If your client books a specific time at which to have a photo shoot and does not show, a retainer fee ensures that you are not left empty handed for an hour or two block of time in which you aren't able to take photos. The retainer fee should be reasonable and there should be a time cutoff at which the client can call and cancel (typically about 48 or 72 hours beforehand) so that you may book another session or rearrange your schedule to make up for the lost session.
Right to Digital Files
This is a big one. Make sure you specifically state what the client has access to as far as digital files and what they are allowed to do with those files. In most cases, the photographer will own the copyright to all the files and sell “copies” to the client. You need to specify what alterations, if any, are allowable. Things like re-cropping and text overlays may be okay, but you certainly don't want your client changing the colors, white balance, highlights, and shadows of an image and passing it off as your work.
- Photographer's Survival Manual: A Legal Guide for Artists in the Digital Age
- Legal Handbook for Photographers: The Rights and Liabilities of Making Images
- Business and Legal Forms for Photographers
Usage of Images
Along with copyright, also be sure that the client knows if you are allowed to use the images you take of them for promotional and advertising purposes. If you are, also note that you will need a model release. The client typically cannot use the photos you sell them for promotion or advertising unless that's what they're specifically paying for.
Clause about “The Kiss”
If you're shooting a wedding, you should discuss “the kiss” with your clients. Of course they will want this shot, but if the kiss only lasts a second, you may not have the time to properly capture the moment. Make sure that the client knows that you need ample time to get the shot and that if they do not cooperate you cannot guarantee the photo.
- Selling Your Photography: How to Make Money in New and Traditional Markets
- Licensing Photography
- Starting Your Career as a Freelance Photographer
Payment Summary
List specifically what the client is paying for so there will be no disputes later. Name all prints, digital files, and other miscellaneous deliverables that the client will be receiving. Also put a breakdown of prices for other things such as editing, touch-ups, and reprints if those are an additional cost.
Food
If you're shooting at an event for a long length of time and food is being served, make sure that there is an agreement about if and when you can eat. Photographers have to eat too and it's important that you settle this beforehand so you don't end up passing out in the middle of an event. If you're shooting a wedding, the best time to eat would be when the bride and groom are eating because you typically don't want photos of them at this time. However, as soon as they're up and about talking with their friends, it's time to shoot again.
Recommended Cameras:
Nikon D500 | Nikon D3300 | Canon EOS Rebel T5 | Sony A7RII | Canon 7D Mark II
Delivery method
Make sure your client knows when and how your photos will be delivered. Will it be prints? CDs? SD cards? Be flexible on how you get the photos to them, but make sure they know what to expect. You may also want to add a finality cause stating that you have selected all the quality photos and once you deliver the photos to them that you will not go back and look for more “usable” photos.
Late payments
Always lay out specific terms of late fees for not paying on time.
Refunds
State what conditions do and do not constitute a refund. Illness, tardiness, absence, bad weather, no access to location, and dissatisfaction on the part of either the client or the photographer need to be specified in this section.
Accidents
This covers some unlikely but possible problems such as injury to the client or photographer, broken camera, lost files, etc. Most of these cases fall in favor of the client and a re-shoot or refund are often offered as compensation.
Also Read: 5 COMMON REASONS FOR TAKING PHOTOS FOR FREE AND WHY IT IS WRONG TO DO SO.
Recommended Reading:
- 2013 Photographer's Market: The Most Trusted Guide to Selling Your Photography
- Best Business Practices for Photographers
- The Fast Track Photographer Business Plan: Build a Successful Photography Venture from the Ground Up
- Group Portrait Photography Handbook
- The Best of Family Portrait Photography: Professional Techniques and Images
- 500 Poses for Photographing Group PortraitsSelling Your Photography: How to Make Money in New and Traditional Markets
- Starting Your Career as a Freelance Photographer
- Photographer's Survival Manual: A Legal Guide for Artists in the Digital Age
- Legal Handbook for Photographers: The Rights and Liabilities of Making Images
- Taking Stock: Make money in microstock creating photos that sell
- Going Pro: How to Make the Leap from Aspiring to Professional Photographer
Image credit: iofoto / 123RF Stock Photo
Written by Spencer Seastrom