I have been working in photography for over 20 years. I have worked in almost every sector of professional photography—from journalism, public relations, and corporate work to weddings, fashion and beauty, architectural and design, and lifestyle photography. One thing that all these sectors have in common is the importance of clear working procedures and contacts.
I remember my first contract—I sent it to a client who was also a dear friend—and when I saw her, she told me, point-blank, “You know we love you, but you are not a lawyer. Either get a lawyer to write you a contract or don’t use one at all!” And you know what? She was right.
She explained how businesses (unlike regular private clients) view contracts filled with sophisticated legal language. You must understand that when you introduce legal jargon, clients will always defer to their legal team.
General Clients
Whether your client is private or commercial/corporate, try to keep contracts simple, easy to understand, and brief. Ask yourself: Do I need to burden each client with every possible scenario and include multiple sections? Here are some things to keep in mind:
- Can I keep the contract under one page?
- Is the language legally sound, straightforward, and easy to understand?
- As your client, would I understand each section?
- What is the value of each section?
Legal vs. Reality
We are not lawyers, and this is not legal advice, but the fact that you wrote something using high-level legal jargon—or even used ChatGPT to draft some terms—does not mean they will hold up in court. The more complicated you make things, the more you risk your contract not standing up legally.
Private Clients
Private clients often do not understand complicated legal terminology. The more sections you include, the more uneasy they may feel. Also, remember that many private clients have less experience with photographer contracts compared to a marketing manager who routinely works with photographers. The average portrait, wedding, or maternity client might only work with a photographer once every few years.
Try to ensure that the terms are explanatory and mutually agreeable. For example, if a client wishes to cancel, they can do so within 72 hours; similarly, the photographer reserves the right to cancel within the same timeframe. Although this is just an example, it is straightforward, mutual, and makes sense. Keep in mind that private clients often don’t have access to legal advice and don’t want to hire a lawyer just to sign a contract.
Corporate Clients
The fact that you paid a lawyer $5K to draft a photography contract does not necessarily mean that a client will sign it, even if they want to. There are two types of business and corporate photography clients: those who have a legal department and those who don’t.
- If they do have a legal department: Your contract will likely be forwarded for review. This can involve significant time and cost as revisions are requested and your contract goes back and forth between parties. Realistically, most such clients will avoid this hassle—it’s much easier for them to choose another photographer, often one with a simpler, shorter contract.
- If they don’t have a legal department: They must consult their own lawyer, who may charge around $100 an hour to review the contract, provide feedback, and negotiate revisions. This process can cost the client several hundred dollars.
Don’t be surprised if you receive a “no, thank you” for your contract and end up having to sign theirs in order to work together. I suppose now you can better appreciate what they are going through.
Solution
As recommended before, keep your contract under one page, short, and to the point. Use clear, straightforward language that both parties can understand and agree upon. Strive to be respectful while protecting your interests and future. Remember, what’s not written doesn’t exist—no one will remember what was said later. Make sure you cover the most important aspects, such as cancellations, disputes, refunds, damages, and acts of God.
It is always wise to seek the advice of legal professionals and ask them to help you draft an easy-to-understand, one-page contract that will protect both you and your business.
