Wedding -Sample- Contract

Marcus Ian · June 18, 2009

In response to Bob's recent post (earlier today -- "a day in court" 2009-6-18) I thought that in the interests of helping out our little community, I'd post a simplified (aka modified) version of my current contract. I cannot claim that I authored it all personally (though I did author significant portions -- look for the plain english sections aka, misspellings, and I didn't really :-) ), though I've had some 'professionals' look at it to give the okay (locally of course), but it's not something that anybody should use in it's current form (lol if you think you do want to use it as is, I'd read the liability clause carefully!).

I would encourage everybody who might consider using it verbatim not to. If you live in certain states, certain portion may not apply, heck they might even be illegal(!) I don't know, I'm not a lawyer in all 50 states (or any for that matter :-) ). Buuuut, this might give you a good starting point. It covers most of the basics I worry about, and it does a good job of covering the talking points I go over with each and every client. Cause a contract is just a piece of paper... Worst case is that it'll give a beginner some things to think about that they might not have.

Oh, and if you feel that you could do better... DO it!, POST it!... And please feel free to post CONSTRUCTIVE criticism (since the last sample I could find in the archives is from '06), or location specific related details (cause some states/countries have very strong publicity/privacy laws)...

...like I said, just trying to do my part...

Here goes:

(I copy pasted from word, so pardon the style: gobbledee goock :-))

- WEDDING PHOTOGRAPHY AGREEMENT -

Event Date: ____________ _____ ____ Time Photography Starts: ____________ Time Photography Ends: ____________

Client Name: ___________________ _______________________________ (if company, refer to POC)

Phone (1): ___________________ ext: ________ Email : _________________________ __________

Phone (2): ___________________ext: ________ Fax : _______________________ ext: ______

Address: _________________________________________________________

______ ___________________________________________________

_________________________________________________________

Site Location (be specific): 1) _______________________________________________ _____________________________

______________________________________________________________________________

2)____________________________________________________________________________

______________________________________________________________________________

Summary and description _________________________________ ___________________________________________

of Services: _________________________________________________________________________________

_______________________________________________________________________________ __

__________________________________________________________________________________

__________________________________________________________________________________

Photography fee agreed to: ______ __________ A minimum deposit of $____ ___ is due at the signing of this agreement, and the remaining balance is to be paid by date of the wedding.

ENTIRE AGREEMENT: This agreement contains the entire understanding between –Photographer - and the -CLIENT-. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties choose to waive one provision of this agreement, it does not change any other provision. Any waivers made at the time of the signing, or agreed to prior, are to be notated on the original contract.

SERVICES RESERVATION: A complete, signed contract (by both parties), as well as the minimum deposit payment are required to reserve the date and time of the photographic coverage.

STYLE SPECIFICS: It is up to the CLIENT to specify the overall desired style of shooting to be done and communicate this with –PHOTOGRAPHER-, it is agreed by both parties that the PHOTOGRAPHER shall attempt to emulate the agreed upon style. PHOTOGRAPHER agrees to use his/her skills, experience, and abilities to to achieve a satisfactory result for the CLIENT. There is no guarantee that the final results will be exactly in line with the CLIENTS vision, and the CLIENT recognizes the photography is an art form both subjective and variable. It is recognized by both parties that, good communication will help facilitate this, and setting aside time at the ceremony/reception for posed/group shots will facilitate a well rounded final product. The CLIENT understands that it is their responsibility to allow and schedule sufficient time for successful documentation of their event. Written timelines/notes ahead of time are helpful in sticking to a schedule and achieving a desirable result. CLIENT’s initials acknowledge their understanding. X_____.

SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are agreed upon by both the CLIENT and PHOTOGRAPHER, and are designed to accomplish the stated goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and –PHOTOGRAPHER- agree that punctuality is essential to that purpose. Shooting commences at the scheduled start time. Additional time MAY be available, however the CLIENT should not expect it with certainty. Any additional shooting time, services, or products should be expected to entail additional costs.

HOUSE RULES: The photographer is limited by any guidelines, or house rules, of a ceremony official (if applicable) or site management. The photographer will abide by these limitations. It is agreed that the CLIENT is responsible for ensuring that these limitations are communicated to the photographer in advance of the date of coverage (the earlier the better), and agrees to accept the technical results of these limitations on the photographer, such negative effects can be but are not limited to, grainier images, limited shot selection, limited composition, and similar. Negotiation with the officials for moderation of guidelines is CLIENT's responsibility ; -PHOTOGRAPHER- will offer technical recommendations only.

COPYRIGHTS: The photographs produced by –PHOTOGRAPHER- are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without –PHOTOGRAPHER- explicitly written permission. Upon final payment by the CLIENT, and delivery of imagery, limited copyright release of the resulting images will be transferred to the CLIENT under the specific conditions/stipulations provided in the ‘copyright release’, and of the nature agreed to by both parties. A signed copy of the copyright release will be provided with the DVD/R or CD/R containing any released files/ digital images.

EXHIBITION: CLIENT grants PHOTOGRAPHER permission to display selected images resulting from this assignment as an example of PHOTOGRAPHER work and for entrance into photographic competitions, publication, or direct printing and release all claims to profits, or direct profits that may arise from the use of images, additionally, CLIENT waves. It is the standard policy of PHOTOGRAPHER to never use such images in a negative manner, and should a specific image or the use of such an image be objectionable to the CLIENT, PHOTOGRAPHER Policy is to discontinue use of such an image as soon as is practical.

MODEL RELEASE: The CLIENT hereby grants to PHOTOGRAPHER and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction. The CLIENT hereby releases PHOTOGRAPHER and its legal representatives and assigns from any and all claims and liability relating to said photographs. The CLIENT agrees that the client’s guests, spouse, family members, and attendees of the event shall be made aware of the photography taking place at this event and that they may at any time become subjects of the photographs. It is the CLIENT’s responsibility to inform attendees of this.

LIMIT OF LIABILITY: In the unlikely event that the photographer is unable to photograph the event, for any reason beyond his control, -PHOTOGRAPHER- will make every reasonable effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the photography fee. –PHOTOGRAPHER- takes great care with respect to the exposure, storage, processing and delivery the images. If, in the unlikely event photographs are lost, destroyed, or stolen for reasons within or beyond –PHOTOGRAPHER- control, -PHOTOGRAPHER- liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals, the photographer also agrees to buy the client a 2009 Mercedes SLK if the client isn't happy. Even in the unlikely event the photographer is found negligent in any respect, liability is limited to a partridge in a pear tree.

SECURITY DEPOSITS: In the event of cancellation by the CLIENT, the security deposit paid is non-refundable. It shall be liquidated damages to –PHOTOGRAPHER- in the event of a breach of contract by CLIENT. The CLIENT shall additionally be responsible for payment for any –PHOTOGRAPHER- costs incurred up to time of cancellation. This can be up to the complete amount of the agreed upon photograhy fee.

COMPLETION SCHEDULE: Photography processing takes approximately ______ days, and proofs s hould be ready for viewing no later than ______ assuming the event/shoot takes place at the scheduled date and time. Expect physical proofs and/or CD/DVD to take an additional 7 to 10 days.

PAYMENT SCHEDULE : Minimum Deposit is due at signing. Balance is payable in full by time of wedding, prior to start of shooting. Payment forms accepted at time of shooting are cash and/or money order. All other forms of payment must have cleared prior to the beginning date/time of coverage.

I (CLIENT) have read and understood the terms above. I hereby agree to the terms of this contract. An accurate reproduction of this contract has the same effect as the original.

Signed _________________________________________ (Client) Date ________________

(CLIENT / CLIENT’s representative)

Signed __________________________________________ (Client) Date ________________

(Representative of –PHOTOGRAPHER-)

betty_lowrey · June 18, 2009

This is very helpful. Thank you for this.

vincent_peri · June 18, 2009

...the photographer also agrees to buy the client a 2009 Mercedes SLK if the client isn't happy.

</blockquote>

This is why I don't shoot weddings LOL.

david_schilling___chicago_ · June 18, 2009

A simple google of "wedding photography contract" will bring up plenty of samples for people to use, welcome to the information super highway.........

Marcus Ian · June 19, 2009

David... I'm clearly to lazy to google... I just type "www.p" and photo.net pops up in my browser... :-P

bobcossar · June 19, 2009

I won't go into it deeply, but I think a bride would be out of her mind to sign that thing regards, Bob

neilambrose · June 19, 2009

Hmm. I'd advise general caution about picking up contracts that weren't written for a specific purpose. Contrary to popular belief, they're not transferable or generally applicable to different situations, jurisdictions or parties.

I have to say I'd never use that contract. In some respects it's adverse on the photographer, and if anyone were to use it, they'd incur a certain liabilities that could otherwise easily be avoided. There are also some drafting mistakes, such as omitting terms of execution and jurisdiction, which would render it insubstantial if it were used in litigation.

Marcus Ian · June 19, 2009

Neil, Bob- care to be specific? It'll help out our beginners here...

alan_bryant1 · June 19, 2009

I'll hazard a guess that "CLIENT waves" should have been "CLIENT waives".

neilambrose · June 19, 2009

Some examples:

The drafting is too loose. Much of it isn't even real English. The paragraph on 'exhibition' is a good example. The fact that its punctuated incorrectly means that it doesn't have the effect you intend. And it also says the client 'waves' certain rights, whereas I expect you mean 'waives'. (If a contract has substantial mistakes in it you will have difficulty in defending it in any legal action - worse case, it can be rendered void.)

The paragraph on model release requires the client to assume the obligation for informing their guests about commercial use of their likenesses. This actually weakens the contract because there is no basis for one party assigning rights on behalf of another, and there's no clause drafted here to extend the rights of model release beyond the client. In legal terms, it's a lot of words but doesn't actually do or mean anything. Worse case, the one bit you are interested in (model release with the client) may be rendered ineffectual because the rest of the clause can't be defended.

The contract requires the photographer to assume liability for shooting in a style the client likes. As much as it mentions that 'style' is nebulous and difficult to pin down, the fact that you've included it in the contract but haven't adequately defined limitations or terms of interpretation means the photographer has an obligation to achieve it - even if it can't be done.

The clause on shooting time places the photographer under an obligation simply because it sets an expectation that extra time may be available. Granted, 'may' is a conditional term, but since there's no definition of conditions that would apply it works for the client as much, and even more, than it does for the photographer. By introducing it you've set grounds for reasonable expectation.

The limitations of liability clause is obviously tongue in cheek, but has rendered the rest of the contract null and void because it's not credible.

The contract doesn't define a jurisdiction for contesting. Without it, a client can bring a legal action in their choice of jurisdiction and it will be your obligation to defend it there.

The lack of care in drafting means the contract can be interpreted as trivial and indeterminate. In other words, absolutely not enforceable.

Marcus Ian · June 19, 2009

Neil- Excellent points. all are worth discussion. Hopefully the young photographers among us will learn something from this discussion.

The drafting is too loose. Much of it isn't even real English. The paragraph on 'exhibition' is a good example....

</blockquote>

I removed some of the location specific text before posting. I didn't proofread the whole thing as this is meant to cover the basics for a beginning photographer, this is not a copy/paste contract nor should it be used as such... sorry if for some reason someone thought it was...(I thought the OP made that clear)!

The paragraph on model release requires the client to assume the obligation for informing their guests about commercial use of their likenesses.

</blockquote>

No, this a misinterpretation. The clause simply obligates the client to notify guests that photography is taking place (and acts as a model release for the client ONLY). This alleviates any potential privacy violation on the part of the photographer, which generally isn't an issue, but helps cover you should a guest feel you've violated their right to privacy.

Since one person cannot waive the rights of another (generally!) there is no clause asking the client to extend model release to their guests (duh! it'd be the first thing thrown out), and by specifically NOT extending the terms, the clause is limited in scope and therefore MORE defensible. I certainly understand what you're saying, but if I tried to do as suggested, I would guarantee the unenforceability of that clause.

The contract requires the photographer to assume liability for shooting in a style the client likes... ...obligation to achieve it - even if it can't be done.

</blockquote>

Yes... We shoot weddings. for clients. who hire us. to shoot weddings. for them. Generally, it's a good idea to produce images that the client actually wants. ... if it 'can't be done' a reasonable explanation why (as well as a reasonable explanation of what you DID do to TRY to do it... remember, you are THE pro ) will sway a judge , because they are reasonable people. Leaving out this specifically relevant 'style' and 'art' guide, puts you in the untenable (and indefensible) position that it's possible you didn't even discuss this with the client (a very very bad idea, with very very bad results, especially as a 'professional')

The clause on shooting time places the photographer under an obligation simply because it sets an expectation that extra time may be available... ...By introducing it you've set grounds for reasonable expectation.

</blockquote>

This is something which I would remove if I ever shot more than one wedding in a day, since I don't, I WANT the client to be thinking about adding time, and the benefit that this will net them. In many cases, their financial situation has changed, and suddenly they can afford more. OTOH if you as a photographer book more than one ceremony in a day, this would definetly be appropriate to remove.

The limitations of liability clause is obviously tongue in cheek, but has rendered the rest of the contract null and void because it's not credible.

</blockquote>

LOL the tongue in cheek part was for some levity, and obviously isn't in any ACTUAL contract. Life is to short to take everything seriously.

The contract doesn't define a jurisdiction for contesting. Without it, a client can bring a legal action in their choice of jurisdiction and it will be your obligation to defend it there.

</blockquote>

I typically write it into a contract that I shoot as a destination wedding (or for remote clients). Your obligation is to defend it there ONLY if the plaintiff can provide justifiable reasoning for choosing that jurisdiction (such as it's where the live, or it's where the wedding was). obviously not something you particularly need to worry about for local clients. Excellent point to bring up though, and depending on your client base, this is something you should seriously consider.

The lack of care in drafting means the contract can be interpreted as trivial and indeterminate. In other words, absolutely not enforceable.

</blockquote>

That is silly on the outset, of course this isn't enforceable, it's not a contract, it's an online post. lol.. in practical application though this is a very good point, despite the fact that in small claims court it's not very likely, how you type, proofread, and finalize your contract all reflect on your level of professionalism.

Though there is one point very good point Neil brought up multiple times -- I accidently removed a clause from the copy posted! which is as follows, good catch Neil!:

SEVERABILITY. In the event that any of the provisions of this Contract are deemed to be invalid or unenforceable, those provisions shall be severable and shall not cause the invalidity or unenforceability of the remainder of this Contract. If such provision(s) shall be deemed invalid due to its (their) scope or breadth, that (those) provision(s) shall be valid to the extent permitted by law.

betty_lowrey · June 20, 2009

After all this, I'm kind of glad I worked in contracts before doing photography. It's a sticky business.

david_schilling___chicago_ · June 20, 2009

Well Betty, looks like you've done a 180 since your initial reply less than two days ago when you stated this was "very helpful".

Marcus, I know your intentions were noble but IMO contracts shouldn't be obtained via "cut & paste" over the internet. For some good information on contracts newcomers might want to start here: <a href="http://www.photo.net/learn/wedding/photography-business/wedding-photographer-contracts">http://www.photo.net/learn/wedding/photography-business/wedding-photographer-contracts</a>

Marcus Ian · June 20, 2009

Marcus, I know your intentions were noble but IMO contracts shouldn't be obtained via "cut & paste" over the internet. For some good information on contracts newcomers might want to start here: <a rel="nofollow" href="../learn/wedding/photography-business/wedding-photographer-contracts">http://www.photo.net/learn/wedding/photography-business/wedding-photographer-contracts</a>

</blockquote>

Of course my intentions were noble :-)

Yeah, I think I said about five times that this shouldn't be used as is or as copy/paste (and god help the person who did!), and that it should ONLY be used as a conversation starter.

Frankly, the article was resoundingly less helpful than most on photo.net. It left huge expanses unadressed, and since most of the contributors said they'd be un-willing to share their actual contracts, how exactly is that helpful?

david_schilling___chicago_ · June 20, 2009

Seems to me that the people that shouldn't copy/paste are exactly the ones that will. Course that may just be me being cynical. In reference to the article, many of them said that they would share their contracts privately via email, which is also what I've done in the past a couple of times.

Marcus Ian · June 21, 2009

David, you're right about that! The ones that shouldn't, do! Well if they do, they are in for some trouble, and if they haven't al least read through the subsequent dialogue then they deserve it :-P

As far as the article goes, I would hesitate to even call it an article, interview maybe? 3 questions? with a large percentage of the answers being one liners? A dip into the waters of contracts shouldn't be shallow, it should be a nice deep dive, Heck I'd be willing to write an article on it myself on my downtime!

logannhatfield · July 20, 2013

Docracy.com provides some great customizable contracts (for free). I'd definitely recommend taking a look there to at least base your contracts off of. It's been really helpful for me. :)

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Wedding -Sample- Contract