21 Videographer Disclaimer Essentials for the Top 5 Videography Niches to Protect Videographers
Are you a professional videographer looking to protect your business? I'm sharing each videographer disclaimer you must use in your specific niche for complete protection.
Your videography niche is completely different from any other niche, and if you're anything like me, you want to make sure you have every videographer disclaimer you need for your specific niche. As a lawyer myself who drafts contracts for beginner and seasoned videographers like you, I'm sharing each videographer disclaimer you need to protect you in your specific niche.
You will learn all about every key videographer disclaimer you need, as I'm sharing a complete videographer disclaimer template so that you can cherry-pick each best videographer disclaimer for your business.
After learning all about every essential videographer disclaimer you must use for your niche, your videography will have ironclad protection, and you can fully enjoy your work without worries!
This post is all about each essential videographer disclaimer every type of videographer must have to protect their businesses in their specific niche.
Key Videographer Disclaimer Essentials
The complete videographer disclaimer template for every niche
So here's a list in descending order of each niche I'll be sharing each key videographer disclaimer for:
Wedding videographers
Event videographers
Music videographers
Commercial videographers
Real estate videographers
However, there are certain videography disclaimers every videographer in any niche will need in their contracts.
So, first, I'll share all the general disclaimers you must include in your contracts.
Then, I'll list which niche-specific disclaimers you'll need in your contracts for each videography niche.
Each key best videographer disclaimer for every niche
Let's dive into every videographer need in any videography niche:
General liability disclaimer: First and foremost, the main videographer disclaimer 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 filming, including physical injuries sustained by the client or third parties and damages to the client's or another person's property.
Equipment disclaimer: Speaking of damages, you should also include a videography disclaimer stating that the client is responsible for any damages caused to you or your equipment by the client or any other individual participating or involved in the project that you have not hired.
Weather and uncontrollable circumstances disclaimer: Another videographer disclaimer every videographer must use is a disclaimer for delays or cancellations due to bad weather or other factors you can't control, such as natural disasters, equipment failure or traffic delays. Also, include a force majeure clause in your contract. This clause states that you will not be liable for non-performance or delay due to unforeseen circumstances beyond your control, such as natural disasters, equipment failure, illness, accidents, or other emergencies.
Cooperation disclaimer: As a videographer, you depend on the cooperation of the client and all other individuals involved, such as the people who are actually being filmed, but that may also include audio engineers, gaffers, cast members, hairstylists, costume designers, makeup artists, art directors, venue organisers, decorators, prop masters, producers, directors, etc. If one of them does not cooperate with you, that will have a direct effect on your work. Therefore, you must include a videographer disclaimer in your contract that limits your responsibility and liability for poor quality or lack of footage that results from insufficient cooperation or other issues from other persons involved in the making of the video, including the client.
Results and outcomes disclaimer: That brings me to the crucial videographer disclaimer for outcomes and results. Your contract must state that you are not responsible for and make no guarantee regarding the results, quality and outcomes of the video footage.
Errors and omissions disclaimer: Human mistakes are inevitable, but minor mistakes or omissions should not warrant a client to ask for endless revisions. That's why your contract must include a videographer disclaimer stating that you are not liable for and are not required to correct small errors or omissions.
Editing and revisions disclaimer: Another crucial videographer disclaimer you'll need (if editors are not hired for the project) is a disclaimer stating the following:
Final edits, colour grading, and other creative decisions are made at your sole discretion.
If the client wants additional edits or revisions to be made, you are not obligated to adhere to the client's wishes.
If you agree to make any additional edits, you are entitled to charge the client an additional fee.
Data storage and backup disclaimer: Another crucial videographer disclaimer states the following:
How long you will store the footage after each filming session
That it's the client's responsibility to properly store the footage, not yours
You can not be held liable for lost files after the storage period has expired
While efforts are made to have backups, complete data security cannot be guaranteed
The best videographer disclaimer for your specific niche
Now, let's dive into each niche-specific disclaimer that may be relevant to you:
Every videographer disclaimer for... wedding and event videographers
Guest behaviour disclaimer: You can't control how the guests act at a wedding (after a few glasses of wine) or, likewise, how event attendees may behave, and they may ruin some special moments. That is why you need a videographer disclaimer that states that you are not responsible or liable for issues related to guest interference, blocking shots, or inappropriate behaviours.
Venue restrictions and external factors disclaimer: You may also not be able to catch key moments due to venue restrictions, such as restricted access to certain areas of the venue or a prohibition to videograph certain parts of the venue. Or maybe the venue's lighting sucks and affects the quality of your video footage. That's why you should also include a disclaimer stating that you are not responsible or liable for missed shots or lower-quality footage due to venue restrictions or other external factors of the venue.
Third-party consent disclaimer: Especially in the case of commercial or public events where the client intends to use the footage for its brand's promotion, the client will need consent from the persons who are in the video footage. But certain performers at the wedding may also not want to be filmed. In any case, your client must arrange consent from all parties being filmed, not you. To ensure your client understands that it's the client's responsibility, you must include a disclaimer in your contract stating the following:
The client acknowledges its responsibility to obtain consent from every third party at the event, including any speakers or performers at the event/wedding.
You are not responsible or liable for any claims made by third parties for lack of consent.
Timing disclaimer: The ceremony or reception will often take longer than planned, and event schedules can change at the last minute due to hiccups with speakers. The client(s) can ask you to stay for longer than agreed or change your schedule (at an additional fee), but they should not be able to demand that from you. But you also don't want them to hold you liable or pay you less because you could not film the entire event. Therefore, you should have a clear videographer disclaimer stating that the client can't hold you responsible for less coverage due to these timing issues.
Every videographer disclaimer for... music videographers
Third-party content disclaimer: When creating music videos, you may be asked to include sound bites or images from third parties. The people in the music video may also be using items with logos or wearing branded clothing. If the proper permissions have not been obtained, then these videos could infringe third-party copyrights. That is why you must include a videographer disclaimer in your contract stating the following:
The client acknowledges its responsibility to obtain the legal rights to use the intellectual property of third parties in the videos.
The videographer is not responsible or liable for obtaining such third-party consent. Also, make sure to include an indemnity in your contract for third-party claims for IP infringements.
Location permits and permissions disclaimer: Depending on where the music video will be recorded, the client may need certain permissions or permits to film at a certain location. Therefore, your contract should include a disclaimer that puts the responsibility on the client to obtain necessary permissions and permits for filming and other activities to be performed at those locations.
Cast permission disclaimer: It's also imperative that the client obtains the necessary permissions and consents from the participants in the music video to (1) be recorded and (2) use footage of them (intellectual property rights). To ensure your client understands that it's the client's responsibility to obtain those legal rights, you must include a disclaimer in your contract stating the following:
The client acknowledges its responsibility to obtain consent to be recorded and the legal rights to use that footage.
You are not responsible or liable for any claims of third parties for lack of consent or infringement of their rights.
Release form disclaimer: If you have a proper videography contract, it will contain wording by which your client grants you the legal rights to use the video for your own promotional purposes, like on your social media. However, you'll also need to obtain those same rights from the other people in the music video (who are not a party to the contract). Thus, you'll need to have them sign a release form. That's why your contract with your client should also include a videographer disclaimer stating that (1) the participants in the music video must sign a release form, and (2) the client agrees to that and shall procure that each participant will cooperate and sign the release form.
Every videographer disclaimer for... commercial videographers
Compliance disclaimer: When it comes to videos for commercial use, the client will have to comply with certain marketing, advertising, privacy, and publicity laws. Thus, it's the client's responsibility. However, the client may come after you if the client gets fined for breaching one of these laws and believes you should have warned the client about that. That's why you need to include a videographer disclaimer in your contract stating the following:
It is the client's responsibility to ensure that the final video complies with relevant advertising standards and regulations.
The client can not hold you liable for any consequences that may arise when those laws and rules are breached.
Brand and product representation disclaimer: Regardless of your creative freedom in creating the videos, the client is ultimately the one who uses the videos for its advertising. Thus, the client should be fully responsible for how its brand or product is portrayed in the commercials. But sometimes, these commercials receive negative reviews or have a different effect on the public's view of the brand or product than anticipated. That's why I recommend including a niche-specific videographer disclaimer stating that you are not liable for issues arising from how the video represents the brand or its product.
Release form disclaimer: Your videography contract should include wording by which your client grants you the legal rights to use the video and the client's brand for your own promotional purposes. However, you'll also need to obtain those same rights from the other people in the video. Thus, you'll need to have them sign a release form. That's why your contract with your client should also include a videographer disclaimer stating that (1) the participants in the video must sign a release form, and (2) the client agrees to that and shall procure that each of the participants will cooperate and sign the release form.
Every videographer disclaimer for... real estate videographers
Property access disclaimer: You can't film a property if you don't have access to it... Yet, this mistake is more common than you think, and the client will want to reschedule without compensating you for the time you lost and missed opportunities. That is why you need to include a videographer disclaimer in your contract stating that (1) it is the client's responsibility to ensure you have access to the property at the agreed time and (2) if you do not receive access to the property at the agreed time, the client will forfeit their right to a refund, and you have no obligation to reschedule.
Staging disclaimer: Another key disclaimer you must add is that (1) the client must ensure that the property is clean, well-staged, and ready for filming, and (2) you are not responsible for cleaning, rearranging, or adjusting any area or object for any reason, and (3) you are not liable for the condition of the property or for any shortcomings that may affect the appearance of the property or the quality of the videos.
Drone disclaimer: Maybe you also use a drone to film the property. Drones are subject to local regulations, weather conditions, HOA rules, and permissions from property owners. Thus, you'll also need a videographer disclaimer stating that (1) you cannot guarantee drone shots if any rules, regulations, or other legal requirements prohibit you from using a drone, (2) you are not liable for any penalties, fines, or other damages that you may incur due to breach of any applicable rules, regulations or other legal requirements, and (3) you cannot guarantee drone shots if the (forecasted) weather conditions prevent or are likely to prevent safe operation to be determined at your sole discretion.
These are all the disclaimers you need for your videography niche!
The ultimate videography contract template with every videographer disclaimer example
Are you looking for a videography contract with every videography disclaimer example for each of the disclaimers discussed in this blog post?
I have created a videography contract template that is fully customisable to your specific niche!
Learn more about my videography contract template on this page of my contract shop!
This post was all about every crucial videographer disclaimer you must use in your specific videographer niche.
Learn about all the other essentials every videography contract must have in this blog post on the 7 Must-Haves for Every Videographer Contract Template.
Are you a wedding videographer? Read all about the common mistakes wedding videographers must avoid in this blog post on the 9 Crucial Mistakes to Avoid for Videographers in Their Wedding Videographer Contract.
Do you need a contract template with every videographer disclaimer sample you need for your niche? Get the essential videography contract customisable to your specific niche on this page of my contract shop!
