This is the final blog post in a three-part series of blog posts. Over the last few weeks, I have been trying to explain different clauses that you will find in photographers’ contracts. Some of them are widely accepted and completely normal, some of them you should absolutely expect and not sign a contract that lacks these clauses, and some are on the verge of unethical… at least in my opinion.
The first post covered those you need. In fact, if your contract short of any of these key clauses, you shouldn’t sign it. It’s an incomplete contract and is not a clear meeting of the minds and you may be operating on a handshake on certain parts of the photographer’s products and/or services.
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The second post, Part 2, covered clauses that are standard and are neither really hurtful or helpful. The clauses covered in this post just completes the photographer’s expectations and lays out how specific terms or tasks will work.
This post, my last post in this series, will cover those you want to stay away from… at all costs. Again, if a photographer is choosing to include them in their contract, I can’t understand that their reasoning is fair or that they are confident in their ability to deliver a acceptable product or experience to you, their customer.
Common Clauses in Your Wedding Photography Contract Explained
Some of the clauses I’ve listed below may seem ludicrous to include in a professional wedding photography contract, but be warned, they are real! I do not include any of these clauses in my agreement, and I never would. However, there are those who are emboldened enough to do so. To each his own, I guess, but I personally believe that these clauses are not in the best interest of the wedding client.
- No Written Contract
- Expecting a photographer, or any vendor for that matter, to perform a very complex series of tasks leading up to your wedding day without a written list of expectations is risky—very risky. Stay clear of any vendor who does not offer and require a written agreement to perform their duties. If they’re willing to operate on a promise and a handshake, expect to be surprised, let down, and disappointed. A written agreement gives you a clear and concise expectation from your photographer. DO NOT hire a photographer (or really any wedding vendor) without a written agreement.
- Equipment Failure Clause
- What the what? When I discovered that some photographers were including this clause in their contracts it led me to believe two things: one, they did not have backup equipment; and two, they were shooting the most important days in people’s lives all by themselves. If a photographer has to cover their rear by listing camera failure as a possibility and then NOT being responsible for that likely possibility, they are generally not prepared to shoot the sanctity of your wedding day. I get it. They don’t want to be responsible. But, there are ways to prevent this from happening without casually shrugging off the responsibility. (Hint: multiple camera bodies, multiple shooters, multiple shooters WITH multiple camera bodies! What are the chances that four or five camera bodies are all going to go caput on the same day?)
- Vague or Ambiguous Clauses
- If someone if going through the trouble to put together a written agreement, it needs to be deliberate, detailed, and descriptive. Be cautious of clauses like “deliver images in approximately one month.” This could mean 30 days or 90 days or even longer. You want a drop dead deadline in your contract like, “Digital proofs will be delivered 30 days after your wedding date.” This way, there is no room for ambiguity.
- If someone if going through the trouble to put together a written agreement, it needs to be deliberate, detailed, and descriptive. Be cautious of clauses like “deliver images in approximately one month.” This could mean 30 days or 90 days or even longer. You want a drop dead deadline in your contract like, “Digital proofs will be delivered 30 days after your wedding date.” This way, there is no room for ambiguity.
- Proofing Galleries for a Limited Time
- This is nothing more than a pressure tactic. A photographer who deploys this practice is trying to pressure you into making rushed decisions as to what images you will purchase. These clauses also usually include a “reposting” fee to put your gallery back online should your ordering phase expire. “Taking the gallery down” is normally accomplished by manually adding an expiration link to your gallery at the time of publishing. “Reposting your gallery” is usually accomplished by removing that expiration date. Charging a fee to turn a gallery off and on is not a good business practice in my humble opinion. However, with that being said, you don’t want to wait forever to order prints or albums from your wedding day. Order them while you still have an emotional attachment, while your photographer still has them on their hard drive (some delete, I don’t), and possible, while your photographer is still in business. I once read that the average life expectancy of a wedding photography business is less than three years.
- Feed Me or Else
- I think this is another unacceptable clause. Feeding wedding guests is expensive… sometimes upwards of $100 a plate. Some photographers include a clause that demands to be fed the exact same plate that the guests are being fed. If they don’t receive that, they reserve the right to leave for an entire HOUR to eat dinner. I actually find this ludicrous. Yes, I may be at your wedding venue for eight or more hours. But I still don’t expect any of my wedding clients to feed me. However, I do expect to know whether or not I am being fed a plate. I’m showing up with a team of three. I only need to know whether or not to pack our own food. And chances are that I’ll be with you over the lunch hour too. I’m not expecting lunch AND dinner.
- Non-Disparagement Clauses
- If someone does a job badly, they deserve a bad review. Yes, there may be some clients who are impossible to please. (This is what consultations and client interviews are for.) But barring a client from leaving a bad review no matter what kind of service is provided is unethical. There has to be some sort of repercussion when a vendor performs unsatisfactorily. If you see this clause in a wedding photography contract, you can just imagine what kind of bad reviews never saw the light of day.
My best advice would be to steer clear of any photographer who includes just one of these clauses in their contract. Do not sign this contract. Continue looking for a skilled, reputable, trustworthy photographer who will deliver the very best products, service and experience without completely bending the odds and favors their way—without any real regard for the actual quality or dependability of their service.
If I’ve said it once, I’ve said it a million times—professional photography is a muddy industry. Literally anyone can claim to be a professional. All you have to do is purchase an entry-level DSLR camera and claim a something-or-another photography handle on any social media platform and BAM! you’re in business. When shopping for your once-in-a-lifetime photographer, get educated! Learn what you need to know to make the best decision possible to hire the most capable photographer within your means to capture the most precious images to preserve your life’s legacy! This literally includes the written words… the contractual obligations! Be sure you read all three parts of this series (Part 1, Part 2) to know everything you need to know about wedding photography contracts! Any questions, shoot me a message, or drop them in the comments section below.
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I am San Antonio’s most unique wedding photographer. I specialize in a 10-day image delivery, same-day prints, same-day slideshows, Italian handcrafted wedding albums and I have a mobile meeting space.
I am a full-time, internationally-awarded and WPPI-C certified professional wedding and senior photographer based in South Texas near San Antonio. I offer a premier and personal service coupled with an unforgettable photography experience. I cater to clients who appreciate quality photography and help them to create family heirlooms that will last for generations.
I started Ata-Girl Photography Co., LLC in 2010. I firmly believe that the unique set of circumstances I have faced in life has prepared me to take a personal and genuine interest in my photography clients. I enjoy documenting the important milestones and captivating moments in people’s lives. I love being a part of people’s journeys and consider myself privileged to document their legacies.
When I’m not photographing a wedding, family or high school senior, I love to spend my spare time hiking, camping, cycling, reading, listening to Elvis and Prince. The most important things in life are for me to see my two daughters happy and to create a family history my grandparents and grandson would be proud of!
The post, Common Clauses in Your Wedding Photography Contract Explained (Part 3), first appeared on Ata-Girl Photography Co.’s website and blog. Please feel free to comment here, or share this post with your friends via Facebook, Twitter or Pinterest. Please email me if you have any questions about this article or want to share a neat idea for a future blog post with me.
