When you hire a photographer, it’s essential to understand the legal terms that govern the use of the images and the rights of both parties. Contracts and model releases help ensure that everyone is on the same page regarding how photos can be used and what permissions are granted. Below I’m sharing my photography contract - with a bit of explanation - to provide clarity and help you navigate the legal aspects of working with your photographer.
MAGGIE TAKES PIX CONTRACT LANGUAGE
Retainer and Payment
The Client shall make a non-refundable retainer to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Payment for product orders shall be submitted to Photographer at the ordering session via cash, check, credit card, or PayPal. Payment plans are available.
What this means: The retainer fee payment guarantees your time on my calendar – I will dedicate that time to you and not book anyone else. This fee is not refundable, as it is not for a particular product or service, although planning for your session will begin immediately. Product orders are not placed until payment is received in full. A fully refundable escrow is available if you wish to make payments, beyond the retainer fee, for either the session or any products ordered.
Cancellation/Rescheduling/Late Arrivals
If Client requests to amend or cancel this agreement two or more calendar days before the session date, the retainer shall be applied a mutually agreed upon reschedule date. If Client cancels this agreement one or fewer calendar days before the session date, or fails to show, the retainer shall be forfeited.
In the event that the Client requests to reschedule a session, the rescheduled event must be within the same calendar year.
If the Client arrives late to the session, that amount of time will be deducted from the time allotted for the session.
What this means: Planning the session is part of the work that happens before you arrive. I understand that sometimes things happen, and you may need to change the date/time. Please communicate with me as soon as you think you may need to cancel! If you think you are getting sick, let me know. If your schedule changes, let me know. Sometimes other people are involved in your session, such as hair and makeup artists or other assistants, who have also blocked time on their schedule for you. We’ve set a time dedicated to you, and other plans have been made around this time. It may not be possible to accommodate last minute changes.
Use of Independent Contractor • Initials required
In the event the Photographer furnishes a hair and/or makeup artist, the Photographer is not liable for any application or services by this independent contractor. This includes but is not limited to allergies as a result of use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
What this means: My artists are not employees. I am not responsible for their business practices. The service is arranged for your benefit, but you must communicate with them. Let them know of allergies before they put product on you. Let them know if you want changes to any of the styling BEFORE we begin photographing you. I require initials on this clause that indicate you have read and understood that I am not the party responsible for services I do not directly control.
Artistic Rights/Creative Control
The Photographer retains creative control of the session. This control includes but is not limited to adjustment of hair, makeup, jewelry, clothing, clothing straps, and posing.
The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.
What this means: If I see something out of place, such as a lock of hair falling in the wrong way or a bra strap or necklace clasp showing, I ask for permission to make adjustments. If you do not want me to approach you closely, I will ask you to make those adjustments. If you do not want those adjustments made, know that post-session editing may or may not include cleaning up those issues. As the photographer, I get to choose what images I share with you from the session and how I edit the final files.
Completion Schedule
The Photographer shall make select gallery proofs available to the Client through an in-person ordering session within two weeks of the session. Please ensure all decision-makers attend, as additional ordering appointments will incur a $50 fee. All print orders must be placed at the ordering appointment. Once an order is placed with the lab, it cannot be canceled, and no refunds will be issued. No prints, negatives, or digital files will be released until the agreed upon amount is paid in full.
Prints generally take two weeks from time of print order to be processed and delivered to Client. Albums can take several weeks to months to design and produce. Client should place order with enough time to allow for normal delays, and notify Photographer of any requested delivery deadlines. Photographer shall not be held responsible for delivery delays.
The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time the order is placed.
What this means: We’re going to meet to go through the photos I’ve selected from your session to determine which ones you’d like to purchase and have fully retouched. I’ve found that this meeting helps everyone make better decisions more easily. We’ll work together to create print products you are happy to display, whether it’s a well-designed wall gallery or an album. If you have a deadline, such as for a holiday / anniversary / birthday gift, I need to know up front so we can plan for production and shipping timelines. Prices from my suppliers change, therefore so do mine, and I cannot guarantee that an item will be available for the same price later.
Copyright and Reproduction • Initials required
All photographic materials, including but not limited to negatives, proofs, and previews, shall be the exclusive property of the Photographer.
The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorized for any reproduction by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Clients shall not copy, download, screen shot, or capture the photographs in any other fashion.
What this means: The federal Copyright Act protects photographers by giving the creator of the photograph the exclusive rights to copy, edit, and distribute the image by sale or transfer. These exclusive rights make it illegal to copy, scan, edit, or share photographic prints and digital media without the photographer’s permission. That said, reasonable requests can be accommodated! You may use your purchased or gifted photographs almost anywhere – and I do grant print release for most purchases.
Failure to Perform
If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
What this means: Just as I want you to keep your session date/time, I recognize that you want the same from me. If we cannot reschedule due to my inability to keep our appointment, I’ll either give you back your retainer fee OR I will hire a replacement professional photographer to serve you. If something goes wrong with my equipment and the photographs I’ve taken are not usable, I’ll offer you the option of a re-shoot or refund of your retainer.
Indemnification • Initials required
The Photographer shall be held harmless for any and all injury to Client during the course of the photography session and the immediately surrounding events.
What this means: I’m not responsible if you get hurt coming to, attending, or leaving our session, regardless of when and where we hold it. Please exercise appropriate caution!
Miscellany
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $250. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the Commonwealth of Virginia.
The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
What this means: If we’ve got a disagreement about your portrait session or the photographs produced, we’ll try to work it out here in Amherst County, and any damage amounts are limited to the investment made by either of us. If the disagreement is over just part of the contract, the rest of it is still effective.
POTENTIAL ADDITIONAL CLAUSES
Headshots
Headshots are inherently commercial, rather than personal. Images produced include limited commercial usage rights for social media, website, and small business marketing materials. All other uses require photographer approval in writing and may incur an additional fee.
What this means: If you are coming in for a headshot session, I am granting you the rights to print, edit, and publish your photographs wherever you need, except for resale and entry into contests, as stated in the copyright section of our contract.
Model Calls • Initials required
In exchange for a signed model release for each participant in a Model Call, the photographer's standard session fee will be waived. Images will be selected by the photographer for use in such applications as marketing materials, portfolios, or product samples. Digital copies of these artist-selected images will be provided to the participants in the model call.
Additional (unselected) images are available for viewing and ordering at an in-person sales session, if desired. Products will be available for 50% off the photographer's standard charge at the time of ordering, except for framed prints, which will be available for 25% off.
If at any time the model or models cancel this image-use release agreement, the standard session fee and the cost of all provided images at the time of the session will be due in full within seven (7) calendar days of the date notice was provided to the photographer of the cancellation. Upon receipt of the cancellation request, photographer will cease to use the images and remove them from websites, social media platforms, and all future print media as best as can be reasonably expected.
What this means: If your photographs are taken for my use in advertising future paid sessions, you are gifted digital files of the same images I choose for your personal and/or portfolio use. I retain all artistic control and copyright for these images; subsequent editing or commercial sale are not allowed. If you wish to view additional proofs, we will meet for an in-person ordering session, as per the paragraph above labeled Completion Schedule. Significant discounts are offered. If you later decide that I cannot use your images, you agree to pay the appropriate session fee and the standard price for any products provided at the rate in effect at the time of cancellation.
MODEL RELEASE
Authorization
I authorize Margaret “Maggie” McCanna, the Photographer, to use and to create images for promotional material, online usage, and other areas of marketability. I further authorize the distribution of photographs to potential clients of the Photographer for portfolio purposes.
No Compensation
I further acknowledge that I will not be compensated, either now or at any time in the future, for any use of marketing, and that the Photographer of such photos exclusively owns all rights.
No Legal Proceedings
I also hereby waive all rights and release the Photographer, and shall neither sue nor bring any proceeding against the Photographer or her agents for any claim or cause of action whether now known or unknown, for defamation, invasion of right to privacy or personality or any similar matter based upon or relating to the use and exploitation of the photos.
No Further Approval of Use
I hereby waive any right that I may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.
Use of Name
I consent to the use of my own name or any fictitious name which may be chosen in connection with the aforesaid photographs.
Agreement
I agree that I have read and understood the contents hereof, and that I have the right and authority to execute this release.
Having these agreements are designed to prevent misunderstandings and protect both your photographer and you. All parties should be aware of their rights and responsibilities, making for a professional experience. Always review documents carefully before signing, and feel free to ask questions if anything is unclear. I look forward to working with you!