- Names of Parties to Agreement: Identifies you and your clients to clarify who is entering into the contract.
- Outline of Package and Services: Details the services, including the date and location, and photography package you’ll provide to your clients.
- Fees & Retainer Clause: Clarifies your payment terms, including retainers, installments, late fees, and no downgrades.
- Coverage Clause: Defines the hours you’ll be photographing, when you will arrive, and additional coverage fees.
- Cancellation by Clients Clause: Explains your policy and penalties if clients cancel, and the amount that your clients will be held liable for if they cancel within a certain time frame.
- Rescheduling by Clients Clause: Lays out the process and what happens to the retainer and additional payments if clients reschedule.
- 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. Includes expectations of a clean location for the shoot.
- Selection of Delivered Images Clause: Specifies that no photo is guaranteed and that you will have the final say on which images are delivered to clients.
- Delivery of Images & Online Gallery Clause: Specifies how and when clients receive their photos.
- 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 clients to credit your work on social media.
- Drone Usage Clause: Describes the drone usage and requirements of the photographer and client, including insurance and FAA and state regulations.
- No Tenants at Session Clause: Ensures no property owners or tenants are at the property during the shoot.
- Property Listing Exclusivity Clause: Details that you are the exclusive photographer on the listing.
- Inclement Weather Clause: Covers your approach to handling bad weather conditions and protecting your equipment.
- Archiving Clause: Explains how you’ll store and archive the images, and any unarchiving fees that apply.
- Duty of Client to Obtain Property Release Clause: Ensures you, as the photographer, have the right to photograph the property.
- Reproduction Clause: Covers the rights clients have to use the photos for their own marketing purposes to sell the property.
- Photographer Copyright and Commercial License Clause: Confirms who will own the copyright rights of the photos including two options to give a limited commercial release or assign the copyright ownership over to client.
- Location Limitations Clause: Ensures any location limitations or restrictions at the venue are not your fault.
- Travel Fee Clause: Details any additional fees for your travel and related expenses.
- Communication Clause: Encourages clear and ongoing communication between you and clients.
- 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 this contract is the full and complete agreement between the parties.
- Venue and Jurisdiction Clause: Specifies the legal venue and interpretation of law for any disputes or claims.
- Arbitration Clause: Requires disputes go through arbitration first.
- Transfer Clause: Details that the contract cannot transfer to another party without consent.
- Severability & No Waiver Clause: Ensures the contract remains valid even if some parts are unenforceable or waived.
- Headings Clause: States that headings are for organization, not legal interpretation.
- Notification 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!
