7 Must-Haves Photographers Must Have in a Commercial Photography Contract
Do you need a commercial photography contract for your clients? I'm telling you exactly what you must have in your photography contract.
Being able to create a business out of your creative skills is so exciting, but if you're anything like me, you want to ensure your photography business is protected, so you can keep doing what you love and get paid what you deserve. As a lawyer myself who drafts photography contracts for photographers like you, I am giving you all the essentials you need in your commercial photography contract.
You will learn about the crucial terms a commercial photography contract must have so you know exactly what you need in your photography contract terms and conditions and what you need to look for in a model contract for photographers.
After learning all about everything you need for your commercial photography contract, you will know exactly what you need to protect your creativity, your energy and your money!
This post is all about the essential terms every commercial photography contract must have to protect your rights and hard-earned money.
Ultimate Commercial Photography Contract
Photography contract terms and conditions
Your photography contract template should be comprehensive and cover all the crucial elements so there are no misunderstandings or disagreements with your client about the photo shoot or the photos. So, I have made a detailed list of all the fundamentals your photography contract needs below.
1. Licensing > assignment
When it comes to a commercial photography contract, I almost always recommend only giving a license to use the photos to your clients, not assigning all intellectual property rights unless you get paid really well for the assignment. Even then, I would recommend giving the client an unlimited license, which gives the client all the freedom the client wants to use the photos forever, but you still remain the owner of the photos.
Why? Because you have the potential to and likely will earn more money over time with a license (which I'll get into in this blog post, don't worry), and you remain in control of your creative work (which might be worth more).
2. ALWAYS require a deposit
I don't care who the client is; ALWAYS ask for a deposit. If your client does not want to pay you a deposit, run in the opposite direction. That client is not to be trusted.
For one, it is normal to ask for a deposit (for all the beginners out there). Second, the clients who are serious about having a photoshoot done and paying you will only respect you for your professionalism. And, three, you need that deposit as security for when your client cancels on you or feels the need to reschedule a billion times or even ghosts you.
Want to learn more about the deposit and other money-making terms you need in your commercial photography contract? Read this blog post on the 7 Key Money Terms Every Photography Agreement Must Have to Generate a High Income.
3. Cancellation and Postponement
That brings me to the next crucial term of your photography contract terms and conditions; your cancellation and postponement policy.
To avoid disputes or misunderstandings and keep what you deserve (the deposit) in case of a cancellation or last-minute rescheduling, you need to have a very clear and transparent cancellation and postponement policy.
Until how many hours/days before the planned photoshoot may your client cancel or reschedule the photoshoot before they lose all rights to a refund of the deposit or have to pay a rescheduling fee?
You have foregone other photography opportunities because you scheduled this photoshoot with your client. You have likely also done some prep work. So, you deserve to be compensated for that by keeping at least part of the deposit if the client cancels or having the client pay a rescheduling fee if the client reschedules last minute.
4. The what, when, where & how of the photo shoot
But we assume that most clients will make it to the photoshoot. You need to have a clear outline of the process of the photoshoot. You need to specify the date and location and, if applicable, who and what needs to be at that location at that time. Who is responsible for arranging certain materials or persons to be at the photoshoot? Do you agree to be there in advance to test the equipment? What is the maximum duration of the photoshoot (before you start charging more)?
5. Photo delivery and revision rounds
Now that you have outlined the photoshoot process in your commercial photography contract, you need to outline the next phase; the photos and revision of the photos.
Have you agreed on revision rounds? Specify the number of revisions included in the agreed price and any additional fees you will charge for revisions beyond the agreed number of rounds.
Then specify the exact date by which your client must provide feedback on the photos if your client wishes to have revisions made. Then, specify the number of days after that date within which you must deliver the revised photos.
Specify that if you do not receive feedback from your client within the specified number of days, the photos are deemed to be approved/accepted. Also, include that you do not provide any form of compensation for damages or otherwise if you miss a deadline to avoid any arguments with your client if you miss a deadline.
6. Deliverables
The deliverables section of your commercial photography contract should outline what photos your client may expect to receive. This section should specify the number of photos to be delivered, the colour grade, filters and the format of the photos.
Your brief should outline exactly what will be photographed, including the persons, objects, and scenes to be photographed.
Be as specific as you possibly can be to avoid any misunderstandings.
7. Fixed fees & royalties
Remember when I told you earlier in this blog post that you can make more money by giving a license instead of assigning intellectual property rights?
The reason is that you can charge royalties. Royalties are periodic payments (usually on a monthly or quarterly basis) for the use of the photos for a specific purpose. In the case of commercial photography, this is a great source of revenue for many photographers.
You charge a fixed fee for the photo shoot, the revisions and the delivery of the photos. Then, on top of that, you could charge royalties if the photos are used for advertising purposes. You receive a fee every month that the photos are used for advertising.
Specifically, state what advertising purposes the photos may be used for. If the client wants to expand its advertising and use the photos for other advertising, then you can charge a higher fee.
8. Price increases
If the photos are going to be used for more than a year, you may also want to include an automatic annual price increase on a set date that is a percentage of the royalties.
If you get paid $2,000 a year in royalties, and the annual price increase is 2%, you receive an extra $40 next year for literally doing nothing!
Ensure your photography contract terms and conditions include a price index.
9. Editing rights (generate even more money)
this last crucial term for your commercial photography contract is one that no one talks about. But this is a money-maker, and it's the exclusive editing right. It's a clause that states that only you may edit the photos if your client wants to have additional edits made in the future, so after you have gone through the revision rounds and delivered the final product. And you want to include that your client is not permitted to make edits themselves. You can only demand that if you are the owner of the photos. If you have assigned the right to the photos, you can't. That's why I emphasize the importance of giving a license instead of assigning the rights.
This is what every model contract for photographers should have but is often missing, which is unfortunate because this is a great opportunity to earn a bit more. You also stay in touch with your client that way, and when you build a relationship with them, you stay on their minds. They will soon think of another photography project for you.
For example, in the case of product photography, your client may make new colours of that same product in the future. You can then get paid to edit the colour of the product you photographed in the existing photos.
In the case of event photography, your client may decide to host the same event next year and wants to advertise for the next one with your photos, which then need to be edited to a format for the advertising channels used. You can then get paid for editing those photos, and you can charge (higher) royalties for the use of the photos for advertising.
So, even if a client does not want additional edits at first, ensure your commercial photography contract includes such a clause for edits. You never know when a client will change their mind!
Want to learn more about the money-making terms you need in your commercial photography contract? Read this blog post on the 7 Key Money Terms Every Photography Agreement Must Have to Generate a High Income.
Model contract for photographers
Are you in need of a commercial photography contract? My model contract for photographers includes all the fundamentals I discussed in the blog post (and more) for your photography business.
You can get your template on this page of my contract shop!
You can use my model contract for photographers for the following:
brand photography contract template
event photography contract pdf
headshot photography contract template
product photography template
This post was all about the essentials every commercial photography contract template must have for your photography business.
Get the photography contract template that includes all the essentials (and more) on this page of my contract shop!
Want to learn more about the money-making terms you need in your commercial photography contract? Read this blog post on the 7 Key Money Terms Every Photography Agreement Must Have to Generate a High Income.
Are you (also) a videographer? Read this blog post on the 7 Must-Haves for Every Videographer Contract Template.
If you are a videographer, you need a videography contract, which you can get on this page of my contract shop.
Are you a UGC creator? Then read this blog post on the 5 Essentials Every Social Media Content Creator Contract Must Have for UGC Creators.
Are you a content creator or a UGC creator? You need a content creator agreement, which you can get on this page of my contract shop.
