Contract Essentials

Key clauses every wedding photography/videography contract should include. This is a reference guide - always have contracts reviewed by a local attorney.

Disclaimer: This guide is educational reference only, not legal advice. Contract requirements vary by state/country. Have your contract reviewed by an attorney licensed in Hawaii (or your jurisdiction) before use.

Critical Core Clauses

Critical

Parties & Event Details

Clearly identify who is signing the contract and what event you're covering.

  • Full legal names of both parties (you and client)
  • Business name and registration (if applicable)
  • Event date, time, and location(s)
  • Coverage start and end times
  • Client contact information
Critical

Services & Deliverables

Specifically describe what you will provide.

  • Hours of coverage
  • Number of photographers/videographers
  • Estimated number of images (if applicable)
  • Video deliverables (highlight film length, full ceremony, etc.)
  • Album/print products included
  • Online gallery specifics
  • Delivery timeline
"Photographer will provide 8 hours of wedding day coverage, beginning at 2:00 PM and concluding at 10:00 PM. Client will receive a minimum of 400 edited, high-resolution digital images delivered via online gallery within 8 weeks of the event date."
Critical

Payment Terms

Clear payment structure protects both parties.

  • Total fee and what it includes
  • Retainer/deposit amount (typically 25-50%)
  • Payment schedule (when remaining balance is due)
  • Accepted payment methods
  • Late payment fees (if applicable)
  • Travel fees for destination weddings
"Total investment: $5,000. A non-refundable retainer of $1,500 is due upon signing to secure the date. Remaining balance of $3,500 is due 14 days prior to the event date. Late payments are subject to a $50 weekly fee."
Critical

Cancellation & Refund Policy

Protect yourself from last-minute cancellations while being fair to clients.

  • Retainer is typically non-refundable (it holds your date)
  • Cancellation fee schedule based on timing
  • What happens if YOU must cancel (illness, emergency)
  • Force majeure / act of God provisions
  • Date changes vs. cancellations
"Cancellation 180+ days before event: Retainer forfeited, no additional fees. 90-180 days: 50% of total fee due. 90 days or less: Full payment due. If Photographer must cancel due to emergency, Photographer will make reasonable effort to provide substitute coverage or full refund."

Protection Clauses

Critical

Limitation of Liability

Caps your maximum financial exposure in case something goes wrong.

  • Limits liability to amount paid or a reasonable multiple
  • Excludes consequential/special damages
  • Equipment failure provisions
  • Cannot guarantee specific shots (guest blocking, weather, etc.)
"In the unlikely event of a failure to perform as specified, liability is limited to a refund of fees paid. Photographer is not responsible for photos not taken due to circumstances beyond their control, including but not limited to: guest interference, venue restrictions, weather conditions, or equipment failure."
Important

Copyright & Usage Rights

Clarify who owns the images and how they can be used.

  • Photographer retains copyright (standard)
  • Client receives license for personal use
  • Specify if commercial use is allowed
  • Address print release if giving files
  • Social media usage by both parties
"Photographer retains copyright to all images. Client receives unlimited personal use license for non-commercial purposes. Client may print images for personal use without additional fees. Any commercial use requires written permission."
Important

Model Release / Portfolio Use

Get permission to use images for marketing.

  • Right to use images in portfolio, website, social media
  • Right to submit to publications/blogs
  • Option for client to opt out (some do)
  • No compensation for promotional use
"Client grants permission for Photographer to use images for portfolio, website, social media, advertising, and submission to publications. Client understands no compensation is due for such use. Client may opt out of this clause in writing prior to the event."
Important

Indemnification

Protection from third-party claims arising from the event.

  • Client holds photographer harmless for venue damages
  • Protection from claims by guests
  • Responsibility for obtaining necessary permits

Operational Clauses

Recommended

Cooperation & Access

Ensure you can do your job effectively.

  • Client agrees to provide reasonable access
  • Time for portraits in timeline
  • Guest photographer policy
  • Working with other vendors
  • Venue restrictions communication
"Client agrees to ensure Photographer has reasonable access to all events for coverage. Client will allocate minimum 30 minutes for couple portraits. Guest photography is welcome but must not interfere with professional coverage."
Recommended

Editing & Creative Control

Set expectations about editing style and output.

  • Editing style at photographer's discretion
  • Final image selection at photographer's discretion
  • No obligation to provide RAW files
  • Re-editing requests policy
"Editing style, color treatment, and final image selection are at Photographer's discretion consistent with their portfolio. RAW files are not provided. Requests for re-edits may incur additional fees."
Recommended

Data Retention

How long you'll keep their files.

  • Online gallery availability period
  • How long RAW files are retained
  • Backup/archive duration
  • Client responsibility to download/backup
"Online gallery will remain active for 12 months from delivery date. RAW files are retained for 12 months following delivery. Client is responsible for downloading and backing up images. Extended storage available upon request for additional fee."

Hawaii-Specific Considerations

Important

Weather & Venue Contingencies

Hawaii weather can be unpredictable - set expectations.

  • Weather is not grounds for cancellation/refund
  • Backup locations are client's responsibility
  • Brief showers don't constitute "bad weather"
  • Hurricane/tropical storm provisions
Important

Permits & Permissions

Clarify who is responsible for location permits.

  • Client/planner responsible for venue permits
  • Drone permits if aerial coverage desired
  • Beach/park permit requirements
  • Liability if shooting without proper permits
Recommended

Travel for Destination Clients

For mainland clients having Hawaii weddings.

  • Timeline consultation considering jet lag
  • Communication preferences across time zones
  • Digital contract signing acceptance
  • Wire transfer/online payment options

Contract Best Practices

  • Always get signatures: Digital signatures (DocuSign, HoneyBook, etc.) are legally binding
  • Both parties sign: Your signature makes it a mutual agreement
  • Keep copies: Provide client a copy and retain your own
  • Review annually: Update contract based on experiences and legal changes
  • Be consistent: Use the same contract for all clients
  • Read it yourself: Know your contract inside and out
Get Professional Help

This guide covers common clauses, but contract law varies by jurisdiction. Invest in having an attorney:

  • Review your contract template
  • Ensure compliance with Hawaii state law
  • Customize clauses for your specific business
  • Update contract when laws change

Consider organizations like PPA (Professional Photographers of America) which offer contract templates and legal resources to members.