Top reasons photographers must use service contracts
Photographer Jane had a client who loved her work and hired her for a big event. Jane created stunning photos of the event, but when it came time to pay, the client refused to pay the full amount, citing that they didn't think the price was fair. Also, the client became upset. Because they though that the photographer could not capture all the shots they wanted. Thankfully, Jane had a service contract in place that clearly outlined the payment terms, including the price and when payment was due. She was able to refer the client to the contract, which helped them understand that payment was expected in full, and they ultimately paid without any further issues.
As a photographer, you work hard to capture the perfect moments for your clients. But have you ever considered what would happen if something went wrong? What if a client wasn't happy with your work or refused to pay for your services? This is where having a service contract comes in.
According to a survey conducted by Professional Photographers of America (PPA), only 38% of photographers use service contracts for every job they undertake. The survey was conducted in 2017 and included responses from over 1,200 photographers in the United States.
Reference: "Benchmark Survey: State of the Industry 2017", Professional Photographers of America, 2017
A service contract is a legal agreement between you and your client that outlines the terms of your services, including payment terms, intellectual property rights, and more. Here are some reasons why having a service contract is crucial for photographers:
Protect Your Work
A service contract can protect your work and your client's interests. It ensures that your client understands your services and expectations, reducing the risk of disputes and misunderstandings. Additionally, a service contract can provide a clear outline of what happens if your client is unhappy with your work or refuses to pay for your services.
Clarify Expectations
A service contract can help clarify expectations between you and your client. It outlines the scope of the project, deadlines, and any other details you need to know to complete the job. This can help ensure that everyone is on the same page, reducing the risk of confusion and miscommunication.
Ensure Payment
One of the most important aspects of any service contract is payment terms. With a service contract in place, you can set clear expectations for when and how you will be paid. This can help ensure that you are paid in a timely and fair manner, without any misunderstandings or disputes.
Reduce Liability
A service contract can help protect you from liability in case of accidents or injuries that occur during the job. It can outline who is responsible for any damages, injuries, or other issues that may arise during the job, reducing your risk and liability.
Build Trust
Having a service contract in place can help build trust between you and your clients. It shows that you are a professional who takes their work seriously and cares about their clients' needs. It can help you stand out from competitors who do not have service contracts in place and can make clients more likely to work with you in the future.
Photographers cited the following as the most important terms to include in a service contract: payment terms (95%), scope of work (94%), copyright ownership (91%), and liability protection (91%). This underscores the importance of having a comprehensive and clear service contract in place.
Source: ASMP Business Practices Survey, 2018
10 things you must mention in your serivce contract
Introduction: Names and contact information of parties involved, brief description of services.
Scope of Work: Specific services provided, type of photography, location, and hours.
Payment: Fees, deposits, hourly rates, additional fees, payment due date, and late payment policy.
Deliverables: What the client can expect to receive and when.
Cancellation and Rescheduling: Procedures and fees for cancelling or rescheduling.
Copyright and Usage: Ownership and usage rights of photos.
Liability: Responsibilities of both parties in case of damages or injuries.
Governing Law and Jurisdiction: Governing law and jurisdiction in case of disputes.
Signatures: Both parties sign to indicate agreement.
Confidentiality: This section outlines the confidentiality agreement between you and the client, including any sensitive or private information that may be shared during the course of the shoot or editing process. It should also include the consequences of breaching this agreement.
In conclusion, having a service contract is essential for every photographer. It can protect your work, clarify expectations, ensure payment, reduce liability, and build trust with your clients. Don't take chances with your work or your clients' interests – always have a service contract in place.