make your free photography contract
what we'll cover
what is a photography contract?
a photography contract is an agreement between a photographer and a client (either a business customer or a consumer). photography contracts are legally binding and form the basis on which services are provided by the photographer to the private or corporate client.
this document is gdpr compliant.
when should i use a photography contract?
use this photography contract if you:
-
are a business providing photography services
-
provide photography services to businesses or consumers
-
are based in england, wales or scotland
sample photography contract
the terms in your document will update based on the information you provide
photography services contract
this agreement is made on the date of last signature below between:
agreement
meanings
- in this agreement, the following words are defined:
agreement
this agreement for the provision of the services (as defined below) including any schedules;
confidential information
in relation to either party, any information (whether or not stated to be confidential or marked as such) which that party discloses to the other, or which the other party obtains from any information disclosed to it by that party, either orally or in writing or by any other means, under or in connection with this agreement;
engagement
the engagement of the photographer by the client on the terms of this agreement;
effective date
;
deliverables
all photographs, negatives, videos and other materials provided by the photographer, in whatever form, including but not limited to hard copy and electronic form, which are developed, created, prepared or devised by the photographer in the provision of the services to the client;
intellectual property rights
any invention, patent, utility model right, copyright and related right, registered design, unregistered design right, trade mark, trade name, internet domain name, design right, design, service mark, database rights, topography rights, rights in get-up, rights in goodwill or to sue for passing off and any other rights of a similar nature or other industrial or intellectual property rights owned or used by the photographer in any part of the world whether or not any of the same is registered (or capable of registration), including applications and the right to apply for and be granted, extensions or renewals of, and rights to claim priority from, such rights and all equivalent or similar rights or protections which subsist now or will subsist in the future;
premises
;
services
the services to be provided by the photographer in a photographer capacity for the client as described in the section entitled 'provision of services';
shoot
the number of confirmed days on which the job is undertaken as a whole, or in separate parts;
stated purpose
.
- in this agreement, unless the context requires a different interpretation:
- the singular includes the plural and vice versa;
- references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of this agreement;
- a reference to a person includes firms, companies, government entities, trusts and partnerships;
- "including" is understood to mean "including without limitation";
- reference to any statutory provision includes any modification or amendment of it;
- the headings and subheadings do not form part of this agreement; and
- "writing" or "written" will include fax and e-mail unless otherwise stated.
provision of services
- the photographer shall provide the following services to the client:
- .
- the deliverables are to be sent to the client within a reasonable period of time of the shoot taking place and, in any event, within 30 calendar days, . the photographer shall keep the deliverables for a minimum of months or as otherwise agreed by the parties.
- the shoot is to take place at times to be agreed in advance between the parties.
- the photographer will provide the services (including the delivery of any deliverables) at the premises.
- the photographer shall perform the services with reasonable care and skill, in accordance with:
- generally recognised commercial practices and standards in the applicable industry; and
- all laws and regulations applicable to the services, including all laws and regulations related to (i) anti-bribery and corruption, and (ii) data protection.
- the photographer shall use all reasonable endeavours to observe all health and safety rules and regulations and any other reasonable security requirements that apply at the premises and that have been communicated to the photographer.
term
- the agreement begins on the effective date and will continue until the completion of the services or until notice is given in accordance with the procedure set out in the section entitled 'ending the agreement'.
fees
- the client is responsible for the payment of fees. the photographer will charge the client for the services at the rate of £ per (the fee).
- the client will receive an invoice upon completion of the services. any invoices submitted by the photographer must be paid within 30 days of the date of invoice.
- without prejudice to any other right or remedy that it may have, if the client fails to make any payment due to the photographer under this agreement by the date the payment is due, the client shall pay interest on the overdue amount at a rate of 2% per annum above the bank of england base rate from time to time. such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. the client shall pay the interest together with the overdue amount.
- amounts payable to the photographer under this agreement shall be paid into the following bank account by electronic funds transfer unless otherwise notified by the photographer to the client in writing in accordance with this agreement:
- bank:
- account holder name:
- account number:
- sort code:
- all sums payable to the photographer under this agreement shall become due immediately on its termination, despite any other provision.
expenses
circumstances beyond the control of either party
- neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party.
- such causes include, but are not limited to: power failure, internet service provider failure, acts of god, epidemic, pandemic, civil unrest, fire, flood, droughts, storms, earthquakes, collapse of buildings, explosion or accident, acts of terrorism, acts of war, governmental action, any law or any action taken by a government or public authority including without limitation imposing an export or import restriction, quota or prohibition, or any other event that is beyond the control of the party in question.
- the party affected by a circumstance beyond its control shall use all reasonable endeavours to mitigate the effect of the force majeure upon the performance of its obligations.
- the corresponding obligations of the other party will be suspended to the same extent as those of the party affected by a force majeure event.
- if the delay continues for a period of 90 days, either party may terminate or cancel the services to be carried out under this agreement.
indemnity
- the photographer shall only be responsible for obtaining clearance in respect of third party copyright works, trade marks, designs or any other intellectual property rights if this has been expressly agreed in writing with the client before the shoot.
- in all other cases, the client shall be responsible for obtaining such clearances and will indemnify the photographer against all expenses, damages, claims and legal costs arising out of any failure to obtain such clearances.
liability and insurance
- nothing in this agreement limits or excludes either party’s liability for:
- death or personal injury caused by its negligence; or
- fraud or fraudulent misrepresentation or wilful default; or
- liability under the indemnities contained in the section entitled 'indemnity'; or
- any other liability which cannot be limited or excluded by applicable law.
- subject to the preceding clause, neither party shall have any liability to the other party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement, for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of use or corruption of software, data or information;
- any indirect or consequential loss.
- subject to the two preceding clauses and the clause above (indemnity), the total liability of for any other loss of the in respect of any one event or series of connected events shall not exceed £.
- during this agreement, the photographer and the client shall each maintain in force with a reputable insurance company insurance sufficient to indemnify risks for which they may be responsible, including for their respective sub-contractors, agents and employees, in connection with the services, and shall, on either party’s request, produce both the insurance certificate giving details of cover and the receipt for the current year's premium.
confidential information
- the photographer acknowledges that, in the course of the engagement, it may have access to confidential information. the photographer agrees to accept the restrictions in this clause.
- the photographer shall not (except in the proper course of its duties), either during the engagement or at any time after the expiry or termination of this agreement (for whatever reason), use or disclose to any third party (and shall use best endeavours to prevent the publication or disclosure of) any confidential information. this restriction does not apply to:
- any use or disclosure authorised by the client or required by law; or
- any information which is already in or which comes into the public domain otherwise than through the photographer's unauthorised disclosure.
intellectual property
- the entire copyright in the deliverables, including ownership of all materials embodying these rights to the fullest extent permitted by law, is retained by the photographer at all times throughout the world.
- the photographer grants the client a royalty-free, exclusive, perpetual worldwide licence of all existing and future intellectual property rights in the deliverables and all materials for the stated purpose.
- insofar as they do not vest automatically by operation of law or under this agreement, the photographer holds legal title in these rights on trust for the client.
- the licence comes into effect from the date of payment of the fees.
- no use may be made of the deliverables without the photographer’s permission until after payment of the fees is made in full. any permission that may be given for prior use of the deliverables will be automatically revoked if full payment of the fees is not made by the due date or if the client is put into receivership or liquidation.
- where use of the deliverables is restricted in the licence, permission to use the deliverables for any purpose other than the stated purpose will be granted upon full payment by the client of a further fee to be agreed with the photographer.
- the benefit of the licence shall not be assigned to any third party without the photographer’s permission in writing.
- any changes required to the terms of the licence must be agreed with the photographer in writing.
- the photographer reserves the right to use the deliverables for advertising, display or for any other purpose not restricted to use in their portfolio.
ending the agreement
- either party may terminate this agreement by giving the other party written notice.
- a party may terminate the agreement immediately by giving written notice to the other party if that other party:
- does not pay any sum due to it under the agreement within 30 days of the due date for payment;
- commits a material breach of the agreement which, if capable of remedy, it fails to remedy within 14 days after being given written notice specifying full particulars of the breach and requiring it to be remedied;
- persistently breaches any term of the agreement;
- is dissolved, ceases to conduct substantially all of its business or becomes unable to pay its debts as they fall due;
- is a company over any of whose assets or property a receiver is appointed;
- makes any voluntary arrangement with its creditors or (if a company) becomes subject to an administration order (within the meaning of the insolvency act 1986);
- (if an individual or firm) has a bankruptcy order made against it or (if a company) goes into liquidation;
- undergoes a change of control (within the meaning of section 1124 of the corporation tax act 2010); or
- (if an individual) dies or as a result of illness or incapacity becomes incapable of managing their own affairs.
consequences of ending the agreement
- on termination or expiry of this agreement, the client shall immediately pay to the photographer all of the photographer’s outstanding unpaid invoices and interest.
- termination or expiry of the agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
- other than as set out in this agreement, neither party shall have any further obligation to the other under the agreement after its termination.
privacy
- the photographer respects the client’s privacy and complies with the gdpr with regard to the client’s personal information.
- this agreement should be read alongside and is in addition to the photographer’s privacy policy.
- for the purposes of this agreement:
- 'data protection laws' means any applicable law relating to the processing of personal data, including, but not limited to, the gdpr.
- 'gdpr' means the uk general data protection regulation.
- 'personal data' and 'processing' shall have the same meaning as in the gdpr.
- where the client supplies personal data to the photographer for the provision of the services and the photographer processes that personal data in the course of providing the services to the client, the photographer will comply with the obligations imposed by the data protection laws. the photographer's compliance will involve, but is not limited to:
- before or at the time of collecting personal data, the photographer will identify the purposes for which information is being collected;
- the photographer will only process personal data for the purposes identified;
- the photographer will respect the client’s rights in relation to personal data;
- the photographer will implement technical and organisational measures to ensure the client’s personal data is secure; and
- the photographer will assist the client in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the relevant supervisory authority (as defined in the gdpr), the communication of personal data breaches to the data subject, and data protection impact assessments (as defined in the gdpr).
- for any enquiries or complaints regarding data privacy, the client can email the photographer at .
general
- this agreement contains the whole agreement between the parties relating to its subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the agreement. nothing in this clause limits or excludes any liability for fraud or fraudulent misrepresentation.
- no party may assign, transfer or sub-contract to any third party the benefit and/or burden of the agreement without the prior written consent (not to be unreasonably withheld) of the other party.
- no variation of the agreement will be valid or binding unless it is recorded in writing and signed by or on behalf of both parties.
- the contracts (rights of third parties) act 1999 does not apply to the agreement and no third party has any right to enforce or rely on any provision of the agreement.
- unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- a provision which by its intent or terms is meant to survive the termination of the agreement will do so.
- if any court or competent authority finds that any provision (or part) of the agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the agreement will not be affected.
- this agreement is not an employment contract and nothing in the agreement will establish any employment relationship between the photographer and the client.
- any notice (other than in legal proceedings) to be delivered under the agreement must be in writing and delivered by pre-paid first class post to or left by hand delivery at the photographer's registered address or place of business, or sent by email to the photographer's main business email address: . notices:
- sent by post will be deemed to have been received, where posted from and to addresses in the united kingdom, on the second working day (which, for the purposes of this agreement, means any day other than a saturday, sunday or public holiday in england and wales) and, where posted from or to addresses outside the united kingdom, on the tenth working day following the date of posting;
- delivered by hand will be deemed to have been received at the time the notice is left at the proper address; and
- sent by email will be deemed to have been received on the next working day after sending.
governing law and jurisdiction
- this agreement will be governed by and interpreted according to english and welsh law. all disputes and claims arising under the agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the english and welsh courts.
the parties have signed this agreement on the date(s) below:
about photography contracts
learn more about making your photography contract
-
how to make a photography contract
making a photography contract online is simple. just answer a few questions and 2022世界杯32强抽签时间 will build your document for you. when you have all of the details prepared in advance, making your document is a quick and easy process.
to make your photography contract you will need the following information:
party details
-
what are the photographer’s details (eg legal structure, name and address)?
-
if the photographer is a company, partnership or llp:
-
who will sign the contract on its behalf?
-
who will provide the photography services?
-
-
what are the client’s details (eg legal structure, name and address)?
-
if the client is a company, partnership or llp, who will sign the contract on its behalf?
-
services
-
what services will the photographer provide?
-
where will the services be provided?
-
will the photography services be provided on one day or over multiple days?
-
when will the photography services be provided?
deliverables
-
how will the deliverables be provided to the client?
-
for how many months will the photographer keep the deliverables?
-
for what purpose can the client use the deliverables?
payments
-
does a deposit need to be paid? if so:
-
what is the deposit amount?
-
how many days after agreeing to the services does the deposit need to be paid?
-
-
what are the photographer's fees? is vat included, excluded, or not applicable?
if the client is a private individual
-
after receiving an invoice, how many days does the client have to pay?
-
does the photographer accept cash payments?
-
will there be a penalty for overdue fees? if so, will the penalty be charged as:
-
a set fee? how many days after the date of an invoice can the photographer charge a penalty fee? how much is the penalty fee?
-
interest?
-
if the client is a business
-
what are the details of the photographer's bank account?
-
will both the client's and photographer's liability be limited?
-
if so, what is the maximum liability of the client and the photographer for each other's business losses?
-
if not, what is the maximum liability of the photographer for the client's business losses?
-
cancellations and expenses
-
will fees remain payable if the shoot is cancelled?
-
what expenses will the client reimburse to the photographer?
miscellaneous provisions
-
how much notice needs to be given by either party to end the contract?
-
what is the photographer's main email address?
-
where can a copy of the photographer's privacy policy be obtained from?
-
what is the date of the contract?
-
if the photographer and/or the client is based in scotland, will the contract be governed by the laws of england and wales or the laws of scotland?
-
-
common terms in a photography contract
photography contracts help protect the parties by keeping records of the details of the provision of services. as a result, the contract covers:
parties
the contract starts by clearly identifying the parties to the photography contract (ie the photographer and the client).
agreement
this section defines certain key terms used throughout the contract. examples include ‘engagement’, ‘deliverables’, ‘services’ and ‘shoot’.
provision of services
this section sets out how the services will be provided to the client. this includes details on when the photoshoot will take place and within what time frame the deliverables will be provided to the client.
where relevant, this section also details what fees apply if the shoot is cancelled for reasons outside the control of the photographer.
term
this section sets out when the contract will come to an end (ie either after the photography services have been provided or if the contract is ended early).
deposit
this section will only be included if a deposit needs to be paid to secure the photography services. this section details how much the deposit is, when it needs to be paid and when it is non-refundable.
fees
this section sets out the photographer’s hourly or daily rate, which the client must pay in exchange for the services. it also details whether vat is included, excluded or not applicable.
this section also covers invoices, setting out when and how they should be paid and what happens if the client is late paying the photographer’s invoices (eg when interest may be charged).
expenses
this section details what expenses (if any) the client will reimburse to the photographer.
circumstances beyond the control of either party
this section will only be included if the client is a business. it sets out what happens in circumstances beyond the control of the parties.
this section acts as a force majeure clause and sets out that neither party is liable for a failure or delay in performing its obligations under the contract where this failure or delay was caused by something outside of their control. it also provides examples of force majeure events (eg pandemics) and sets out what the other party’s options are.
indemnity
this section will only be included if the client is a business. an indemnity is a promise of compensation for any losses suffered as a consequence of a specific trigger event. an example of the indemnities in this contract is the photographer’s having to obtain clearance from owners of third-party intellectual property (ip) rights if this has expressly been agreed in writing with the client in advance.
liability and insurance
this section sets out the rules for when the photographer and client may be liable (ie legally responsible) for certain occurrences.
the section also sets out instances in which neither party is usually liable to the other’s losses (eg for loss of profits) and instances in which liability cannot be limited (eg if one party causes the other death or personal injury by their negligence).
this section also requires the parties to hold insurance that’s sufficient to indemnify (ie cover) costs they may have to pay if they’re liable to pay another party compensation following legal claims in connection with this contract.
confidential information
this section will only be included if the client is a business. it explains that the photographer may have access to the client’s confidential information during the course of the contract. it details that this information may not be disclosed to anyone (during the course of the contract or afterwards) apart from in limited circumstances (eg where disclosure is necessary to comply with the law).
intellectual property
this section explains how ip rights created under the photography contract are handled. specifically, it sets out that the copyright in all deliverables belongs to the photographer who is granting the client a royalty-free, exclusive, perpetual worldwide licence to use the deliverables for the purposes set out in the contract.
ending the agreement
this section sets out how the photography contract can be ended. for example, by either party giving a certain amount of notice to the other, or without notice, by either party, if the other breaches certain terms of the contract.
if the client is a private individual, this section also explains when the contract may be temporarily suspended. for example, if one party is ill.
consequences of ending the agreement
this section will only be included if the client is a business. it explains what will happen when the contract is brought to an end. specifically, it highlights that the client must pay the photographer's fees and all outstanding invoices and that termination of the contract does not affect any rights, remedies, obligations or liabilities of the parties under the contract.
privacy
this section covers the photographer’s obligations under data protection laws. this includes details on how the photographer will uphold the client’s privacy and ensure their personal data is protected.
general
this section covers various other points of law that govern how this photography contract operates. these are often known as ‘boilerplate clauses’ and include:
-
only allowing amendments and variations to the agreement to be made in writing
-
this contract constituting the entire agreement between the parties
-
excluding the contracts (rights of third parties) act 1999 or the contract (third party rights) (scotland) act 2017 which, in essence, means that third parties (ie not the photographer or client) that would otherwise be able to enforce obligations under this contract under the act cannot do so
-
clarifying that the contract does not create an employment relationship between the photographer and the client
-
setting out how any notices (or other similar communications) given under the contract should be delivered
governing law and jurisdiction
this section sets out which country’s legal system must be used to resolve any disputes. this is known as the contract’s ‘jurisdiction’. this is necessary because the legal systems of england and wales and the legal systems of scotland are different.
if you want your photography contract to include further or more detailed provisions, you can edit your document. however, if you do this, you may want a lawyer to review or change the photography contract for you, to make sure it complies with all relevant laws and meets your specific needs. ask a lawyer for assistance.
-
-
legal tips for making a photography contract
clearly communicate with your clients
your photography contract acts as a formal, legally binding, written record of the key terms of the service relationship between yourself (as the photographer) and your client. while your contract is an important part of your business relationship, your communication shouldn’t be limited to formal exchanges like this. where possible and appropriate, speak to your client about their expectations and discuss how you can meet them.
understand when to seek advice from a lawyer
ask a lawyer if:
-
the document doesn't meet your needs or cover what you want
-
you are based outside england, wales and scotland
-
photography contract faqs
-
what is included in a photography contract?
this photography contract covers:
-
photographer details
-
client details
-
provision of services from the photographer
-
deposits, fees and expenses
-
the deliverables
-
how payment should be made
-
late collection fees
-
liability and insurance
-
termination of the contract
-
-
why do i need a photography contract?
businesses and consumers may require the services of a photographer to ensure that images are professionally captured for promotional purposes, special events or personal use. entering into a photography contract not only offers certainty but also helps protect both parties by setting out the terms of the contract regarding the photography services to be provided. you should use a photography contract whenever you provide photography services to private clients (ie consumers) or corporate clients. entering into a formal, legally binding contract helps the parties to avoid any potential future legal disputes.
-
what are the deliverables?
the deliverables are all photographs, negatives, videos and other materials provided by the photographer as part of the service.
-
should the photographer issue invoices under the photography contract?
an invoice provides a record of services provided (or goods sold) and the amount payable in exchange for them. as a photographer, you should send an invoice to request payment for your photography services after you have provided them. your client should then pay the invoice in accordance with the terms of this photography contract. for more information, read invoicing.
-
do i need a privacy policy when providing photography services?
anyone providing photography services needs to have a privacy policy in place if a client supplies personal data to them for the provision of the services. personal data is information that relates to private individuals who can be personally identified from that data, either on its own or in conjunction with other information held. examples of personal data include names and addresses.
as a photographer, you should use our privacy policy if you have a website and handle (ie process) personal data. ask a lawyer for more information.
-
how can the photography contract be ended?
this photography contract allows you to specify the notice period that must be given by either party if they wish to end the contract. the contract can be terminated immediately by either party if there is a breach of obligation from the client or the photographer.
our quality guarantee
we guarantee our service is safe and secure, and that properly signed 2022世界杯32强抽签时间 documents are legally enforceable under uk laws.
need help? no problem!
ask a question for free or get affordable legal advice from our lawyer.