Portrait Photography Contract for In-Person Sales:
- Names of Parties to Agreement: Identifies you and your client to clarify who is entering into the contract.
- Outline of Package, Price, and Services: Details the services, including the date and location, and the photography package you’ll provide to your clients.
- Session Fee Clause: Clarifies your payment terms, including session fee. Session Coverage Clause: Defines the hours you’ll be photographing, when the session starts and ends, what happens if a client is late to the session, and additional coverage fees.
- Cancellation by Client Clause: Explains your policy and penalties if a 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: Provides two options to choose from, depending on whether you allow reschedules or not, and lays out the process and what happens to the session fee if the client reschedules.
- Design Appointments and Product Orders Clause: Explains the timing, location, and details of the design appointment, including image and product orders, between you and the client after the session has taken place.
- Digital Images Clause: Ensures that the client understands that the session fee does not include digital images.
- Client Responsibilities During Session Clause: Sets forth client responsibilities with regard to newborn sessions, if applicable, and sessions involving additional subjects.
- Props, Posing, Wardrobe, & Hair and Makeup Clause: Outlines what you will provide as far as props, wardrobe, and hair and makeup for both newborn sessions, if applicable, and regular sessions.
- Retouching & Edits Clause: Sets expectations regarding how you edit your photos, and retouching services and fees.
- Poses & Selection of Images Clause: Specifies that no photo or pose is guaranteed and that you will have the final say on which images are released to clients.
- Exclusive Photographer & Electronic Devices Clause: Ensures you’re the sole professional photographer retained for the services in the contract, and details your policies with regard to session participants taking behind-the-scenes photos or bringing electronic recording devices to the session.
- Artistic Style Clause: Defines your unique photography style and creative approach, as well as sets expectations to clients 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.
- Outdoor Location Limitations Clause: Explains that you are limited by the rules and guidelines of the outdoor location for an outdoor session.
- Model Release Clause: Allows you to use your images from the event for your portfolio and marketing.
- Photographer Copyright Clause: Confirms that you retain full copyright ownership of the photos and digital images.
- 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 clients options for a backup service provider.
- Sales Tax Clause: Clarifies any applicable sales tax applied to package price.
- Entire Agreement Clause: Confirms that 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 that disputes go through arbitration first.
- Severability & No Waiver Clause: Ensures that 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!
Digital Image Purchase Addendum: This contract also includes a bonus contract addendum to use when clients purchase digital images during the design appointment. It includes the following:
- Delivery of Images in Online Gallery clause: Specifies how and when clients receive their photos.
- Archiving clause: Explains how you'll store and archive the images, and any unarchiving fees that apply.
- Reproduction: Clarifies the type of license granted to clients.
