9 Key Photography Disclaimers Every Professional Photographer Must Use to Protect Their Money and Boundaries
Wondering what photography disclaimers you need for your business and niche? I'm sharing the key disclaimers for photographers in any niche to protect their IP, money, and business.
Having your own photography business is amazing, but if you're anything like me, you want to make sure no one can hurt your photography business and just focus on your craft. As a lawyer myself who drafts contracts for professional photographers like you, I'm sharing the key photography disclaimers you need to protect your business.
You will learn all about the crucial photography disclaimers you must use, including photography disclaimer examples that are relevant to your specific photography niche, and we'll get into the photo disclaimer for events and the photo disclaimer for social media.
After learning all about the essential photography disclaimers you must use, you'll keep your business safe so you can focus on and enjoy your craft!
This post is all about the key photography disclaimers every professional photographer must have to protect their craft, money and business.
Key Photography Disclaimers
Every photography disclaimer all photographers must use
1. Liability disclaimer
First and foremost, one of the main photography disclaimers you must include in your contract is a liability disclaimer.
The liability disclaimer should make clear to your clients that you are not liable for any injuries, accidents, or damages that may occur during the photoshoot, including physical injuries sustained by the client or third parties and damages to the client's or another person's property.
Make sure you explicitly state that any injuries/damages that may occur due to instructions provided by you are also excluded. You don't want your client making a legal claim because their ankle got twisted when you told them to turn around for you.
2. Weather and uncontrollable circumstances
The next one of the photography disclaimers you should include in your contract is a disclaimer for delays or cancellations due to bad weather or other factors you can't control, such as natural disasters or traffic delays.
You should also include a force majeure clause in your contract. This clause is a clause stating that you will not be liable for non-performance or delay due to unforeseen circumstances beyond your control, such as natural disasters, illness, accidents, or other emergencies.
3. Photo quality disclaimer
Another one of the photography disclaimers you must include in your contract is one regarding photo quality:
First, include a statement that you make no warranties or guarantees regarding the quality and outcome of the photos.
Second, include a disclaimer stating that the photo quality may be affected by various factors, such as the weather, lighting conditions, venue restrictions, or other external circumstances beyond your control.
On that note, another thing you should make explicitly clear in your contract to protect your time and boundaries is that you have the right to determine the extent of editing you'll do. This is something you must make clear in the editing section of your contract. You should also explicitly state that any services that go beyond that will be charged an additional fee (which you should list on your rate card).
For more about pricing strategies, read paragraph 5 of my blog post on the 7 Key Money Terms Every Photography Agreement Must Have to Generate a High Income.
4. Errors and omissions
Speaking of editing, the next one of the photography disclaimers you must use is a disclaimer for errors and omissions in the photos.
Of course, you'll correct any major editing mistakes, but a photo could have a really small error that almost no one will notice. For example, the saturation may be slightly off.
Those kinds of small errors should not warrant a pesky client to constantly ask for re-edits.
Therefore, you need to have a photography disclaimer for errors or omissions in your services.
5. No guarantee of results
That photography disclaimer brings me to the next one of my photography disclaimers. As a photographer, you are not able to completely control the subject of the photos, including any specific shots or reactions. That all depends on the subject of the photos and environmental factors. That is especially the case in unpredictable situations involving children, animals, or a situation with multiple people and/or animals.
Therefore, you must include a specific disclaimer stating that you are not responsible for and make no guarantee regarding the results and outcomes of the photos.
6. File type and size and transfer method
Another crucial one of the photography disclaimers you might not immediately think of is a photography disclaimer for the file type, size and transfer method you use.
You must, first, clearly state the following in your photography contract (and on your website):
What file type do you use to share the photos with your clients? That could be PNG, JPG or SVG. Specify that.
What tool or method do you use to transfer the photos? Will you use WeTransfer or a zip file via email? Or will you hand the client a USB stick? Specify that.
Then, include a photography disclaimer stating the following:
It is the client's responsibility to have the proper hardware and software for the file type and size of the files you'll send and the transfer method you use.
You are under no obligation to (1) use a different file type, (2) adjust the size of the files, or (3) use a different transfer method for the client.
You should not be jumping through hoops because your client does not know how to open a zip file in their email.
7. Location/venue disclaimer
Whether it be...
a wedding venue,
an event,
a public location where your client wants to do a photoshoot, or
a pet shop with which you are collaborating for a photoshoot.
The client should not hold you responsible for any issues arising from restricted access, equipment restrictions (like a prohibition on flash photography), the public, any cancellations, or time or space restrictions.
That is why one of the photography disclaimers you must use in your photography agreement (and on your website) is that any issues arising in relation to the venue or location are not your responsibility.
8. Client-provided props, wardrobe & makeup
There are certain parts of the photo shoot that the client will be responsible for, which will differ depending on your photography niche. Here are some examples:
Models in case of a commercial shoot
Wardrobe in case you are shooting the client or models
A makeup artist and/or hairdresser to prep for the shoot
Props that could be used in any type of shoot
Those things are all your client's responsibility, but if one of those things does not go according to (the client's) plan, the client might not want to do the photoshoot.
That is why you need the proper photography disclaimers for such things the client is responsible for so that it is clear that the client can't simply cancel on you or reschedule the photoshoot without compensating you if one of those things does not go according to (the client's) plan.
9. Storage disclaimer
The last one of the photography disclaimers every photographer should use is a storage disclaimer.
A client should not expect you to keep all their photos on file for the next 10 years. However, don't be surprised when a client suddenly pops up 9 months later, asking you to share the photos with them again because they lost those photos for whatever reason. Once you have shared the photos with the client, it is the client's responsibility to properly store them.
Of course, you'll want to store them for a short period, as the client may want to purchase more photos or ask for more edits at an additional fee. But the client likely won't ask for that 2 years later.
Therefore, you should include a disclaimer in your photography contract specifying the following:
How long you will store the photos for after the photoshoot
That it's the client's responsibility to properly store the photos, not yours
You can not be held liable for lost files after the storage period has expired
Now, you have all the photography disclaimers that every photographer must have.
Photography disclaimer examples for your niche
Want to know what niche-specific photography disclaimers you need for your specific photography niche?
Find all the photography disclaimer examples in my next blog post!
The ultimate contract template with every photo disclaimer you need
Are you looking for a photography contract template that includes a complete photography disclaimers sample with all the photography disclaimers you need for your photography niche?
I have created the perfect contract template for photographers in multiple niches with all the (niche-specific) disclaimers you need!
Get your photography agreement template on this page of my contract shop!
What about a photo disclaimer for social media?
When you are using the photos for your own social media or other promotional purposes, you can't just include a disclaimer in your contract stating that you disclaim any responsibility for what happens with the photos.
You must request permission from the person who is in the photos (or whose pet or property is included in the photos).
If you do not get the proper permissions in your contract, you'll be breaking privacy and publicity laws (even if you own the copyrights to the photos).
Thus, make sure you have the proper release language in your photography contract to legally use the photos for your own social media and advertising.
My photography contract template does not only include the necessary disclaimers, it also includes the proper intellectual property rights and the permissions you need so that you have full freedom to use the photos for your own promotional purposes on any platform!
Get your photography agreement template on this page of my contract shop!
This post was all about the essential photography disclaimers professional photographers must use to protect their businesses.
You need more than just photography disclaimers to protect your business. Learn about all other essentials you must have in your photography contract in this blog post on the 7 Must-Haves Photographers Must Have in a Commercial Photography Contract.
Want to generate more income? 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 make money 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 all the photography disclaimers you need? Get the perfect contract template customisable to your photography niche on this page of my contract shop!
