The Intricacies of a Portrait Photography Agreement
A Portrait Photography Agreement Defined
Portraying a neutral stance between Portrait Photographer and Portrait Photography Client, the text provided below is meant to describe the genesis of a Portrait Photography contract as follows: It is the intent of a portrait photography agreement to outline the particulars involved in commissioning a photographer to take photos of an individual, couple or family. Photographers are often self-employed individuals. They may be working from home, a commercial studio, out of a converted garage , or in a basement photo lab. Portrait photographers often times portray themselves as small business owners who are providing a service to their portrait photography clients. All portrait photography services are normally contracted on a case-by-case basis prior to the actual portrait photography session commencing. Portrait Photography Clients hire portrait photographers to take photos of themselves. Couples and families often make hiring a portrait photographer a yearly ritual. A portrait photography agreement is a contract that memorializes the arrangement between a portrait photographer and a portrait photography client. A portrait photography agreement can often clarify the expectations of both parties while protecting both interests from any unforeseen claims, grievances or disputes relating to the photographs being taken.
Defining the Core Components of a Photography Agreement
A well-crafted agreement for portrait photography is tailored to the specific arrangement between the parties. Nonetheless, some key elements should be included: parties to the contract; the location of the session; the date and time of the session; the duration of the session; the type and number of photographs to be delivered to the client; a description of the medium for the deliverables (such as prints, high-resolution digital files on CD, an online gallery, etc.); the total fee for the services, including a deposit if any; the time frame for the delivery of the final deliverables; and, cancellation policies. If model releases and licensing of the photographs are required, such provisions should be included in the contract. It cannot be emphasized enough that a client should read every line of the agreement before signing it. If the photographer wishes to apply the cancellation policy only after the signed contract & deposit have been delivered to the client, that should be spelled out in the contract. The last thing a photographer wants is a disappointed client who feels like he or she was blindsided by the deal.
Usage and Licensing Explained
The agreement should clearly spell out the usage rights and licensing of the photographs to the client. This is important so that both parties have a clear understanding of how the client is able to use the images and so that the photographer has an understanding of how much of the copyright he or she is retaining. That being said, common practice is for photographers to retain at least 100% of the copyright to their photographs, and clients should only be given Copyright 1 (Electronic) Usage Rights, this means that the images can be used electronically (for web, email or other electronic dissemination), but not in print without paying for additional usage rights from the photographer. Copyright 3 (Print) Usage Rights allow the client to use the images in any electronic or print media.
Liability and Limitations
The portrait photography agreement should address liabilities and limitations as follows: Damage to equipment. The liability of the photographer for equipment damage should be limited by the following provisions: Responsibility of client. The client should be responsible for his or her own acts and for those of guests, family members, and employees . The client should reimburse the photographer for loss or damage that is not covered by the limited liability provisions. Liability coverage for both the client and guest should be fully disclosed (see Contingent liability for negligence of others). Acts of God. The liability provisions should exclude acts of God.
Formatting a Photography Agreement
To avoid confusion and potential conflicts between portrait photographers and their clients, it is critical for photographers to enter into written agreements with their clients regarding the terms of their relationships. While there is no one-size-fits-all portrait photography agreement, there are a number of practical tips and best practices that photographers should consider to make sure that their agreements are comprehensive and protect their business and legal interests.
Review the Terms of the Agreement. A portrait photography agreement is customarily prepared by the photographer and signed by the client before the scheduling of the session. Portrait photographers should carefully review the agreement’s terms prior to each execution, with an eye toward updating outdated language to reflect new technologies or industry practices. For example, while a print release form was once deemed sufficient to legally authorize a client to use his or her portrait photo for personal use, including on social media, some photographers also now require a portrait release, or model release, to allow the photographer to use the client’s portrait photo to advertise the photographer’s services or to market the photographer’s business. If a photographer intends to use the portrait photo for those purposes, he or she should coordinate with his or her legal counsel to make necessary changes to the standard portrait photography agreement template.
Consult with Legal Professionals. Portrait photographers should not hesitate to consult with an attorney about the terms of their portrait photography agreements. An attorney can provide advice on the specific types of terms and conditions that an artist should include in his or her agreement to protect against common issues that arise in the portrait photography business. Consulting with an attorney can also ensure that the photographer does not overlook any important provisions that should be included in the portrait photography agreement prior to its execution.
Customize the Terms of the Agreement for Different Types of Sessions. Many photographers offer different types of sessions, ranging from family portrait sessions to newborn portrait sessions, and perhaps even corporate head shots. While many of the terms and conditions in a portrait photography agreement will be common to all types of sessions, photographers should also consider whether any special provisions are necessary to address the unique circumstances of a particular type of session. For example, a portrait photographer who also offers wedding photography services should customize his or her portrait photography agreement to include an option that allows clients to hire the photographer to be their wedding photographer at reduced rates if the clients also book him or her as their portrait photographer.
Amendments and Governance
It is agreed between the parties that any disputes, controversies, or claims that may arise under or in relation to this Portrait Photography Agreement that cannot be resolved by discussion and compromise between the parties shall, at the request of either party, be referred to mediation in accordance with the rules for the time being of the Centre for Effective Dispute Resolution ("CEDR"). If the parties are not prepared to mediate, or if the mediation agreed is unsuccessful, the parties may submit their dispute to final and binding arbitration before a single arbitrator to be agreed upon between the parties. The language used in such arbitration proceedings shall be English. In the absence of agreement, the arbitrator shall be proposed by the President of the Law Society of England and Wales. The seat of the arbitration shall be London, England. The arbitration proceedings shall be governed by and conducted in accordance with the provisions of the Arbitration Act 1996 or any re-enactment thereof .
The award of the arbitrator shall be final and binding upon the parties and judgment may be entered thereon in any court of competent jurisdiction. The parties undertake to give effect to any such decision and will not seek to avoid this agreement to arbitrate by any indirect means. The arbitration shall not be made public, and where possible the parties will keep the information confidential. Such mediation/arbitration shall be the sole remedy available to either party.
Notwithstanding the above, the Photographer and the Client shall have the right to commence proceedings to obtain injunctive relief (or similar emergency protection) before the English Courts to preserve the subject matter of the dispute pending the resolution of the dispute.
Can this Portrait Photography Agreement be modified? Yes, this Portrait Photography Agreement may be amended or modified by a written contract signed by both the Client and the Photographer.