Wedding photography contract

An essential wedding document

In order to confirm your booking of a photographer, you and the photographer will probably have to sign an Agreement for Wedding Photography - a contract that binds you and the photographer to fulfilling obligations towards each other.

YOUR OBLIGATIONS AS THE PHOTOGRAPHER'S CLIENT

Your obligations include having your wedding on the date and at the time and place specified, having your wedding events (bridal preparation, reception) occur when specified, ensuring that no other photographers take pictures, and making payments for the services provided.

PHOTOGRAPHER'S OBLIGATIONS

The photographer’s obligations are to provide the services described in the agreement at the specified times and places.

A CONTRACT IS ESSENTIAL

Without a written contract, the photographer may be under no legal obligation to photograph your wedding, and could take another booking.

It is important for you to execute the agreement as soon as possible after you and the photographer have come to terms to ensure the provision of the photographer’s services.

IMPORTANT PARTS

The essential components of a wedding photography contract are commonly as follows:

1. Identification of the parties - specifies names and contact information for the client, the studio or photographer and the wedding couple, if different from the client.

2. The work order or job description - specifically describes the photographic services to be provided, on what dates, at what times and in which places.

3. Copyright protection - The photographer’s pictures, including negatives, proofs, contact sheets, samples and final prints or enlargements, are under his or her copyright. This enables the photographer to use them for samples and advertising, and requires you or anyone else to obtain prints or copies from the photographer exclusively.

4. Release from liability - Protects the studio or photographer from a claim in case of accident, including the total or partial loss or destruction of film or images. Accidents do happen, and there have been cases where a processing lab destroys the negatives from a wedding.

5. Photographer’s exclusivity - Obliges you to prevent other photographers from taking pictures while the professional photographer is working.

6. Payment - Provides the fee and describes the order and manner of payment for photography services. Generally, an initial deposit (usually one-third of the total fee) is made upon signing of the contract, with a second one-third coming due two to three weeks before the wedding date, and the remainder to be paid on the wedding date upon completion of photography. Different agreements may contain different payment terms. Package deals, for example, often require full payment up front, and in other cases, you are able to negotiate the witholding of a portion of the payment until you see and approve the final proofs, however it is not the norm.

7. Penalty clause - The payment section usually also contains a penalty clause wherein the client forfeits the deposits if the contract is not fulfilled by the client. This means that any alteration of the agreement (a change in wedding date, for instance) may void the agreement while the photographer keeps deposits that have been made and has no obligation to return them. This may seem unreasonable until you realize that the photographer may well have turned down several other wedding couples after accepting your booking, and will likely have lost the opportunity to make money on your wedding date. However, the agreement can also spell out the circumstances in which you would receive a refund or partial refund if your plans become changed.

ADDITIONAL INFORMATION

Other sections of the contract may specify overtime charges, indicate that you will pay for the photographer's travel and accommodation expenses and within what limits, provide additional general information such as the name of the rabbi, minister or other wedding officiator, identify the location of the reception and so on - and can even include what the photographer will wear.

If the contract has a price-escalation clause that requires you to pay for unforeseen expenses (such as more film being used than expected or overtime due to delays), try to put a ceiling on the cost, if you can. Most photographers would probably agree to 10% to 15% of the total fee, or may provide a specific price per extra roll of film or per overtime hour.

A fully-completed agreement can serve as a helpful checklist and worksheet for both you and the photographer, and you could have a copy of it handy on your wedding day to refer to if necessary. You may, for example, show it to a particularly-insistent friend who thinks it is all right for him or her to interfere with the photographer’s work so he or she can take her own pictures. Once the friend realizes his or her interference jeopardizes the completion of your wedding photography, the friend may back down and permit the photographer to work without interference.

UNSURE? RUN IT BY YOUR LAWYER

You shouldn't be put off by the legalese in a wedding photography agreement, since most such contracts are standard, and with a little careful reading, you will probably be able to figure it out for yourself. Make sure you understand the meaning of every word and line, and don't be shy to ask the photographer if you are unsure of the meaning of a phrase or a word. He or she has probably answered it before. If something important is left out (such as the name of the photographer who will actually photograph the wedding), speak up; have it inserted before you sign.

Because it is a legally-binding document, you may wish to run it by your lawyer before executing it, particularly if there are sections you don’t fully understand or if it seems to be too one-sided or onerous. Having said that, many photographers will not accept significant change to their standard contract format, which likely has received the input and approval of their lawyer, and don't be surprised if the photographer may prefer to not have you as a client if you insist on a major change to the material sections of the agreement.

YOU'RE ENTITLED TO A COPY

Don't forget - without a signed contract, you don't have a photographer for your wedding. And be sure you receive a copy that is signed by the photographer.

CHANGES AFTER SIGNING?

If you or the photographer make changes to the agreement, be sure you either sign a new agreement that clearly states that the old one is null and void, or follow up with a letter that amends the agreement and be sure it is signed by both parties.

SAMPLE AGREEMENTS

Copies of typical wedding photography agreements can be viewed by clicking on Sample photography contract, and Sample photography contract No. 2. One of these may or may not resemble the agreement your photographer uses, but they will give you an idea of what to expect.

YOUR WEDDING DAY

Once you and the photographer have signed your wedding photography contract and you have made the appropriate deposits, that's it! You have a wedding photographer. Well done. Before the big day approaches, however, you should probably have a look at our section entitled On your wedding day. You're not off the hook yet; you still have a big part to play in the success of your wedding's photography.