Why You Need a Photography Agreement and What Happens if You Don’t
As a photographer, your work is not only your art but also your business. Having a clear, legally binding contract with clients is essential – it’s more than just a formality; it’s your safeguard. But what happens if you forget to send over the contract to the client before the shoot, if the client forgets to sign or worse… you haven’t got a legal contract at all?
Here’s why a contract matters and what to do if things don’t go as planned.
Why Do I Need a Signed Photography Agreement Before the Shoot?
Clear Expectations
Without a signed contract, you’re missing the document that outlines key terms like the scope of the shoot, payment, deadlines, and image usage. This clarity protects both you and your client, preventing misunderstandings. If there’s no signed agreement, you could find yourself dealing with confusion or unmet expectations that are hard to resolve later.
Legal Protection
While verbal agreements can be legally binding in Australia, they’re harder to enforce than written contracts. Without a signed document, proving the details of an agreement becomes challenging, especially if there’s a disagreement over payment or image rights. A written contract gives you solid evidence of what was agreed upon, reducing the risk of disputes.
Payment Clarity
One common issue when there’s no signed contract is confusion around payment terms. This can lead to clients delaying payments or, in some cases, refusing to pay. A contract lays out when you’re paid, whether there are late fees, and what happens in case of non-payment. It gives you the legal backing to get paid as agreed.
Defined Scope of Work
If you proceed with a shoot before the contract is signed, you may face complications if a client requests changes or uses the images in ways you didn’t agree to. A signed contract defines limits for revisions, usage, and ownership, reducing misunderstandings and ensuring that you and your client are aligned.
Protecting Your Work and Business
The best approach? Always have a signed contract in place before you start work. Whether in-person, digitally, or via email, getting that signature upfront is a small step that can prevent major headaches later on.
What If Work Has Already Started Without a Signed Contract?
- Document any communications that outline the agreement, such as emails or messages that detail payment, deliverables, and timelines. This can help establish the terms if there’s a disagreement;
- If you find yourself in the position where you have sent the contract to the client but the client has not signed, arguably (and depending on the way the terms are drafted) they will still be bound by the terms of the contract if they move ahead to the shoot;
- It may still be possible to ask your client to sign a contract before delivering the images. While not ideal, a signed agreement partway through the project can help clarify expectations for the remaining work.
Final Thoughts
Having a signed contract isn’t just a safeguard – it’s an investment in the security of your business. It protects both you and your clients, providing a clear structure for each project. If you need reliable, legally sound documents for your photography business, check out Cherrypicka’s Doc Shop for templates designed to help creatives like you stay protected.