Covid-19 Wedding, Event, and Portrait Photography Contract
This is a guide on how to ensure you, as a photographer, are keeping yourself and your clients safe/covered through your contract. I think we can all agree that some holes were found in our contracts after experiencing this pandemic. It made me realize that I need a contract that will keep me safe through Covid-19, as well as any other pandemic that may occur. Below, I will talk about the most important points to make sure to cover in your contract. I have also included a link to my own photography contract, designed in collaboration with my lawyer, which is available for purchase.
My own easy-to-use contract set is available for purchase for $39.50. This contract was designed for photographers by my lawyer and is applicable to weddings, photo sessions, and event photography. Save yourself on lawyer fees, and rest assured that you are taken care of. Check it out below.
Cover These Topics in Your Contract to Keep Your Business and Clients Safe
Rescheduling Fee: You'll want to make sure your contract states clearly what would happen if the client needs to move their date due to Covid-19. I personally do not have a rescheduling fee, but I know some photographers charge anywhere form $100-$500.
Deposit Credit: If the client’s photo shoot or event is cancelled due to Covid-19, make sure the contract states how long the client will be able to use their deposit credit before it expires, if at all. I personally allow my clients to use their credit for up to 1 year after their initial date.
Substitute Photographer: Make sure your client knows what would happen if you were to get sick on their scheduled date, and were unable to photograph their event. My contract states that I agree to send another photographer of similar style instead, and that I will edit the images myself. This way, the client is always taken care of if something happens. My contract also states that if I am unable to find another photographer, or the client does not accept any of the photographers I offer, we will defer to the "Force Majeure" section of my contract discussed below.
"Downgrading" Package: The contract should clearly state if the client is allowed to reduce hours of coverage from what was agreed upon when they originally signed. So, for example, if the client books an 8 hour package, are they allowed to reduce coverage on a later date if they want to switch to a 2 or 5 hour package? I personally don't allow my clients to reduce coverage. I have an 8 hour minimum for Saturday events, and if they want to switch to a 5 hour package, I would lose out on the income I would have made if I'd booked another client who was willing to commit to an 8 hour minimum. If the client expresses interest in a more flexible package, I recommend they move their date to a weekday and start off with a smaller package. This way they'll be able to upgrade to a higher package if needed.
Force Majeure: A force majeure is an unforeseeable circumstance that would prevent someone from fulfilling a contract. This is where you'll want to lay out what would happen if you are unable to shoot the event or photo session due to anything outside of your control, and are unable or unwilling to send a substitute photographer (i.e. you have Covid-19, someone attending the wedding is reported to have Covid-19, you cannot find another photographer, or the client does not accept your alternate photographer). Will you refund their deposit? Mine states that I will not refund any deposits, but as stated above, there is no rescheduling fee, and my client may use their deposit for up to 1 year after the original date. Mine also states that I will return any other balances paid.
Cancellation Refunds: The contract should clearly state whether or not you will refund any balances paid, should the client decide to cancel their photo shoot or event. Although your deposit may be non-refundable, what about the balance they paid prior to their wedding date? My clients pay their balance 4 weeks before their date, and once the balance is paid, my contract states that I am not obligated to return their balance if their wedding is cancelled, but that I may do so at my discretion. I take this on a case-by-case basis, and have returned balances in the past due to cancellations. Clients, just make sure this is laid out in the contract and that you are comfortable with the photographer's rule regarding balance refunds.
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Other Topics To Cover
My contract covers the following items.. if you’re looking to upgrade your contract, definitely take a look at my available contract. This contact is Covid-19 safe and can be used for both weddings and engagement, portrait, and family shoots.
Travel Costs
Reserved Dates
Copyrights
RAW Footage
Shooting and Editing Style
Archiving
Images Taken
Edited Images
Print Release Policy
Package Adjustments
Cancellations
Social Media
Print Credits
Force Majeure
Delivery Timeline
Delivery Method
Sole and Exclusive Photographer
Substitute Photographer
Limitation of Complaint
Warranty
Entire Agreement
Amendments
Indemnity and Release of Liability
Time is of the Essence
Litigation Expense
Survivability
Governing Law
Survival of Terms
Attorney’s Fees and Costs
Joint Preparation
Joint and Several Liabillity
Modification
Counterparts
Important Note: Buyer assumes all legal responsibility. Alixann Loosle Photography will not be held responsible or accountable for any legal activity to come from this product or advice.
To check out my contract and read reviews, click HERE.
You’ll also find reviews at the bottom of the page! Head over to check it out!