32 Photography Disclaimer Essentials for 15 Photography Niches to Protect Photographers (Part 1)
Wondering what disclaimers you need for your specific photography niche? I'm sharing each photography disclaimer you need for your specific niche to protect your business.
Every niche is completely different within photography, and if you're anything like me, you want to make sure you have every photography disclaimer you need for your specific niche. As a lawyer myself who drafts contracts for photographers like you in all kinds of industries, I'm sharing each photography disclaimer you need to protect your business in your specific niche.
You will learn all about every photography disclaimer you need as I'm sharing the photography disclaimer template for all niches, including every photo disclaimer for events, weddings, family photography, pet photography, commercial photography, product photography, real estate photography, and more.
After learning all about every essential photography disclaimer you must use for your niche, you'll be completely safe, and you can focus on your specific craft!
This post is all about every photography disclaimer every type of photographer must have to protect their businesses in their specific niche.
Every Essential Photography Disclaimer
The ultimate photography disclaimer template with every disclaimer for your niche
So here's a list in descending order of each niche I'll be sharing a photography disclaimer for:
Wedding photography
Event photography
Family photography
Newborn photography
Pet photography
Corporate photography
Commercial photography
Product photography
Portrait photography
Studio photography
Model photography
Fashion photography
Real estate photography
Food photography
Social media photography
In Part 1 (this blog post), I'll discuss each photography disclaimer for each of the first 8 types of photographers.
Read Part 2 to find out about each photography disclaimer for all other 7 photographers!
Every photography disclaimer for... wedding and event photographers!
Here's every photography disclaimer you should include in your photography contract if you are a wedding or event photographer:
Disclaimer for guest behaviour: (Wedding) events can be quite chaotic (especially when alcohol is involved). Intentionally or unintentionally, guests or attendees can get in the way of shots. That means that the client(s) might not get every shot they want, but that's not your fault. Therefore, you should include a photography disclaimer in your contract stating that you disclaim any liability for disruption and missed or bad shots due to such factors that are beyond your control.
Venue restrictions: Certain venues, especially historic properties, hotels, or large properties where multiple events may take place, may have certain restrictions. Some examples are restrictions on flash photography or certain areas being off-limits. These restrictions can lead to, again, missed shots or even lesser quality photos for which you need to include a photography disclaimer in your contract.
Timing disclaimer: Sometimes, the ceremony, reception or event can get delayed because the bride or a speaker at the event is late. Or, the reception or event can go on for hours beyond what you agreed to. The client(s) can ask you to stay for longer than agreed (at an additional fee), but they can not demand that from you. Besides, you might have something else planned after that. Then, they can't hold you liable or pay you less because you could not take as many shots. Therefore, you should use a photography disclaimer stating that the client can't hold you responsible for missed or fewer shots due to these timing issues.
Consent from third parties: This may not be as big an issue at weddings and private events as it may be in the case of commercial events, but in any case where a client hires you to photograph people other than the client and even a specific venue, you must always include a consent claimer. That disclaimer must explicitly put the responsibility on your client to obtain consent from everyone who is being photographed and venues and objects that are the property of third parties. Anyone whose publicity and privacy rights are being breached must claim damages from your client, not you. Also, ensure that you include an indemnity so that if someone claims damages from you, the client must hold you harmless.
These are the photography disclaimers specifically for wedding and event photographers, but there are more disclaimers you'll need that affect photographers in other niches, too.
For example, wedding photographers, event photographers, nature photographers, real estate photographers, and other photographers who do not shoot in their own studios all have the same issue: They do not have complete control over the lighting conditions. That can create issues beyond your control, for which you also need a photography disclaimer.
That is just one of the 9 key general disclaimers that (almost) every photographer must have in their contract.
Learn more about the 9 general photography disclaimers in this blog post on the 9 Key Photography Disclaimers Every Professional Photographer Must Use to Protect Their Money and Boundaries.
Every photography disclaimer for... family and newborn photographers
Newborn/children's behaviour: Newborns and children are unpredictable, and their moods and energy levels often dictate their cooperation and responsiveness. Thus, you must include a photography disclaimer regarding the course of the shoot and the outcomes that are affected by newborn and children's behaviours throughout the shoot. You should also include in your disclaimer that the parent or legal guardian is responsible for the children's actions.
Safety disclaimer: If anything happens to the child or newborn during the shoot, you definitely do not want to be responsible for that. Your only responsibility is to take the best possible photos of the newborn and children. It is the parent's or legal guardian's responsibility to take all necessary precautions to ensure their child is safe. This distinction in responsibilities must be made clear in your contract.
Session length: Your client may have planned for an hour-long photoshoot, but if a newborn or child is done after 30 minutes, they're done. Or, the actual duration of the shoot is shorter because the newborn needs a break for feeding or the child needs a break for a temper tantrum. That does not mean that the client then owes you less because the shoot was stopped early, and you could not take as many photos as planned. Therefore, you must include a photography disclaimer that you cannot guarantee a specific timeframe and that the client can not hold you liable or have a right to be compensated if the photo shoot has a shorter duration.
These are the disclaimers specific to the family and newborn photography niche. For a complete list of all the photography disclaimers every type of photographer needs, read this blog on the 9 Key Photography Disclaimers Every Professional Photographer Must Use to Protect Their Money and Boundaries.
Every photography disclaimer for... pet photographers
Animal behaviour: Just like with children, you can't control what animals do, especially in situations where the pet is uncomfortable or will not listen to their owner. Therefore, you should include a photography disclaimer in your contract regarding limited shots and the outcomes of the shoot that are due to the pet's behaviour.
Safety and handling: You are a photographer and not a dog trainer. Thus, your contract should include a photography disclaimer stating that:
the client is responsible for handling and managing their pet during the session, not you, and
you are not liable (toward the owner or others) for any injuries, accidents or incidents involving their pet, including (if the shoot is outdoors) the pet's interactions with other people and animals in the environment or the pet running away.
These are the disclaimers specific to the pet photography niche. For a complete list of all the disclaimers you must use in general in photography, read this blog on the 9 Key Photography Disclaimers Every Professional Photographer Must Use to Protect Their Money and Boundaries.
Every photography disclaimer for... corporate photographers
Corporate environment: As a corporate photographer, you can be limited by workspace restrictions and interruptions from staff and other people within the building. To make your job as easy as possible and to avoid less shooting time and limited shots, you should include a photography disclaimer in your contract stating that the client is responsible for creating an uninterrupted shooting space and that the employees are available as needed.
Preparation employees: You also depend on the cooperation of multiple employees. They should be available when you need to shoot them and prepared with the proper outfit, hair, and makeup. It's your client's responsibility to make sure they are available and provide makeup and hair stylists if needed. So, make sure your contract has a photography disclaimer that clearly outlines your client's responsibilities.
Employee permissions: For the employees to be photographed for the client's corporate purposes, the consent of each employee is needed. It's your client's responsibility to obtain the legal consent of its employees, not yours. Thus, you should also use a photography disclaimer stating that the client can't hold you liable for any issues arising from lack of consent.
These are the disclaimers specific to your photography niche. For a complete list of all the disclaimers you must use in general in any type of photography, read this blog on the 9 Key Photography Disclaimers Every Professional Photographer Must Use to Protect Their Money and Boundaries.
Every photography disclaimer for... commercial and product photographers
Product appearance: As a commercial or product photographer, you have to deal with whatever sample of the product you must photograph. The quality of the product affects the quality of the photos. Thus, your contract should include a photography disclaimer stating that:
the quality of the photos depends on the quality of the product,
it is the client's responsibility to ensure the products provided to you are in good condition, and
you are not responsible for imperfections in products provided by the client, including any defects or deficiencies, or for inspecting the products for any imperfections before shooting.
Colour accuracy: The colour of the product is going to look different in different lighting. Thus, you should always use a photography disclaimer stating that:
colour accuracy may vary between photos and the actual product appearance, and
you cannot guarantee exact colour matching.
Compliance with laws and platform rules: Obviously, the photos will be used for marketing and advertising purposes. This means that the client must comply with certain marketing, advertising, privacy, and publicity laws that may apply. The client will also need to comply with certain rules that marketing and advertising platforms set for ads. It should not be your job to make sure the photos comply with all those laws and rules. That's the client's responsibility. You're just following the client's brief. To protect yourself, you must include a photography disclaimer in your contract stating that the client can not hold you liable for any consequences that may arise when those laws and rules are breached with those photos, such as penalties, rejections or removals.
As a product or commercial photographer, like other photographers, you also need a photography disclaimer stating that you do not guarantee specific (business) outcomes, such as increased sales, from the use of the photos you've taken. This is one of the general photography disclaimers most photographers need in their contracts. Learn more about this photography disclaimer and other general disclaimer you must also include in your contract in the blog post on the 9 Key Photography Disclaimers Every Professional Photographer Must Use to Protect Their Money and Boundaries.
Every photography disclaimer for... the other 7 photographers
Now, you know about each photography disclaimer for 8 of the 15 types of photographers.
Are you one of the other 7 types of photographers? Then read Part 2 of this blog post: Every Key Disclaimer for Photography in 15 Niches | Protect Your Photography Business (Part 2)
The ultimate photography contract with every short photo disclaimer statement you need for your niche
Want a photography contract that includes every photography disclaimer sample you need for your specific photography niche?
Then check out my photography contract template! It includes a complete photography disclaimer template with every photography disclaimer you need, including a photography disclaimer for social media use!
Learn more about my photography contract on this page of my contract shop!
This post was all about every niche-specific photography disclaimer you must use in your specific photography business.
Learn about every general photography disclaimer every photographer in any niche must have in this blog post on the 9 Key Photography Disclaimers Every Professional Photographer Must Use to Protect Their Money and Boundaries.
Want to generate more money in photography? Read this blog post on the 7 Key Money Terms Every Photography Agreement Must Have to Generate a High Income.
Learn more about all the ways you can earn an income as a photographer in this blog post on the 23 Best Ways to Make Money as a Photographer in Any Niche to Maximise Income.
Do you need a contract template with every photography disclaimer you need for your niche? Get the essential photography contract template customisable to your specific niche on this page of my contract shop!
