Photography terms and conditions
Contracts between photographers and their clients should define the scope of the photographer's obligations and provide for the ownership - and in appropriate cases licensing - of the copyright and other intellectual property rights in the photographs produced in the course of the contract. Each of these templates is designed to help a photographer or photography services business to create standard terms and conditions covering these core issues. Each also includes a range of optional provisions, which may be adapted or excluded as necessary for the particular circumstances in which the template is used.
Photography terms and conditions
Buy | |
Version | 2.3 |
---|---|
First published | 1 Sep 2016 |
Last updated | 5 Jan 2021 |
Word count | 12,507 |
Template pages | 24 |
Wedding photography terms and conditions
Buy | |
Version | 1.2 |
---|---|
First published | 1 Sep 2016 |
Last updated | 5 May 2023 |
Word count | 9,179 |
Template pages | 19 |
Film production and photography terms and conditions
Buy | |
Version | 1.0 |
---|---|
First published | 16 Jul 2023 |
Last updated | 16 Jul 2023 |
Word count | 11,203 |
Template pages | 23 |
Compare contents
Photography terms and conditions contents
- Definitions: definitions.
- Term: commencement of term; end of term: indefinite, or deliverables and prints, services and payment; each contract distinct.
- Services: obligation to provide services; standard of services (B2C or mixed); devotion of personnel to services; keeping customer informed of services; services: compliance with reasonable customer requests.
- Permissions: photographic permissions to be obtained by first party; photographic permissions to be obtained by second party; form of permissions; provision of copy permissions; parties unable to obtain permission.
- Deliverables: obligation to deliver deliverables; feedback on deliverables; timetable for delivery of deliverables; deliverables warranties (B2C or mixed).
- Acceptance: acceptance review by second party; deemed acceptance of deliverables; deliverables do not meet acceptance criteria in review; subseqent failures of deliverables to meet acceptance criteria in review; consequences of acceptance of deliverables.
- Prints: creation and delivery of prints (including B2C); prices for prints; risk and title in prints (including B2C); warranties relating to prints (including B2C).
- Clientobligations: general second party obligations.
- ClientMaterials: supply of second party materials; licence ofClientmaterials; warranties relating to second party materials.
Intellectual Property Rights : assignment of intellectual property rights in deliverables; licence to use deliverables; licensing of third party materials; further assurance (intellectual property).- Moral rights: waiver of moral rights in deliverables; assertion of moral right of paternity in deliverables; acknowledgement of assertion of right of paternity; moral rights in private or domestic photographs; agreed exceptions to moral rights in private or domestic photographs.
- Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT (B2B or B2C); variation of charges.
- Timesheets: obligation to keep timesheets; obligation to supply timesheets.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
- Photographer's confidentiality obligations: first party confidentiality undertaking; disclosure of confidential information by first party to certain persons; exceptions to first party's confidentiality obligations; disclosures of second party confidential information mandated by law etc; first party to stop using confidential information upon termination; first party to return or destroy confidential information following termination; first party confidentiality obligations after termination.
- Photographer's publicity obligations: no public disclosures by first party; permitted public disclosures by first party.
- Distance and off-premises contracts: cancellation right: distance and off-premises contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
- Data protection: compliance with data protection laws; warranty of Client's right to disclose personal data (GDPR); details of personal data and purposes of processing bythe Photographer(GDPR); duration of personal data processing byPhotographer(GDPR); personal data processed byPhotographeron instructions (GDPR); authorised international transfers of personal data (GDPR); informingClientof illegal instructions (GDPR); personal data processed byPhotographeras required by law (GDPR); confidentiality obligations onPhotographerpersons processing personal data (GDPR); security of personal data processed byPhotographer(GDPR); appointment of sub-processor byPhotographer(GDPR); authorisation forPhotographerto appoint sub-processors (GDPR);Photographerto assist with exercise of data subject rights (GDPR);Photographerto assist with compliance (GDPR); obligation to notifyClientof personal data breach (GDPR);Photographerto provide data protection compliance information (GDPR); deletion of personal data byPhotographer(GDPR);Photographerto allow audit (GDPR); changes to data protection law.
- Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
- Indemnity: first party indemnifies second party upon breach (deliverables); conditions upon first party indemnity; limitations of liability vs indemnities.
- Limitations and exclusions of liability: caveats to limits of liability (B2B or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
Force Majeure Event : obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.- Termination: termination without cause (optionally asymmetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
- Status of Photographer: first party is independent contractor not employee; no redundancy or compensation.
- Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
- Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
- General: no waiver; severability; variation written and signed; asymmetric variation; asymmetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
STATEMENT OF WORK
Wedding photography terms and conditions contents
- Definitions: definitions.
- Term: commencement of term; end of term: indefinite, or deliverables and prints, services and payment; each contract distinct.
- Services: obligation to provide services; standard of services (B2C or mixed); devotion of personnel to services; keeping customer informed of services; services: compliance with reasonable customer requests.
- Permissions: photographic permissions to be obtained by first party; photographic permissions to be obtained by second party; form of permissions; provision of copy permissions; parties unable to obtain permission.
- Deliverables: obligation to deliver deliverables; feedback on deliverables; timetable for delivery of deliverables; deliverables warranties (B2C or mixed).
- Prints: creation and delivery of prints (including B2C); prices for prints; risk and title in prints (including B2C); warranties relating to prints (including B2C).
- Clientobligations: general second party obligations.
- ClientMaterials: supply ofClientmaterials; licence ofClientmaterials; warranties relating toClientmaterials.
Intellectual Property Rights : assignment of intellectual property rights in deliverables; licence to use deliverables; licensing of third party materials; further assurance (intellectual property).- Moral rights: waiver of moral rights in deliverables; assertion of moral right of paternity in deliverables; acknowledgement of assertion of right of paternity; moral rights in private or domestic photographs; agreed exceptions to moral rights in private or domestic photographs.
- Charges: obligation to pay charges; time-base charges limitations; amounts inclusive of VAT; variation of charges.
- Timesheets: obligation to keep timesheets; obligation to supply timesheets.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
- Photographer's confidentiality obligations:Photographerconfidentiality undertaking; disclosure of confidential information byPhotographerto certain persons; exceptions toPhotographerconfidentiality obligations; disclosures ofClientconfidential information mandated by law etc;Photographerto stop using confidential information upon termination;Photographerto return or destroy confidential information following termination;Photographerconfidentiality obligations after termination.
- Photographerpublicity obligations: no public disclosures byPhotographer; permitted public disclosures byPhotographer.
- Distance and off-premises contracts: cancellation right: distance and off-premises contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
- Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
- Limitations and exclusions of liability: caveats to limits of liability (B2B or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for consequential loss; per event liability cap upon services contract.
Force Majeure Event : obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.- Termination: termination without cause (optionally asymmetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
- Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
- Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
- General: no waiver; severability; variation written and signed; asymmetric variation; asymmetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
- More than one Client: application of multiple second party provisions; responsibilities and liabilities of multiple second parties; contractual notices where multiple second parties; delivery where multiple second parties; approval or consent where multiple second parties; termination where multiple second parties; IP rights where multiple second parties.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.