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

24

CREDITS

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

24

CREDITS

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

70

CREDITS

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).
Client
obligations: general second party obligations.
Client
Materials: supply of second party materials; licence of
Client
materials; 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 by
the Photographer
(GDPR); duration of personal data processing by
Photographer
(GDPR); personal data processed by
Photographer
on instructions (GDPR); authorised international transfers of personal data (GDPR); informing
Client
of illegal 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); obligation to notify
Client
of personal data breach (GDPR);
Photographer
to provide data protection compliance information (GDPR); deletion of personal data by
Photographer
(GDPR);
Photographer
to 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).
Client
obligations: general second party obligations.
Client
Materials: supply of
Client
materials; licence of
Client
materials; warranties relating to
Client
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 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:
Photographer
confidentiality undertaking; disclosure of confidential information by
Photographer
to certain persons; exceptions to
Photographer
confidentiality obligations; disclosures of
Client
confidential information mandated by law etc;
Photographer
to stop using confidential information upon termination;
Photographer
to return or destroy confidential information following termination;
Photographer
confidentiality obligations after termination.
Photographer
publicity obligations: no public disclosures by
Photographer
; permitted public disclosures by
Photographer
.
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.

STATEMENT OF WORK