Do You Need a Contract?
By: Daniel
The quick and easy answer is yes, you do need a contract, model release, and/or property release. But in this blog, we’ll just discuss contracts and not model releases, property releases, etc.
Why do you need a contract? Because it protects both you and the client. Your contract, whether it’s a wedding contract, portrait contract, event contract, graduating senior contract, etc. should cover everything: The cost to them, terms of payment, the date of the shoot, the location(s), number of people involved, what you will deliver to them after the session, and what is expected of them. It is essential that both you and your client know precisely what you will photograph and what they will receive as a result of your photography. If you’re going to do post processing as part of the price of your session, that should be stipulated. If not, and you charge for post processing, then that should be clearly stated in the contract, along with what your fee is for post processing. Will you give them digital images? If so, how many and at what resolution should be clear in the contract. If prints, print books, albums, etc. are to be included in the session that must be delineated in the contract. Who’s involved in the session. If it’s a graduating senior, his/her name must be included. If the graduating senior is under the age of 18, you must get a parent or legal guardian to sign the contract, because a minor is not legally competent to sign a contract. And in my case, I stipulate, in the contract, that a parent or legal guardian must be present during the photo session. The same terms apply for a model session. You need a contract for every photo shoot you do. If it’s your wife, brother or sister, you don’t have to do that, although that’s up to you. But if it’s anyone else you need a contract. I’ve had photographer friends who got into trouble shooting for friends when after the shoot they disagreed on what was going to be included in the package. A contract would have resolved that issue. If you run into something unexpected on a shoot that isn’t in your contract, put it in as soon as you get home so that it’s covered in your next session. In all the years I’ve been doing photography I’ve only had one person who objected to a contract and it was a very simple shoot of a couple. Needless to say I didn’t do their photography, things like that raise flags. Why would a person balk at signing a contract?
When do you have your client read and sign a contract? Prior to the photo session. You do this because the contract will list how much you will be paid for the photo shoot and when. I require a 50% non-refunable retainer for a client to book me. That too needs to be in the contract. The remaining 50% (in my case) must be paid no later than the day of the photo session. I did the same thing for weddings regardless of the cost of the wedding. In the words of a famous wedding photographer (Hanson Fong), “After the wedding you’re just another bill.” So, if you shoot weddings get paid up front.
Where do you sign the contract. In person. Prior to the session. Sometimes you can’t always do it weeks or days ahead of the session, but it must be done before your finger ever touches the shutter button. Where can you find examples of contracts? If you’re a pro and you’re a member of PPA (Professional Photographers of America) you will find examples of various contracts on their website that you can download and revise to meet your needs. If you’re not a member of PPA find examples online and you can write your own. If in doubt of anything, have a contract attorney look it over to ensure it complies with the laws of your state. People expect contracts and I believe clients would be wondering why you didn’t have them sign a contract, so have fun and draw up a contract or several that cover the types of shooting that you do.
Daniel
