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Photography commercial contract


Free Commercial Photography Contract Template

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Prepared for:

​[Client.FirstName][Client.LastName]
​[Client.Company]​

Created by:

​[Sender.FirstName][Sender.LastName]
[Sender.Company]

This commercial photography contract template is meant to make it easy to create and sign a contract for your services with commercial clients.

Involved Parties
PhotographerClient
[Sender.Company][Client.Company]
[Sender.FirstName][Sender.LastName][Client.FirstName][Client.LastName]
[Sender.Street][Client.Street]
[Sender.City], [Sender.State], [Sender.Zip][Client.City], [Client.State], [Client.Zip]
[Sender.Email][Client.Email]
[Sender.Phone][Client.Phone]​

Photography Information
Photography Location:Event Location
Address:Event Address
Minimum Photos Taken:Minimum Photos
Maximum Photos Taken:Maximum Photos

Commercial Photography Pricing
NamePriceQtySubtotal
 
Subtotal$0. 00
Discount$0.00
Tax$0.00
Total$0.00

This table is meant to communicate your fees for performing the commercial photography shoot. You’ll find a separate table on the final page of this template that covers photo prints and digital rights. If necessary, you can modify this table by clicking inside it or using the menu to the right.

Terms
  1. ​[Client.Company] shall pay [Sender.Company] via cash, check, or credit card in accordance with the pricing table above. The initial deposit amount is due within 7 days of signing this commercial photography contract, and the final payment is due no later than 7 days before the photography shoot. The initial deposit is non-refundable under any circumstances.
  2. ​[Client.Company] will fully reimburse [Sender.Company] for any additional costs associated with this commercial photography contract, including (but not limited to) travel, lodging, meals, and parking fees.
  3. ​[Sender.Company] will delivery proof photographs to [Client.Company] within 7 days of the photography shoot. [Client.Company] will then have 7 days to provide a written list of the photographs desired for final production and delivery, including format. Final photographs will be invoices according to the pricing schedule on the final page of this contract.
  4. Payment for final photographs is due within 7 days of receipt of invoice by [Client.Company].
  5. ​[Client.Company] is solely responsible for the success of the commercial photography shoot. [Sender.Company] will in no case be liable for compromised coverage due to lack of space, resources, or participation.
  6. ​[Sender.Company] retains full copyright to all photographs taken during the photography shoot, but grants unlimited, non-exclusive, nontransferable rights to [Client.Company] to use or reproduce any photographs purchased as final photographs.

Acceptance

Once this template is filled out completely, you can send the final commercial photography session to your client for electronic signature. They will be notified via email and prompted to review and sign the contract. Once they sign, you’ll receive an email notification.

[Sender.Company]

Signature

MM/DD/YYYY

[Sender.FirstName][Sender.LastName]

[Client.Company]

Signature

MM/DD/YYYY

[Client.FirstName][Client.LastName]

Final Photograph Pricing

This table is where you detail your prices for digital rights and printed photographs. Feel free to add additional items or discounts!

NamePriceQtySubtotal
 
Subtotal$0.00
Discount$0.00
Tax$0.00
Total$0.00

FAQ

A photography contract, also known as a picture contract, is a legally binding document between two parties (the photographer and the client), which states that the photographer will conduct services in exchange for compensation. It includes details such as information of both parties, pricing, terms, acceptance, and signatures.

Begin your photography agreement by writing down information of both parties, such as their full names, company name, address, email ID, and phone number. Add in details like photography information (location, address, minimum and maximum number of photos), photography pricing, and terms. End with acceptance and signatures.

Yes, it is recommended that every photographer have a contract in place before continuing with any gig, as it allows all information to be collated in one place. It also provides agreement of both parties, and clearly states the pricing, project deliverables, and terms and conditions of the contract.

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What Is Commercial Photography? And Do You Really Need a Contract?

What is commercial photography anyway? Do you really need a specialized commercial photography contract? Here’s how brands and businesses can be a great source of ongoing income – if you do it right!


Whether you’re already booking commercial photography clients, or simply considering commercial photography as a new stream of income, you likely have a few questions. We reached out to photographer Kim Fetrow to discuss her foray into the commercial realm, the importance of using a commercial photography contract, and how ShootProof helps ensure that her commercial clients will return again and again.

Photos: Kim Fetrow


“What is commercial photography anyway?”

Simply put, commercial photography is the creation of images for use in sales, marketing, packaging, or other income-generating materials. Great commercial photography can include portraits, lifestyle imagery, landscapes, architecture, fashion, food, and every other type of photograph you’ve ever seen used to advertise or sell a service or product photography.

Kim began booking her own photography commercial contracts when, after more than a decade as a staff commercial photographer, her employer closed up shop, and encouraged Kim to take over their accounts. Today, Kim’s commercial photography projects run the gamut from gourmet dishes to CEO headshots to storytelling editorials. And while Kim is well-equipped to style, light, and photograph nearly any subject, she does have her commercial photography favorites.

“I love photographing medical stuff, I love photographing wine, and I love photographing big agricultural farms.”

Photos: Kim Fetrow


“How do you book your ideal commercial photography clients?”

“I’m a firm believer that good work breeds more good work.

To land your first photography commercial contracts, Kim suggests that newer shooters create their first commercial image on spec.


What is “spec work”?

AIGA defines spec – or speculative – work as “work done prior to engagement with a  commercial photography client in anticipation of being paid.” It’s very clear that AIGA does not condone spec work, asserting that all creatives should be paid a fair wage for their work. However, there are ways to work on spec that don’t demean your profession or undermine your industry. Keep reading!


Photos: Kim Fetrow

You may already be creating spec commercial work without realizing it!

Consider these commercial photography examples:

  • You already photograph the beautifully-plated meals at high-end weddings or events. Use those images to begin a portfolio of food commercial photography.
  • Incorporate commercial photography headshots into every portrait photography session, and establish a headshot portfolio. When you book an official headshot job, take the opportunity to also make a few photos of your client’s office. If you have time, Kim recommends also making at least one environmental portrait photography that highlight their workspace.
  • If you want to photograph jewelry or home goods or cars, you can do this without a client’s involvement at all! Simply task yourself with mastering the necessary skills, then invest time into creating a diverse portfolio highlighting that commercial photography genre.

Rather than building a brand-new website to showcase your developing commercial photography skills, create public ShootProof galleries you can easily share with potential commercial photography potential clients. You can even create a subdomain such as “food.janedoephotography.com” and point that URL to the appropriate ShootProof gallery.

Photos: Kim Fetrow

Identify Your Dream Commercial Photography Client-Type

“I love working with large companies who have an established marketing budget. I love smaller clients also, but I’ve found that they are way more conscious of every dollar – and they should be; they’re smaller companies. But sometimes the small-budget clients end up being a lot more work than the bigger-budget clients who are used to paying contractors.”

Kim does occasionally scale her rate to suit the budget of a client she enjoys, or whose product she values. But her bottom line always holds true.

“Either they have a commercial photography budget or they don’t.”

Photos: Kim Fetrow


“Do I really need a commercial photography contract?”

The short answer: YES! But let’s go more in-depth.

Newer photographers frequently forego contracts altogether in an effort to book clients quickly. More experienced photographers in commercial photography often resort to a “one-size-fits-all” contract that isn’t truly drafted with commercial clients in mind. This contract outlines clear expectations for photographing a commercial product, service, or individual, and creates a legal relationship with the client. A commercial contract protects your copyright and maximizes your earnings with the following provisions:

  • Usage: Sets permission on how anyone the commercial use of your images. 
  • Venue: Location and venue limitations. 
  • Non-refundable retainer: Advanced payment to secure the timing of the service provided. 
  • Payment methods and amounts: Sets how the client can pay. 
  • Right of discretion: Describes whether both parties can decide under a contract.
  • Copyright ownership: Determines who owns the rights to the pictures. 
  • Territory: States if the client can print your photos locally or internationally. 
  • Acknowledgment of rights: Puts both parties to voluntarily agree to all of the terms of a commercial photography contract. 
  • Consideration and indemnification: Assumes a specific liability, potential or actual, of another party in the event of a loss.
  • Third-party infringement: For when you or the client has infringed upon another party’s intellectual property rights.
  • Force majeure: Relieves the parties from executing their contractual obligations in the event of certain circumstances beyond their control.
  • Termination: Legal termination of the contract before the commercial photographer or the client can fulfill contractual duties.
  • Cancellations: Applies if one of the parties needs to be released from the agreement due to their inability to fulfill their end of the contract.
  • Waivers: Giving up of contract rights by one party.
  • Confidentiality: The commercial photographer and the client promise not to disclose specific information to others without proper authorization.
  • Jurisdiction: Enables the parties to elect which courts will have the right to adjudicate disputes under the commercial photography contract.
  • Attorney’s fee: Identifies which party must pay the lawyers’ fees of the other party, as well as expected expenses.

Get your own commercial photography contract through the ShootProof Marketplace. It’s crafted by thelawtog, and includes all of the above provisions and more!

Importance of a Commercial Photography Contract

One of the best things about commercial photography is that it helps consumers visually see the important details of products or services. With a commercial photography contract, you can set limitations, terms, and conditions, so that everyone is clear on the services you’re providing. 

Determines Your Client’s Needs

Discuss with your commercial photography clients details such as style, colors, tone, and branding strategy to ensure you are in line with the overall goal.  Key points to consider are the number of photos, shot list, budget, timeframe and deadline, location, wardrobe, and props. Additionally, understand if the client will give a commercial use the photos for online advertisements, billboards, flyers, or other outlets. 

Identifies Cost and Additional Fees

Some commercial photographers end up shelling out their own money because they didn’t include fees for matters like transportation or extra equipment. A contract sets a fine line about what you can and can’t provide. For example, your package includes payment for your studio and equipment. If your client wants to hire models, make-up artists, and stylists for a fashion shoot, you need to be honest with the client about possible additional costs. 

Moreover, a contract protects commercial photographers against sudden claims or requests by a client. If a client wants to extend a photo session for two hours, you can safely ask for extension fees as long as this was stated in the contract. 

Photos: Kim Fetrow


“What Makes Commercial Photography

Different?”

Project management and budget maintenance are handled uniquely by thriving commercial photographers.

“I’m responsible for the entire shoot, from beginning to end. Renting a helicopter and calculating the flight time from point A to Z – while still making money. Determining how much time is required to photograph a building, and organizing your shot list so each building is photographed in ideal light. It can be a lot to organize.”

Each commercial photography contract keeps Kim on her toes, challenging her ability to quickly adjust to new scenes and subjects.

“First you’ll be shooting exteriors, so that’s architectural commercial photography. Then, at the same job, you’ll be shooting products like food and wine; that’s food commercial photography. Next, you’re photographing people: headshots, candid captures, and action shots. You’re setting up lights, working during a lunch hour or before the business opens. You have to move very, very quickly. And you have to be on it.

Photos: Kim Fetrow


“What gear do I need?”

Kim feels strongly about using only professional camera models. The Nikon D4S and Nikon D3S are currently her go-to camera bodies, because they’re built to withstand a wide range of environments. Kim also recommends:

  • Spider camera holsters and accessories for ultimate mobility
  • a variety of lenses, covering wide-angle shots, portraits, and tight zooms
  • Pelican case to protect gear while traveling
  • off-camera flashes or strobes, light stands, and umbrellas
  • White Lightning flashes
  • Pocket Wizard remote triggers for your flashes

Photos: Kim Fetrow

Behind the Scenes: Lighting Challenges

Kim admits to preferring natural light, but acknowledges that she rarely enjoys the luxury of shooting flash-free.

“I can’t tell you how many times I’ve walked into, say, a medical facility or some other location that’s uglier than ugly. It’s my job to figure out a solution and make that look good. I can’t make excuses about why it’s ‘not going to work.’

Photos: Kim Fetrow


Follow-Through Is As Important As Booking the Job

Your amazing commercial photography can be quickly undermined by insufficient follow-through. Did you:

  • arrive at the shoot with plenty of time to scout locations and connect with the creative director and/or clients?
  • maintain an organized shot list and schedule, and ensure that you made all the required images?
  • provide all deliverables according to your contract, in full and on-time?

In addition to earning repeat-business clients with her “under-promise and over-deliver” approach, Kim provides a seamless delivery experience through ShootProof. One of Kim’s clients is a hospital that sends every new doctor to Kim’s studio for headshots.

“I place all of the physician portraits in a private ShootProof gallery that I leave active year-round. This way, any hospital staffer – at any time – can access every physician portrait photography commercial I’ve ever taken for the hospital. I charge my client an annual fee for this ongoing storage and access. Providing this service is a great experience for my client, and it’s lucrative for my business!”

Use a ShootProof invoice to bill clients for annual access fees, or even to request payment for the full commercial photography contract. Add custom line-items, apply discounts, and accept your choice of cash/check, credit card, or both.

Photos: Kim Fetrow


Be Free To Create

The artistry is up to you, but your business is stronger when you partner with the right commercial photography solutions for gear, galleries, and studio management. Free yourself to hone your technical skills, care for your clients, and stay engaged with your commercial photography community.

“With ShootProof, my clients’ images are delivered in a really beautiful way. They can see them and share them with other departments for downloading. It’s just really easy.”



BONUS Q: “What’s the craziest commercial photography contract you’ve ever booked?”

KIM: “Oh my gosh, I shoot for a company who provides the semen for the dairy cows. This means I’m making pictures of all these veterinarians with their arms elbows-deep in cows’ nether-regions. So disgusting. And I’m literally walking through cow crap, moving as far as I can get away from their rear ends, and these cows are just pooping and pooping and pooping. For like a half-mile I’m walking through this crap, and it stinks, and it’s horrible, and the poop is pulling my boots off my feet with each step. It was seriously the worst, worst thing ever.

“But I love this client! They’re great! The work is just so disgusting.”

Yes it is, Kim. And we’re here for it.


Written by ANNE SIMONE | Featuring KIM FETROW – Follow her on Instagram!


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Agreement with a photographer

I often consult on copyright and constantly hear indignant questions: “How is it? I paid for the photography. And what, I don't have any rights to the photos? You have some, but more on that later.

In the meantime, the question is: when you order a photo session or photography of an event, do you prepare and sign an agreement with the photographer? I do it all the time. And that's why.

Who pays for the order has the right?

No. This is the biggest misconception about copyright. However, many understand exactly this way that everything happens automatically, and whoever paid for the creation of works, disposes of them at will. Is it so? Let's figure it out.

Let's say you booked a photo session and paid for it. But does this mean that you can use the photos the way you want: post them on your website, “post” them on social networks, crop part of the image, write on them, and so on?

No, payment does not automatically transfer exclusive rights to you. Except, perhaps, two cases. The rights may belong to you:

1) If the author of the work is your official employee and creates this work as part of his official duties. Yes, and there are restrictions: you must use the created work for three years. And if it has lain in the archive for 3 years and has never been used, then the rights are returned to the author.

2) If you have purchased an original painting or photograph of yourself. In this case, you can use the photo, for example, as an illustration in the publication of your literary works or biography. You may reproduce, publicly display and distribute your photo image if you do so without the purpose of making a profit.

In all other cases, the transfer of the exclusive right to the work must be clearly provided for in the contract. If this is not the case, then the general presumption applies, stating that the exclusive rights belong to the author by virtue of the fact of the creation of the work.

Who needs an agreement with a photographer

First of all, a customer needs such an agreement. This can be a person who conducts even a single photo session, and all those who constantly work with photographers: modeling agencies, organizers of offline events, glossy magazines, news agencies, online media.

If there is no contract, then the person or organization that ordered and paid for photography will not have the rights to publish, publish, change pictures. In addition, the author-photographer can completely prohibit the customer from using the pictures. The exception will be, as already mentioned above, only works with the image of the customer himself - a private person. But he will not be able to sell these photographs - this is the exclusive right of the photographer.

An agreement must be signed if the customer intends to use the obtained images for commercial purposes. We are talking not only about a photo with the image of the customer himself, but also about any photographic work. Since a photographer can be entrusted with subject or landscape photography, order a photo report from an enterprise or invite them to shoot a wedding.

In order for you to independently draw up an agreement with the photographer on the alienation of exclusive rights, we have prepared a draft of such an agreement with our comments and advice. For details, click the ?

More about the contract with a photographer

What a photographer needs to know about the contract

For a photographer, a contract is a guarantee of receiving a stipulated remuneration. Of course, provided that he fulfilled all the clauses of the contract.

If a photographer plans to publish customer pictures in his portfolio or add them to a website or social network for advertising purposes, authorship alone is not enough.

In order not to violate the customer's right to the image (his individual appearance captured in the photo), it is necessary to obtain consent from the customer for publication. It is possible to place anywhere the imprinted individual image of a citizen in the form of a photo, video or a work of fine art only with the consent of this citizen.

An exception will be the work of a model if she provides services for a fee. If the model receives a reward for participating in photography, then the consent to the use of the received images by the photographer is not separately discussed, and it is not necessary to additionally obtain the consent of the model. If the shooting is carried out without remuneration for the model, then the consent to the use by the photographer or the customer of photographing images for any purpose must be prescribed in the contract or a separate written consent must be obtained.

In the contract, the photographer can include a clause on the observance of confidentiality by the customer - non-disclosure of the conditions and process of photography.

Additionally, the agreement with the customer may include an indication of the depth of photo processing, the number of images with retouching or color correction, and what is meant by these types of photo processing.

In the event that photos for which you did not transfer the rights to third parties suddenly “surfaced” on the Internet on websites and social networks without your consent, send a claim to the violators. To download the form of the document, click on the button.

Download the claim form

Agreement with a photographer and a photo studio - what's the difference?

If the photographer is an employee of a photographic studio, then at common law the exclusive rights belong to the photographic studio. The situation with ordering photos in a photo studio (not from a self-employed photographer) is somewhat different. And if you make an official payment there, then by law the customer owns the rights to the photos on the basis of a simple license.

In this case, the customer can use the photographs at his own discretion - place them in a resume, sell them or transfer them to a photo bank for free, publish them on the Internet, illustrating the advertisement of their services.

The photo studio also retains the rights to the photographs - also a simple license.

If the photographer does not officially work in a photo studio, but only rents, for example, a room for shooting in a finished interior, then the exclusive rights to photographs belong to him, respectively, the rules that we talked about earlier apply.

If the photographer or studio is not ready to provide a contract

What to do if the photographer or photo studio did not think about copyright? If they respond to your proposal: “You are the first to ask about the contract. And we work simply: we photographed and gave it to you. Do what you want with the pictures."

In this case, there is only one thing: to offer your version of the contract. This may take time to agree - suddenly the photographer or photo studio wants to consult with a lawyer.

It's usually easier with photographers. You can initially agree that it will be necessary to sign an agreement and provide for the transfer of exclusive rights to photographs. And then prepare the text of the treaty yourself. In my practice, there was not a single case of refusal.

Photographers often already have contract templates. The main thing is to check that it provides for the transfer or alienation of exclusive rights to photographs to the customer, consent to changing photographs, consent to the use of photographs without indicating a name, and the territory of use of photographs - all countries of the world, then they can be published on the Internet.

What must be in the contract in the interests of the customer

The customer's contract with the photographer can be quite short, but several points are really important in it. And these items must be:

  • A clear identification of the photos, the rights to which are being transferred. To do this, it is usually enough to indicate where and when the photographs were taken. The essential terms of the contract will be instructions on the timing, quantity and method of transfer of finished photographs.
  • Photographer transfers exclusive rights under an exclusive license. Otherwise, the photographer retains all rights: he can not only use the photo himself, but also transfer rights to other persons!
  • The rights are transferred for use on the territory of all countries of the world. If this condition is not added, you will not be able to use the photos on the Internet.
  • How long the rights are transferred. If the period is not specified, then the rights under the license agreement are transferred for only 5 years.
  • The photographer consents to the use of photographs without indicating his name. Otherwise, each photo will need to be signed - add attribution. Without this, the right to a name will be violated, and a claim, a court, payment of moral damages may follow ...
  • The photographer agrees to any changes to the photographs taken by him, as he owns the right to the inviolability of the work. If there is no consent of the author, you cannot crop the photo, put a caption on it, use it in a mirror image, and in general you cannot change it in any way. If you make changes without a formalized permission, this is a violation of the right to the inviolability of the work, a claim, a lawsuit.
  • Rights are transferred for a fee or free of charge. In the case of payment for services, the contract must clearly state the amount and terms of payment.

It's decided - we draw up a contract

This is the right decision if you represent any of the parties - order a photo shoot or be a performer.

The contract for the upcoming photography will help the customer to get the desired photos for the money paid and secure the agreed amount of rights to these pictures.

When signing the contract, the photographer will save himself from unjustified claims of the customer, will receive payment with a guarantee, will be able to determine the amount of rights that he wants to transfer to the customer, and will discuss the possibility of using his photos for portfolio and advertising.

You can get advice on which type of contract is right for you and help with drafting it. And also apply for a lawsuit preparation when you decide to sue if your copyright is infringed. To do this, write to us by e-mail: [email protected] or contact us by phone: 8 800 550 60 39.

Real Estate Photography Contract Guide

As an Amazon partner, we earn on qualifying purchases.

Being a professional real estate photographer is not only about photo shoots; You must also prepare sufficient legal protection for your business and your clients. We are going to explore tips for drafting a real estate photography contract to better protect your work and help you earn a higher reputation as a professional.

Quick Navigation

  • Everything you need to know about a real estate photography contract
    • What can a real estate photography contract protect?
    • When to use a real estate photography contract
    • Types of real estate photography contracts
    • What to include in a real estate photography contract
    • Tips for real estate photographers who don't use contracts
  • Conclusion

Everything you need to know about a real estate photography contract

If you want to get more serious about the industry, it's important that you know what type of real estate photography contract to get. From there, you can define the shooting conditions. This way you can protect your business as well as your customers. When working on your contract, be sure to contact a lawyer in your area before finalizing it to make sure the language is accurate and accurate for your location.

What can a real estate photography contract protect?

A real estate photography contract is a required business document that binds you and the client into a legal agreement, protecting both parties in the event that one or both parties fail to meet agreed upon expectations. Hence, it must offer a mutually beneficial business relationship.

It also ensures that you get paid on time and at your agreed rates. It serves as your first line of defense against the misuse of your photos.

On the other hand, a written contract also protects the agent, broker, or home seller if you do not provide details such as expected turnover, number of images, or type of service.

When to use a real estate photography contract

You should always create and sign a real estate photography contract whenever a real estate agent or property owner wants to use your services. These are some of the most common cases where you should use real estate photography contracts.

Commercial and editorial purposes

Commercial property photography is commonly used for real estate listings, websites, advertisements, etc. It is among the most requested types of property photography, so it also corresponds to higher service fees and image quality.

Because you can work with large corporations and commercial institutions, you must also protect yourself from these giant clients.

Meanwhile, printed materials such as magazines, newspapers and brochures may require interior photographs. For this reason, copyright terms must detail the permitted use of your images.

Exclusivity and Preservation

If you have a unique photography style, some companies or real estate agents may want you to be their exclusive photographer. In such cases, you can draw up an exclusivity agreement.

Your employer will pay an appropriate advance payment so that you can take pictures for them at a specific time and place. When you sign an exclusive agreement, you must not work for other people who may interfere with future saved client sessions.

Potential problems

Even after meeting and receiving a quote, some agents may forget the agreed terms. If customers are looking for other products or services beyond the original verbal agreements, you can dispute this with the contract as a back-up.

Types of Real Estate Photography Contracts

Once you have these types of contracts, you can easily determine which one is best for you, find contract templates and modify them to suit each client's needs.

Short Form: This standard document is ideal for regular but multiple internal and external sessions. However, the terms are usually only set by the photographer and there is little or no opportunity for the other party to negotiate.

Editor's Note: This type of photography contract focuses on the marketing and promotional use of your images.

Drone: You can include drone information in project inclusions if it's just an extra service. If the project is focused exclusively on aerial photography, the drone photography contract additionally specifies all the details, such as permission to operate drones and a professional drone pilot license.

Architecture: Architectural photography uses the aesthetics rather than the simplicity of photography. Thus, such an agreement should define the limits of your creative freedom.

What to include in a real estate photography contract

As a general rule, a contract should include the duties, roles, responsibilities and rights of photographers, real estate agents, companies or home sellers. It includes all the details you expect to get done on set and what happens if someone doesn't.

Let's take a look at the photography contract specifications to help bring clarity to every photo session.

Information from Both Parties

Getting basic information about an agent or seller should be one of the first things you need to purchase, but some people tend to overlook this.

This part contains the full names and contact information of the client and photographer. You can also provide an address if you need to deliver something or a client needs to visit your studio.

Project Scope

Scope is one of the main parts of photography contracts because it describes the services your client will receive. It must include the following information.

  • Location or exact address of the property
  • Objectives of the survey so that it is clear on your part what you need to achieve
  • Planned date and duration of the project to allow the parties to prepare and have enough time to complete the tasks
  • Personal preferences of the client, such as angles, lighting, effects, etc.
  • Number of images
  • Number of photographers
  • Basic or advanced photo editing
  • Cancellation policy
  • Additional services and additional fees that may include visual staging , aerial photography or video filming.
Payment Terms

Payment is another important part of photography contracts as it ensures that you receive appropriate and timely payment. It specifies how much the customer will pay, as well as a detailed breakdown of packages and additional fees.

  • Does the client have to send a partial down payment at least 14 working days before the start of work to secure a reservation?
  • In addition to cash, do you accept credit or debit cards?
  • Do you accept international payment channels such as Paypal, Payoneer or Transferwise?
  • When should the customer send the full payment?
  • Does the client have to pay the rest of the balance before receiving the edited photos?
  • Travel expenses for locations outside your service area. These travel expenses can be a flat fee or a per mile fee.
  • The cost of additional post-processing such as HDR or advanced object removal.
  • Cancel, refund or change the payment schedule.

About Us 82% of businesses fail due to cash flow problems, in part due to a disorganized billing system. With a signed agreement, you can be sure that you are getting enough financial value for every service you provide.

Real estate registration and preparation requirements

Registration can take a long time, so make sure the contract clearly states who is responsible for this task. In principle, the homeowner or agent should always prepare the property for shooting, although as a photographer you can help improve the space by styling it to suit your needs.

  • Make sure the client has cleaned the property before the scheduled session so you don't waste time removing dust and debris before shooting.
  • Do you need minimal interior decorations such as vases, picture frames or fruit bowls?
  • For outdoor shooting, advise the client to mow the lawn or clean the pool.

You can start the shooting process after passing the object. It's not ideal for spending a working day cleaning and styling. Otherwise, consider rescheduling the photo shoot.

If you arrive at a location and are unable to take photos due to things beyond your control, such as repairs, the contract legally requires the customer to pay in full, even if you have to reschedule the date.

Turnover

Real estate photography contracts should include as much detail as possible about the photo's characteristics, timing and delivery method.

  • Scheduled date when you need to send digital files and physical copies
  • MLS photo size
  • Best image resolution and aspect ratio for client site
  • Number of agent profiles or headshots that require basic retouching
  • File format to upload: files JPEG or RAW.
  • Project delivery (e-mail, temporary cloud storage link , USB)
  • Using cloud storage providers such as WeTransfer, Google Drive or DropBox.
  • Submitting low resolution images and watermarked photos for revision
  • How many times a client can request corrections

Post-processing a real estate photo can be, if not more, as tedious as shooting itself. That's why it's very important that you set up shipping terms so that the customer doesn't demand more.

License agreement and rights of use

Some realtors and clients think they automatically own full rights to photos after payment. If an agent or seller shares photos with others without the photographer's permission, a license agreement can help you sue them for copyright infringement.

About us 2.5 billion photos are stolen every day, with the US accounting for nearly 23% of image theft. This issue results in billions of dollars in damages, so writing clear terms of use rights, photographer's permission, and licensing can prevent other people from using your images.

When you add copyright or usage rights clauses, you can specify how long clients can own the rights or on which platform they can publish your final images. Since this part is a bit complicated, it is wise to seek legal advice.

Property release

It's not just customers who make mistakes; There are times when photographers don't live up to expectations. This usually happens when a real estate photographer wants to submit their final images to a publication or use them as a portfolio.

In such cases, it is best to add a release clause to the contract. Therefore, the agent or landlord may allow you to use the photographs subject to agreed terms.

Signature

Finally, in order to close a deal, you and your clients must sign contracts. A real estate photography contract will only be legally binding if signed.

Tips for real estate photographers who don't use contracts

Despite the advantages of the contract, some photographers still find this document unnecessary. Sometimes it's because of informal filming, or some people are a little wary of legal documents. Either way, there are still things you can do to make sure you get paid in full for your work.


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