| Author: | Alasdair Taylor |
| Updated: | 5 January 2021 |
| Length: | 20 pages |
| Notes: | 23 pages |
| Format: | MS Word (.DOCX) |
Our photography terms and conditions of business template is designed to be used by both photographers and businesses that provide photography services to both individual and business clients. The template covers the most important issues that could be the subject of contention between photographers and their clients, as well as English law provisions relating to distance contracts and basic contract matters.
Owing to the inherent subjectivity involved in approving a photograph, photographers and their clients may disagree about whether the work product complies with what was agreed and ordered. Our template allows the parties to set out specific requirements in a statement of work document and contains detailed procedures for the client's acceptance of the work.
In order to perform the photography services, authorisations to work in certain locations or for certain images to appear in the photographs may be required. Our model terms and conditions allow the parties to allocate responsibility for securing these authorisations between the photographer and the client as appropriate.
Another important matter will be the rights in the photographer's work product. Our template allows the option of a full transfer of intellectual property ownership to the client or a licence, which can be limited. The template also addresses the issue of the photographer's moral rights as creator of the works, allowing the option to either waive or assert these rights.
The photography terms and conditions of business contain provisions common to many of our service provider agreements. These include obligations to perform the work with care and skill, to keep the client informed and to abide by client instructions. Other clauses relate to the timing for deliverables and client feedback, and photographer warranties with respect to the deliverables. Similarly, provisions addressing the manner of print delivery, billing and payment are included. Confidentiality and publicity obligations restricting the photographer are also contained in the template.
The template also contains standard contract boilerplate covering, amongst other matters, warranties, an indemnity in favour of the client for certain breaches by the photographer, limitations of the photographer's liability and termination provisions. In conformity with UK law on consumer contracts, the model terms and conditions include a cancellation right for those contracts covered by applicable law, which generally gives consumers the right to cancel any purchase within 14 days and specifies the procedure for cancellation and receiving refunds.
The template also includes a model statement of work for specific projects that are to be performed under the terms and conditions.
