Free Sample Commercial Photography Contract Templates

To help you grow your business, we've created a fairly simple yet reliable commercial photography contract template in Word and PDF versions so you can use it over and over.

What's in this model?

• Customer Privacy 

• Indemnity

• Payment terms

What is a commercial photography contract?

A commercial photography contract is a very specific type of contract focused on images used to sell or promote a business or entity. Basically, photography will help make the entity more successful commercially.

Since these images are going to be used for advertisements, it's important to have disclaimers that state how the images can be used, potentially for how long, and whether they can be changed. In a sense, a commercial photography contract can come with a license agreement. Additionally, depending on the customer's needs, the contract may include a copyright transfer instead of a license agreement.

What is commercial photography?

Commercial photography is an image taken to promote a product, brand, service, or company. Images can be used on business cards, brochures, flyers, etc. But they can also be used to make the company's website more attractive.

Unlike traditional advertising which is disseminated through media such as television or radio, commercial photographs are disseminated via the web, text messages, or social media.

Unlike traditional advertising which is funded by advertisers (for example, a telecommunications company may fund a radio commercial) commercial photography is often funded by the company. Thus, images are often a useful tool to show the world how innovative the company is and to attract customers.

What are the types of commercial photography contracts?

Commercial photography is made up of several types of contracts. The freelance contract is used for professional photographers who sell their services to clients. Development and copying of proofs are also included in the initial cost or at the end of the contract. The publication contract is used for the sale of rights to the photos of a professional photographer. This is the most common contract. The license agreement allows customers to upload images online, and they can also use it for posters or design elements.

When to use a commercial photography contract?

You need a commercial photography contract:

• Provide a summary of the services provided.

• To avoid any misunderstanding or misunderstanding.

• Understand the intricate details of services.

• To protect the rights and interests of both parties and to minimize the risks of any potential exploitation.

Important Terms

How to write a commercial photography contract?

Step 1: Work details

The first thing for you would be to make sure that all the details of the work are mentioned in the contract. Clearly cover the 5Ws and 1Hs (what, when, where, why, who, and how) in the document, so it's easier to understand who is who and what work is being done. Mention all the details about the photoshoot, time, date, location, etc. which must be included in the contract. Add the details of the client you'll be working for so it's clear what you need to do.

Step 2: Services provided

List all the services and products you will provide to customers. Also mention the price of each of the services you provide to them. Mention the type of photos you would take and how much it would cost for each photo, depending on the type of photo and the platform they want to share it on. This way, it would be pretty clear what was agreed upon by the two parties involved in the word contract.

Step 3: Add payment details

This is one of the most important steps in the process of concluding a contract. This is where you add all the details needed for payment. This is where you also mention cancellation fees if applicable. Clearly state what you charge for the service you provide and if you charge taxes, add that too. You need to give the customer the option to choose the payment method they are comfortable with making the payment. Also mention it in the contract.

Step 4: Mention legal protection

You must mention all the necessary legal information in the contract. This includes state laws that must be followed, loss of damages, customer confidentiality, trade-in details if applicable, clauses such as indemnity, etc., termination clause, etc. Including all of this in the contract will not only help the client, but it will also ensure that you don't miss out and get in trouble later.

Step 5: Delivery and signatures

Once you have all the pints together, be sure to review the contract before having it signed. This way, you can be sure that the client has read all the details and also agreed to them. Now would be the time to ask your client how they would like the photos delivered to them. Once you have them all in place, be sure to have the contract signed and also give a copy to the client.

What should a commercial photography contract contain?

DEAL : This term simply defines the participating parties, explains that there are no other agreements, creates a fixed expectation regarding expenses (e.g. rates are time-limited), and how any changes to the project is handled.

PAYMENT : in this term, you detail your expectations for payment, timelines, late fees, sales tax, and additional taxes or fees, and how payment affects the license. Most commercial photographers don't grant licensing rights until payment is received in full, and if you're one of those photographers, you'll want to detail that here.

EXTRA EXPENSES: If  your commercial photography assignment incurs additional expenses during the work, the client should be aware of how the additional expenses will be handled. This term details how these expenses are handled and when payment is due. (Your change order form should be referenced in this term.)

RETOUCHING/POST-PROCESSING (optional): It's a term that many commercial photographers don't include in their contracts, but I think it's an important term because there are so many discrepancies in clients' expectations of what they expect of a photographer to do or not to do with the images following a shoot. It's a good idea to define any post-processing you intend to do after a shoot, and also detail, to the best of your ability, what isn't included. It's also a good idea to include your touch-up hourly rate for extra work so they know what it is.

WORKING DAY : here you define your standard working day, as well as overtime costs for you and your team. Here you can also put limits on the maximum number of working hours you will work in a day, or keep it open. (Although it happens very rarely, photographers have been known to shoot for 14/16/18 hours or more.)

MODEL/PROPERTY RELEASE (optional): Some commercial photography clients expect you to provide model and/or ownership releases, some never ask, and some have their own. Some expect them from the talent agency, and some want a signed release from everyone involved (yours, the agency's, theirs). Some don't care and never tell anyone. You can decide whether you want to secure signed releases for your customers within that time frame, or release yourself from liability. It's always better to be over-protected than under-protected, and you can always declare that they are “available on demand”.

DELIVERABLES (optional): This is another term that you won't often find in commercial photographer contracts, but I think it's a good idea as it communicates to the client what they can expect to receive in terms of files. This avoids issues with them thinking they are receiving different file types or a different file resolution than what you end up delivering. Use this term to define exactly what type of deliverables they will receive (TIFF files x 300 dpi resolution) and how they will be delivered. In retail photography, that detail doesn't matter, but if you're creating commercial images that will be printed on packages distributed nationwide for a multi-million dollar product, you can bet the type and the size of the file you deliver to your client matters.

ARCHIVING: This is another term you won't always find in commercial photography contracts, but it avoids an awkward situation where the client buys rights in perpetuity and then comes back three years later after losing some files, s expecting you to always have them. Specify how long you will archive your clients' files and whether you offer an option to extend the archive duration for an additional fee. You never want to be held legally responsible for files if you never promised to archive them in the first place.

LOSS OR DAMAGE:  If the customer ends up losing or damaging files once they are in their possession, this term will help you get paid for the time and money it takes to replace those files. The last thing you want to do is pay for a hard drive and next day shipping with no money back. Set the product replacement fee you have in this term. This term also makes it clear that you are not legally responsible for any files the customer loses and/or damages.

PRODUCT REFUSAL: Many new commercial photographers have been burned by clients who decide after the shoot that they don't like the photos and then refuse to pay any balance owing on fees and expenses. This term protects you from what happens and makes it clear that unless a product rejection fee has been agreed in advance, the customer has no right to reject images. It also sets the expectation that a client representative will be present during the shoot to approve the content being created in real time.

CUSTOMER PRIVACY: this is another term you won't often find in a commercial photography contract (although it's generally expected and understood in the commercial photography industry), but using this term can inspire trust new clients who have never worked with you before. . In this term, you agree not to share confidential information with anyone unless absolutely necessary to complete the project. Many clients (especially large clients and agencies) will have you sign an NDA, but it's good to have it in addition to an NDA, as some companies new to commercial photography don't realize they need an NDA, and seeing that term on your contract can help ease any fears they might have about leaking their trade secrets to the public.

CANCELLATION FEES :  This term explains how your cancellation process works, as well as the fees associated with canceling and/or rescheduling. You can also include how you handle weather-related changes, which are not anyone's fault, but still subject you to additional shooting costs if the client does not understand that they will be responsible for costs. extra for anything beyond your control. .

RE-SHOOT: If the client isn't satisfied, or the talent isn't cooperating, or the images don't meet their expectations, and they request a re-shoot, you'll be covered if you define in that term what your expectations relate to. the retakes. Indicate what your fees are for recovery days and when these fees are due.

COPYRIGHT / LICENSE: Just as you would with your private clients, with any commercial client you must disclose your legal ownership (copyright) of your images, and make it clear that you will retain copyright in the images until a transfer of copyright is made. drawn. It's also a good idea to explain in this term how license renewals work and what you expect of your customers when their license expires. 

INDEMNITY:  This term is the legal basis of the commercial photography contract, and indemnifies and releases you from all liability, claims and expenses of any nature and origin, and clearly indicates that your liability will not exceed the total cost of the project (fees and expenses) .

CHANGE: This term simply explains that there are no other versions or variations of this agreement unless agreed to in writing by both parties.

ACCEPTANCE OF QUOTATION: In this term, the client agrees to the terms included and understands that they are locked in once they sign the quote, and that any additional changes to the project that impact fees (licenses and support fees, photography, expenses) will require a signed change order.