by Client Clause: Explains your policy and penalties if your client cancels, and the amount that your client will be held liable for if they cancel within a certain time frame.
- Rescheduling by Client Clause: Lays out the process and what happens to the retainer and additional payments if your client reschedules.
- Image Processing, Retouching, & Edits Clause: Sets expectations on what type of file the photos will be delivered in (JPEG not RAW), how you edit your photos, and retouching services and fees.
- Poses & Selection of Delivered Images Clause: Specifies that no photo or pose is guaranteed and that you will have the final say on which images are delivered to the client.
- Delivery of Images & Online Galleries Clause: Specifies how and when your client receives their photos.
- Artistic Style Clause: Defines your unique photography style and creative approach, as well as sets expectations to your client on the artistic style that their images will be edited.
- Posting on Social Media Clause: Sets guidelines for your client to credit your work on social media.
- Inclement Weather Clause: Covers your approach to handling bad weather conditions and protecting your equipment.
- Model Release Clause: Allows you to use your images from the shoot for your portfolio and marketing.
- Archiving Clause: Explains how you’ll store and archive the images, and any unarchiving fees that apply.
- Limited Personal License to Use & Reproduction Clause: Gives your client a personal license to use the images but limits their rights to reproduce or distribute images to third parties.
- Photographer Copyright Clause: Confirms that you retain full copyright ownership of the photos and digital images.
- Location Limitations Clause: Ensures any location limitations or restrictions at the session location are not your fault.
- Permits Clause: Explains that the client must secure any necessary permits.
- Travel Fees Clause: Details any additional fees for your travel and related expenses.
- Communication Clause: Encourages clear and ongoing communication between you and your client.
- Harassment Clause: Protects you from any form of inappropriate and harassing behavior during the contractual period.
- Safe Working Environment Clause: Promotes a danger-free work environment.
- Indemnification Clause: Protects you from third-party legal liabilities and claims.
- Maximum Damages Clause: Limits claims to the cost of the agreement.
- Limitation of Liability Clause: Caps your liability in case of issues like lost photos, equipment malfunctions, and compromised coverage. Also limits the liability for exemplary damages.
- Force Majeure Clause: Covers unforeseeable, unpredictable events that make it impossible to perform under the contract, like natural disasters and war.
- Cancellation of Services by Photographer Clause: States your rights and terms for canceling services and the client's options for a backup service provider.
- Sales Tax Clause: Clarifies any applicable sales tax applied to package price.
- Entire Agreement Clause: Confirms this contract is the full and complete agreement between the parties.
- Venue & Jurisdiction Clause: Specifies the legal venue and interpretation of law for any disputes or claims.
- Arbitration Clause: Requires disputes go through arbitration first.
- Severability & No Waiver Clause: Ensures the contract remains valid even if some parts are unenforceable or waived.
- Transfer Clause: Details that the contract cannot transfer to another party without consent.
- Headings Clause: States that headings are for organization, not legal interpretation.
- Notice Clause: Explains how you’ll handle official notifications to clients.
- Counterparts & Facsimile Signatures Clause: Allows for electronic signatures to deem the contract valid.
- Signature Lines: Provides space for you and your client to sign and make it official!
