The role of the photographer—and possibly the videographer—for a wedding ceremony, reception, and related events is an important role and often a significant cost of getting married. Hiring this professional can cost thousands of dollars and the photographer may need to be reserved a year or more in advance. With months of planning and a one-time opportunity to capture images and important memories, you want to ensure you will receive the service and product you expect.
To reserve a professional photographer and videographer for your wedding day, you will often be presented with a contract—a legally enforceable agreement that includes important details of what you will receive in connection with the photographer’s service and photographs, and the price you will pay. This contract or agreement may be called a wedding photography contract or similar name.
It is important to carefully read and understand this agreement before signing it to minimize the chances of being disappointed on your wedding day. Make sure the agreement details the terms of the services you expect, avoiding general references to services, photography packages, and starting and ending times for the photographer to be providing photography services (specify from 10:00 a.m. to 10:00 p.m.—not “for the day”).
Some of the important clauses that typically appear in wedding photography contracts include:
• Deposit or Nonrefundable Deposit. The deposit or nonrefundable deposit provision of the agreement provides the amount of money you (as the bride and groom or couple) must pay or put down to reserve or secure the photographer for your chosen date. This deposit may be as much as 50 percent of the total cost and may be nonrefundable from the time you pay it or may become nonrefundable within some amount of time (weeks or months) following the payment, or within a specified number of days or months before the wedding. The remainder of the photographer’s fee may be due 30 days before the wedding date, for example. A nonrefundable deposit may also be referred to as liquidated damages that the photographer is allowed to keep if you back out of or cancel the wedding or photography services.
• Payment Method. Specify the methods of payment the photographer will accept, as not all photographers accept payment by credit card.
• Deliverables and Timeline. Specify the deliverables (proofs, prints, discs, processing, editing, etc.) that will be delivered by the photographer as part of the purchased package or services. Also specify the dates by which (1) the photographer will deliver photograph proofs; (2) the couple must prints or other deliverables; and (3) the deliverables will he delivered to the couple. Include the method of delivery (pickup, e-mail, cloud-based web service, or delivery by U.S. mail or shipping service (UPS, FedEx).
• Copyright Ownership, Assignment, and Licenses. Address ownership of the copyright and other intellectual property rights in the photographs. For example, the photographer may assign the couple all interest in and ownership of the copyright and other intellectual property rights in the photographs upon full payment for the photographer’s services. If the photographer retains ownership of these intellectual property rights the couple may want to ensure the photographer grants the couple a license to use the photographs in certain ways—such as sharing them on social media and for a wedding announcement in the newspaper. If the couple does not own the intellectual property rights in the photographs or images they may have difficulty getting additional prints or copies made in the future.
• Model Release. The photographer may want to use the wedding photos in the photographer’s promotional materials, and if the couple agrees, their permission to do so should be included in the agreement.
• Additional or Overtime Hours. If the couple wants the photographer to stay later in the evening to capture additional photographs during the wedding dance, for example, what will the photographer’s fee be for these additional services?
• Cancellation. If the couple cancels the wedding or the photographer’s services for any reason, the agreement should address how much if any of the deposit is refundable and if any additional portion of the photographer’s fee is due. If the photographer is not able to fulfill duties under the agreement due to illness or other unforeseen circumstances, will the deposit and any other fees paid be refunded?
• Photo Permits. If the wedding will be in a location that requires a photo permit, address who is responsible for securing the permit.
• Meals. If the photographer and any of the photographer’s assistants will be provided meals during the wedding reception or after the wedding ceremony, for example, specify the number of meals that will be provided.
There may be additional important issues included in an agreement proposed by a wedding photographer. Consider all issues carefully and request any additional issues that may be important to you be included in the agreement. If there is any part of the agreement you do not understand—or if you believe your investment in the photography services justifies it—consider having a lawyer review the agreement.
And one of the best ways to ensure you have a positive experience with your wedding day photographer is to carefully research the photographer, including online reviews and recommendations from friends and family who have used the photographer’s services.
In Texas, when hiring a photographer or videographer for a wedding, it is common to enter into a contract that outlines the scope of services, payment terms, deliverables, and other important details. The contract should clearly state the deposit amount, which may be nonrefundable, and the payment schedule, including any final payments due before the wedding date. It should also specify the deliverables (e.g., proofs, prints, digital files) and the timeline for delivery. Copyright ownership and usage rights are crucial elements, with options ranging from full assignment of rights to the couple upon full payment to a license for personal use if the photographer retains copyright. A model release clause may be included if the couple agrees to allow the photographer to use the images for promotional purposes. The contract should cover additional hours or overtime fees, cancellation policies, potential refunds, photo permits, and provisions for meals for the photographer and assistants. It is advisable to fully understand the contract and, if necessary, have it reviewed by an attorney, especially considering the significant investment in wedding photography services. Additionally, researching the photographer's reputation and seeking recommendations can help ensure a satisfactory experience.
