5 Legal Essentials Every Photographer Needs in Their Contracts
You’ve nailed your photography vibe. The bookings are rolling in. And, after a couple of recent client interactions, you now realise that it’s time to ensure that your legal foundations are strong with a client contract (aka, a service agreement).
Whether you’re a wedding photographer, family storyteller or brand content creator, running a photography business in Australia means making sure you’re legally covered. A clear, professional contract helps protect your time, your work, and your client relationships so that you can focus on doing what you love, without the stress.
So if you're not quite sure where to start, here are five legal contract essentials every Australian photographer should have in place to protect their business, their creativity, and their peace of mind.
Please note that the information here is for information purposes only and does not constitute specific legal advice.
01 CLEAR SCOPE
Your contract with your client should clearly outline what’s included in the shoot, what’s extra, and what a client can expect from you so there are no misunderstandings (and no difficult conversations down the line).
Questions to ask yourself: How many edited images are included in your package? What about RAW files - does your client get those? Are travel costs included?
02 INTELLECTUAL PROPERTY + USAGE RIGHTS
Photography is art and generally the images you take are you your intellectual property. Your contract should set out who owns the final photos, how they can be used and whether they can be published, edited or shared online. It should also include whether you can use the images for self-promotion purposes (e.g. posting on social media or publishing on your website). We are more than happy to help you understand the difference between assigning your intellectual property rights v licensing them, as this is an important point to understand.
Questions to ask yourself: Will the client have full ownership? Or will you licence the images for personal use only? Can the client use the images for commercial purposes?
03 CANCELLATION AND RESCHEDULE TERMS
Life happens, and weather - in particular - happens. Delays happen. Your contract needs to clearly explain:
what happens if a client cancels or reschedules;
how much notice is required;
whether a refund or credit applies.
This protects your time and gives the client confidence that you have thought it all through.
Have you thought about this? You’re shooting a sunrise session 70 km from home, client cancels 24 hours ahead because of the weather: what does your contract say you’re owed for your travel time and lost opportunity?”
04 PAYMENT TERMS
Your agreement needs to also clearly set out your fees, when payment is due (deposit, final balance etc) as well as what happens when a client pays late. This helps to ensure that your time and your creativity are properly valued. And avoids having those awkward chasing payments conversations.
Do you have a clear provision for non-refundable deposits? Is this compliant with Australian Consumer Law?
05 DOES YOUR CONTRACT LOOK PROFESSIONAL?
Having a proper contract doesn’t make you “too serious”. It makes you look professional and it encourages people to see value in your work. It shows you know what you are doing, that you have a couple of important boundaries and helps create a smooth experience for everyone.
When your contract looks as polished as your photos, you’re not just an amatuer photographer; you’re a creative business with structure!
READY TO PROTECT YOUR BUSINESS?
At Jan Juc Legal, we have created a Photography Services Contract/Agreement specifically for Australian photographers. It’s linked below and is clear, DIY-friendly and designed to reflect how real photographers work. It’s downloadable in Microsoft Word and just requires you to personalise it to suit your needs.
If you’re unsure or would like a specific tailored agreement, we offer custom agreements to suit your workflow and your concerns. Flick us an email here and we’d love to assist.
