All good photography websites need to be equipped with appropriate and well-written legal documents. This includes Terms and Conditions, also known as Terms of Use, or Terms of Service.
While Terms and Conditions are not required by law, they can protect you from legal liability, ensure that any transactions go smoothly, and can also increase the professionalism of your website.
This article will cover why you need Terms and Conditions for your photography website, what clauses to include, as well as how and where to display it.
Our Terms and Conditions Generator makes it easy to create a Terms and Conditions agreement for your business. Just follow these steps:
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At Step 1, select the Website option or the App option or both.
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Answer some questions about your website or app.
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Answer some questions about your business.
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Enter the email address where you'd like the T&C delivered and click "Generate."
You'll be able to instantly access and download the Terms & Conditions agreement.
- 1. Why are Terms and Conditions Needed for Photography Websites?
- 2. What Clauses to Include in Terms and Conditions for Photography Websites
- 2.1. Definitions
- 2.2. Payment Terms
- 2.3. Cancellation/Termination
- 2.4. Intellectual Property
- 2.5. Limitation of Liability
- 2.6. Governing Law
- 3. How to Display Terms and Conditions for Photography Websites
- 3.1. In Your Website Footer
- 3.2. In Contact or Mailing List Forms
- 3.3. In Any Emails You Send Customers
- 4. Summary
Why are Terms and Conditions Needed for Photography Websites?
You need Terms and Conditions for your photography website for a number of reasons, such as clarifying legal issues, improving trustworthiness, and ensuring that your website is used in line with your expectations.
First, Terms and Conditions clarify the legal relationship between you and any customers or photography subjects that you work with. This includes legal issues such as intellectual property, payment terms, liability, and governing law.
In addition, Terms and Conditions make your website look professional and trustworthy. Having a Terms and Conditions agreement shows that you have thought about legal and contractual things carefully, and that you're likely to apply the same effort to the details of your photography work as you have to your website and business.
Finally, Terms and Conditions can make sure that your website is used in an appropriate way, and establish clear consequences if the rules are not followed.
Now let's take a look at what the most common clauses are for Terms and Conditions for a photography website.
What Clauses to Include in Terms and Conditions for Photography Websites
For Terms and Conditions for your photography website, it can be hard to know which clauses to include. The most important thing is that the clauses reflect your practices, and help to clarify the relationship between you and your customers or website users.
Whether you have a website to showcase your photography portfolio, offer services, or allow users to upload photos to your website, there are a few key sections that most Terms and Conditions have.
Some of the most important clauses that you will need to include are:
- Definitions
- Payment Terms
- Cancellation/Termination
- Intellectual Property
- Limitation of Liability
- Governing Law
We'll now go through each of these in more detail.
Definitions
A definitions clause helps to establish key words or phrases in your Terms and Conditions.
As you can see in the example from Brandon Barnard Photography below, the clause keeps things simple with only a few definitions:
The bullet points help to keep the clause easy to read and clear.
The example below from Fennell Photography shows a clause with a bit more detail. Note that it includes "any photographer or videographer" working for the company as a "photographer" under the definitions. This means that even if someone else is hired to work for them, the terms still apply:
You can also see in the above example that "images" and "photographs" includes prints, digital scans, video files, and other materials. This makes sure that all work products from the photographer are covered.
In the example clause below from Mark Spencer, a similar approach is used, but with less text and simpler language:
You can also see in the clause above that it explicitly states that those Terms and Conditions exclude any others that have been provided by the client. This ensures that your Terms and Conditions are the legal agreement covering any work that you do.
Once you've established some clear definitions, it's also important to set out what your payment terms are.
Payment Terms
If you sell prints on your website, or allow customers to book sessions for photography with you, make sure you have a clause that explains your payment terms.
If your website does not accept payments, or you host images without any fees, you can include a clause that specifies that no payments will take place.
The example below from Brandon Barnard Photography shows the different fee components that a customer may need to pay, including deposits, the final payment, and overdue payments:
This clause is clear about what the fees are, explaining that a 50% or 60% deposit is charged, and is non-refundable. It also specifies that the remaining payment for the photography services is due on the day of the photoshoot, and that overdue payments will accrue interest.
In the example below from Photogenika, you can see that the clause explains that there is a set fee. There is also an additional hourly rate that will be changed, if any booked times go overtime:
In the above example you can also see that the fee should be paid when the photos are handed over, and at the latest within 8 days of any invoice being issued.
Your clause should cover, where applicable, deposits, payment dates, invoicing practices, late fees, and consequences for non-payment. The clause doesn't need to be complicated, if your practices aren't.
For example, the clause below from EPS Photography is very simple. It explains that a booking fee of 300 GBP applies, and that the booking fee is deducted from the total price. Then, you can see that the remaining balance is due within 28 days:
All of these example clauses are clear about the payment terms. If you sell prints or images from your website, you might need to cover deliveries or returns.
In that case, you could use a clause like this example from The Collection:
It specifies that the price on the website includes all taxes, and that delivery costs are displayed in the order summary. It also explains that payment can be made by credit card or bank transfer, and that ownership is transferred when the full price has been paid.
Depending on whether you are selling services or prints, you'll need to make sure that your payment clause is clear about what is required of your customers, how payment can be made, any additional fees, and what happens if they pay late.
Now let's take a look at cancelled photoshoots and orders.
Cancellation/Termination
If your customers can book photoshoots or photo orders through your website, you'll need a clause dealing with cancellations.
For photo sessions this clause from Niki Design Photography explains what happens when sessions are cancelled or rescheduled. It specifies that deposits are non-refundable, and that rescheduling should be done within 7 days:
Using clear language like this helps to make sure that your customers aren't angry or disappointed if they have to cancel: they know what the terms are, and what to expect.
If you are taking photographs outdoors or in unpredictable settings, it can make sense also to include information about weather or unforeseen circumstances, like in the example above.
In this example from Fennell Photography, you can also see that if a cancellation is within 1 working day, 50% of the fee is kept by the photographer. If it is cancelled within 48 hours, the fee is 25%:
You can decide on what your cancellation terms are, and what seems reasonable to you. It can help to look at a selection of photographers working in a similar area to keep things in line with what is already on the market.
For orders of photographs or prints, a clause like this example from The Collection shows you some of the key points for terms around cancelling orders. The clause should establish the timeline within which cancellations can occur (in this case, 14 days).
It should also explain how the process of cancellation works, and provide contact information for customers to get in touch with you:
Note that the clause also establishes that the buyer must pay the costs of returning any prints already received.
This example from Large Photo Prints also explains the cancellation process. The clause explains that under the relevant laws applying to this business, "custom made" goods are not able to be cancelled and receive a refund:
Once you've determined which country's laws govern your contract and commercial dealings, make sure you follow the rules for product returns if a customer wants to cancel a photo order.
In some countries, customers have a right to return goods, where they are allowed to receive a refund or exchange if they return the goods within a set period of time.
Now let's take a look at intellectual property.
Intellectual Property
When you're taking photos of someone else, or printing images for sale, it's important that the intellectual property rules between you are clear.
Usually, the photographer retains copyright in the image they have produced, and customers are given a licence to use it in particular ways.
This clause from Brandon Barnard Photography explains how copyright and photo usage will work for images and footage. You can see that copyright remains with the Service Provider, and that Clients are not allowed to copy images or footage without permission:
You can also see that a non-commercial license is granted at no additional cost, but a commercial license may cost extra. It also contains a "Right to Reproduce" section, allowing the photographer to use images for promotional purposes.
In the clause below from EPS Photography, it also states that photographs are allowed to be displayed by the photographer for business promotion purposes:
Other clauses specify different rules for different types of content, such as in the example below. In this example from Studio Aash, negatives and digital files remain the sole property of the photographer.
It also states that unedited images and RAW files will not be released at any time, and RAW files will be deleted after one year. On the other hand, .jpeg files may be kept indefinitely:
Depending on which types of files you work with and want to use, or keep, you may want to include different terms in your clause on intellectual property.
Consider which rights you want your customers to have, and which rights you want to retain.
In this example from Imgur below, you can see a clause that deals with intellectual property when images are uploaded to a hosting site. If your photography website allows the hosting of images from other photographers, or users can upload their own photos, you may need a clause like this:
If customers or users are able to upload photos to your website, they'll need to grant you a license as you can see in the clause above. It states that Imgur is granted a "non-exclusive, royalty-free, perpetual, irrevocable, worldwide license."
Gaining this is important so that you aren't infringing on your users' rights simply by hosting their images.
Now let's take a look at the limitation of liability clause.
Limitation of Liability
A limitation of liability clause protects you in the event that something goes wrong. This could happen if, for example, you lose photographs or files after a photoshoot. Alternatively, defects could appear in the images, or equipment could get damaged.
Let's take a look at some examples of these clauses.
One example below is from Photogenika. This example states that the photographer is only liable for damage caused by them or their "vicarious agents," and only through intentional harm or gross negligence.
It also states that there will be no liability for any defects that come from incorrect customer instructions:
Consider what damages are likely or possible to happen during the course of your work, or during the course of any sale of prints or photography that you carry out.
If photographs could get lost or damaged, or orders could be wrong or arrive in poor condition, you may want to limit your liability to a certain amount of money. Alternatively, you can offer forms of compensation or replacement goods.
In the example below from EPS Photography, it states that the liability in the event of "total photographic failure" or cancellation is limited to the total value of the contract:
Another example below from Ashleigh Cahn Photography explains similar limits on liability.
It also states that the photographer is not responsible for getting the required releases from models, or for the use of copyrighted or trademarked works. If your photography involves the use of models or products, you might need to include something like this in your limitation of liability clause.
This would mean that any client of yours would have to provide the relevant licenses and releases before you begin shooting:
You can also see in this clause from Brandon Barnard Photography that the Client is responsible for the behaviour of anyone accompanying them. This means that, for example, if a child damages photography equipment during a shoot, the Client would be liable for that:
Also note that the clause reserves the right for any photography assignment to be terminated for "unsafe or unruly" behaviour. If you are carrying out photography with children or animals, it can make sense to include something like this in your Terms and Conditions.
Governing Law
Finally, you'll need a clause setting out what country's laws govern your Terms and Conditions. This establishes which rules will apply if there is a dispute or problem with the contract or the work.
In this example below from Photogenika, it clearly states that the laws of Germany apply, including for deliveries abroad:
In this example from EPS Photography, you can see that the clause is very short, and it simply states that the Terms and Conditions are governed by the Laws of England. A governing law clause does not need to be long, and can be very simple:
You can also see in the clause below from Brandon Barnard Photography that it also states the governing law, in this case, South Africa. It also states that if the contract is a cross-border one, the laws of the United Kingdom can be used for the purposes of fairness:
Now that we've gone through which clauses you need in your Terms and Conditions, we'll look at how to display this important legal agreement.
How to Display Terms and Conditions for Photography Websites
Displaying your Terms and Conditions is important, to make sure that your customers or website users have seen and agreed to them. This means that you can't hide the Terms and Conditions away, and that they need to be obvious, clearly visible, and also actively agreed to.
When you sign up a new customer for a photoshoot, make sure they sign a copy of any Terms and Conditions that apply to the shoot. You'll also need to display your Terms and Conditions in the following places:
- In your website footer
- On any contact forms or mailing list sign-up forms
- In any emails you send customers
Displaying your Terms and Conditions agreement in these places helps to prove that your customers and users had a clear opportunity to read it. It also makes your website and email communications look professional.
In Your Website Footer
The first place you need to display your Terms and Conditions is in your website footer.
Here's an example from Brandon Barnard Photography, where you can see the Terms and Conditions are linked clearly in the footer:
In this example from Niki Design Photography, the display is even better, as the text is larger and easier to read:
When you're displaying your Terms and Conditions in your footer, make sure that the text isn't tiny. Your website users should be able to easily see and find the hyperlink.
In Contact or Mailing List Forms
If you have a contact form, or a form where potential customers or website users can sign up to a mailing list, it's a good idea to include a link to your Terms and Conditions there, too.
In this example below from EPS Photography, you can see that the contact form contains a link to the Terms and Conditions and Privacy Policy before the "Submit" button on the form.
Crucially, it also contains an "I agree" checkbox. This checkbox shows active and clear consent from your users, and is an important step in proving that you obtained consent:
Make sure that anywhere your customers or users can submit their data, that you also include a link to your Privacy Policy and "I agree" checkbox, along with your Terms and Conditions.
In Any Emails You Send Customers
Finally, if you send emails to your customers, it also makes sense to include a link to your Terms and Conditions at the bottom of the email.
If they have received a marketing email and want to sign up for services, they can read your Terms and Conditions easily. Alternatively, if they are looking for a refund or want to find out the terms for cancellation, it makes the process smooth for them.
This example from Little Annie Pop-In Portraits shows how a contact link, Terms and Conditions, and Privacy Policy can all be displayed easily in the email:
Including links like this makes sure that your communications are professional, with important legal information easy to find for your customers.
Summary
A Terms and Conditions agreement is important for making legal information clear to your website users and photography customers.
If you're setting up a website for your photography business, portfolio, or photo hosting website, make sure that your Terms and Conditions cover the most important clauses. These include definitions, payment terms, cancellation terms, intellectual property, liability, and governing law.
Once all the key clauses are drafted, display your Terms and Conditions in your website footer, on any forms your users can submit on your website, and in any emails you send.
With a good set of Terms and Conditions you can make sure that your photography business is protected from liability, looks professional and trustworthy, and serves your customers clearly and without misunderstandings.
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