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A family of Photography terms and conditionsdocumentsPhotography 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

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CREDITS
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Version 2.1
First published 1 Sep 2016
Last updated 2 Nov 2017
Word count 11,722
Template pages 22

Wedding photography terms and conditions

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£24.00

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24

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Version 1.0
First published 1 Sep 2016
Last updated 1 Sep 2016
Word count 8,967
Template pages 18

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Photography terms and conditions contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term: indefinite, or deliverables and prints, services and payment; each contract distinct.
  3. 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.
  4. 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.
  5. Deliverables: obligation to deliver deliverables; feedback on deliverables; timetable for delivery of deliverables; deliverables warranties (B2C or mixed).
  6. 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.
  7. Prints: creation and delivery of prints (including B2C); prices for prints; risk and title in prints (including B2C); warranties relating to prints (including B2C).
  8. Client
    obligations:     general second party obligations.
  9. Client
    Materials:     supply of second party materials; licence of second party materials; warranties relating to second party materials.
  10. Intellectual Property Rights: assignment of intellectual property rights in deliverables; licence to use deliverables; licensing of third party materials; further assurance (intellectual property).
  11. 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.
  12. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT (B2B or B2C); variation of charges.
  13. Timesheets: obligation to keep timesheets; obligation to supply timesheets.
  14. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
  15. 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.
  16. Photographer
    's publicity obligations:     no public disclosures by first party; permitted public disclosures by first party.
  17. 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.
  18. 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 by 
    the Photographer
     (GDPR); duration of personal data processing by
    Photographer
    (GDPR); personal data processed by
    Photographer
    on instructions (GDPR); personal data processed by
    Photographer
    as required by law (GDPR); confidentiality obligations on
    Photographer
     persons processing personal data (GDPR); security of personal data processed by 
    Photographer
     (GDPR); appointment of sub-processor by
    Photographer
    (GDPR); authorisation for
    Photographer
    to appoint sub-processors (GDPR);
    Photographer
     to assist with exercise of data subject rights (GDPR);
    Photographer
     to assist with compliance (GDPR);
    Photographer
     to provide information (GDPR); deletion of personal data by 
    Photographer
     (GDPR);
    Photographer
     to allow audit (GDPR); changes to data protection law.
  19. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  20. Indemnity: first party indemnifies second party upon breach (deliverables); conditions upon first party indemnity; limitations of liability vs indemnities.
  21. Limitations and exclusions of liability: caveats to limits of liability (B2C 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.
  22. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  23. Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
  24. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  25. Status of
    Photographer
    :     first party is independent contractor not employee; no redundancy or compensation.
  26. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
  27. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  28. General: no waiver; severability; variation written and signed; assymetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
  29. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

STATEMENT OF WORK

Wedding photography terms and conditions contents

  1. Definitions: definitions.
  2. Term: commencement of term; end of term: indefinite, or deliverables and prints, services and payment; each contract distinct.
  3. 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.
  4. 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.
  5. Deliverables: obligation to deliver deliverables; feedback on deliverables; timetable for delivery of deliverables; deliverables warranties (B2C or mixed).
  6. Prints: creation and delivery of prints; prices for prints; risk and title in prints; warranties relating to prints.
  7. Client
    obligations:     general second party obligations.
  8. Client
    Materials:     supply of second party materials; licence of second party materials; warranties relating to second party materials.
  9. Intellectual Property Rights: assignment of intellectual property rights in deliverables; licence to use deliverables; licensing of third party materials; further assurance (intellectual property).
  10. 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.
  11. Charges: obligation to pay charges; time-base charges limitations; amounts inclusive of VAT; variation of charges.
  12. Timesheets: obligation to keep timesheets; obligation to supply timesheets.
  13. Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
  14. 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.
  15. Photographer
    's publicity obligations:     no public disclosures by first party; permitted public disclosures by first party.
  16. 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.
  17. Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
  18. Limitations and exclusions of liability: caveats to limits of liability (B2C 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.
  19. Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
  20. Termination: termination without cause (optionally assymetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
  21. Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
  22. Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
  23. Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
  24. General: no waiver; severability; variation written and signed; assymetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
  25. 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.
  26. Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.

STATEMENT OF WORK