Contracts are enforced by the court of law and can be made between two or more people. They don’t have to be in written form but it is strongly advised. A contract is not legal if it involved an illegal act.
Terms & Conditions
• Must state your own terms & conditions within your contract
• Must accompany all paper work (on reverse)
• Serve to protect both parties
• Includes any third parties
• You can use AOP terms & conditions as they protect the photographer. These are registered with the Office of Fair Trading.
Estimates (to be stated before the job commences)
Estimates areBased on initial instruction from client, which can become the job offer. They also can form the basis of confirmation of a general enquiry (should always include Terms & Conditions). If accepted confirmation will be made by phone, letter, email or
through an agent. If made by phone you must confirm in written form
• Given by the copyright owner
• Usually from the photographer to the client
• Should always be in writing
• Forms part of the Contract’s terms & conditions
• Should be included with the estimate
• Must be agreed before the job commences
• Contact details
• Time period
• Right to credit
• Exclusivity clause
• Terms & conditions (on back)
When creating a contract you must consider third parties. These are people like models, set builders, stylists. The photographer has a subcontract with each third party and they will usually be responsible for their payment.
Model release form
When photographing someone you must use a model release form, especially when you can obviously see the person, so that you have permission to use and publish the images you create with the person in them. The legal issues surrounding model releases are complex and vary by jurisdiction.
When photographing someone under the age of 18 the parent of that person must sign the model release form.
Property release form
If you are photographing a house or other property, you need to obtain a release from the owner of the property to photograph the property. A property release is a legal release signed by the owner of property used in a photograph or video granting permission to use or publish the photograph or video in one form or another.
Public liability insurance covers any awards of damages given to a member of the public because of an injury or damage to their property caused by you or your business. It also covers any related legal fees, costs and expenses as well as costs of hospital treatment (including ambulance costs) that the NHS may claim from you.
Public liability insurance is not compulsory; however it is strongly recommended that if you re working with models/members of the public and move around on location you look into this insurance.
Goods in trust insurance
• Who is responsible?
• Stylist oversees safety of goods and returns them.
• Studio hire provides storage space and is responsibly for insurance.
• The delivery company collected after stylist left.
• Client now wants to know why there is an extra £500 on invoice.
• Each supplier should have ‘goods in trust insurance’
• Advisable if you are in the business of selling your knowledge or skills
• PI insurance protects your business against claims for loss or damage by a client or a third party if you have made mistakes or are found to have been negligent in some or all of the services that you provide for them. PI insurance will also cover legal costs.
• An indemnity clause in a contract ensures that the client is not responsible for any problems which arise from the use of anyone, or anything within the image. Indemnity insurance will cover any such problems.