Legal things to discuss with your photographer
There’s not much that can get a pair of panties into a twist quite like the subject of wedding photographs. And all of the things that can go wrong with them. Let’s face it, weddings - even the smaller ones - go by in a fleeting blur of love and champagne and it’s really the photographs that bring the memory of your special day back to life. Once the last of the wedding cake has been eaten and once the honeymoon period is long behind you, it’s really ALL about the photographs.
We all know a friend, or a friend of a friend, whose precious wedding photos never made it into an album because their photographer’s hard drive was mauled by their dog. Or whose intimate, personal moments were splashed across Facebook. Or whose pictures took 14 months to be edited and finished off. Or whose photographer got sozzled at the open bar. Equally, we probably all know a wedding photographer who has had a hellish experience of not being given any food at a wedding. Or was shat on from a royal height when they nipped off to the loo and missed Aunty Edna playing with the flower girl.
Because your wedding photographs carry such a hefty emotional load, it’s really important that you and your photographer are on the same page. And, more critically, that the expectations around their services are written down in a service agreement that you both engage with, agree to, and sign. Remember, the contract is not all about you. It’s as much about making sure that your photographer is treated fairly.
Here are a list of things to discuss with your photographer and make sure are covered in their service agreement:
MONEY
What is the cost of the photographic service?
What are the payment terms i.e. 50% deposit to secure the photographer, 50% balance of payment within 3 days of the photographs being sent digitally?
What does a deposit secure?
What is the refund policy if the photographer cancels?
What is the refund policy if you cancel?
What happens to the balance of payment if the photographs take longer than you agreed to deliver the photos?
Will there be an invoice issued by the photographer?
TIMELINE
How far in advance should you be formalising a booking?
What is the timeline of the photographers cancellation terms?
Does your photographer offer any ’sneak peak’ shots? How long can you expect to wait until you see those?
When can you expect your photographs to be delivered?
If you’ll be making a photographic selection, how long will it take to see the low resolution images?
How long after that can you expect all of the photographs?
What if they take longer? Is there a discount for late photographs?
INTELLECTUAL PROPERTY
Who actually owns your wedding photographs?
Is the photographer allowed to use your wedding photographs for marketing?
Is the photographer allowed to share your wedding photographs on social media?
Are you allowed to share your wedding photographs on social media?
Are you allowed to edit your wedding photographs?
STORAGE & SAFETY
How will the photographer be storing your wedding photographs?
What are their plans to back up your photographs?
How long is the photographer expected to keep backups of your photographs?
What happens if something goes wrong before your photographs are delivered i.e their dog mauls the hard drive?
Will there be backups done on the day?
DELIVERY
What will you be getting from the photographer?
How many photographs will you be getting?
How will you be getting the digital files?
Are you receiving physical products i.e. printed photographs, framed images?
How will you be receiving physical products i.e. via post?
Who will cover postage?
What happens if the products arrived damaged?
SELECTION
What is the photographer’s selection process like?
Do you get all of the photographs or will you be choosing from low resolution images?
What if you don’t like any of the photographs?
What if you can’t see the low resolution photographs properly, can you ask for higher resolution?
What if you see the photographs and want more i.e can you pay extra for more?
LOGISTICS
What is the date of your wedding?
What time will the photographer be arriving?
What if they are late?
What are the locations and moments that you’d like captured?
Who will cover the cost of the photographer travelling to your wedding?
Who will cover accommodation for the photographer?
Who will cover the cost of eating ‘on the job’ of the photographer?
What time do you expect the photographer to be on the job until?
What if the photographer leaves early?
What equipment has the photographer committed to having with them on the day?
Will the photographer be bringing a support photographer?
What is the scope of work for the support photographer?
Who will cover the cost of travel, accommodation and eating ‘on the job’ for the support photographer?
INTERPERSONAL
Will you be providing the photographer with a meal?
What are your feelings about the photographer having reasonable comfort breaks?
What are your expectations about the photographer mingling and speaking to your guests?
SHOTLIST AND STYLE
What are the moments that you really want captured i.e. the parts where you’d be really sad if the photographer was in the bathroom?
What are your expectations around style and aesthetic i.e. are you happy to give the photographer complete creative license?
If your wedding photographer don’t present you with a contract, then you should be asking for one. And if they don’t have one, send them our way.