When you go to a school to photograph children either as a portrait photographer or as an events photographer it’s vital that you have a signed school photographers agreement and contract in place with that school. It will save a lot of problems for you at a later stage.
Your school photographers contract should cover what you intend to do when you intend to do it, what your costs are and what you are liable for. It will also include the services that you provide exception this saves any conflict or misunderstandings between you and the school. It’s vital that you include this stage in your workflow process. Below I have written the basics of the things that need to go into this agreement.
Once you have got your initial form and information set up each time you go to a school all you need to do is adapt it for that specific school so it won’t take so much time. As this is a legal document you may prefer to go through a solicitor or lawyer to make sure that it’s worded correctly. There are many elements included in this document and you may feel that some are more relevant than others for your specific purpose.
What You Need In Your School Photographer Agreement & Why
If you’re working for yourself and doing your own school portrait shoots you will need to have your own school photographers agreement. This isn’t a problem it’s simply a matter of having a general standard template that you can adapt to each school.
You can either use this agreement as an actual form that is printed and signed. Or you can have a form created on your website so that schools can sign up and agree on your website.
Some people prefer simple form however any contract or agreement should be there to make sure that if there are any problems in the future there is no misunderstanding as to what was agreed. For example, if you think you were going to supply a 4 photo proof of each child and school think she was going to supply 4 photo proofs plus a large photo proof of each child it could cause problems. If you have it there in writing it makes it much easier to contest any misunderstandings in the future. This also helps both yourself and the school. This may sound obvious but it’s surprising how many people don’t actually do this.
The rules surrounding photographing children and going into the school where miners exist will vary from country to country. It’s best to check your local laws to see where you stand and what is required.
Note: It’s always best to protect yourself from any issues that may arise in advance. by having a clear contract in place and say what you will do and what your practices are this helps to protect you and the school.
Disclaimer: This article is for general information only and although I’ve worked as a contract writer in the past I am not a lawyer or a solicitor. Please make sure that you have your contract drawn up via your own lawyer or solicitor if possible. And that you confirm any specific laws to your area or country.
Things that should be put in your form:
The Full Name of the School
it’s important to put the name of a school down in the contract so it’s clear who the contract is worth. You should also include the school address and any other defining details if there are their names schools similar in the area.
Their Contact Name & Details Including First Name and Last Name
It’s important for you to have a contact name that you can get hold of if you need to. This needs to be both their first and their last names. And also including their telephone number and email address.
Your Contact Details and Name
It’s also important for you to include your contact details your personal name and business name your telephone number and email etc.
The Date Your Contract Commences
if you’re doing a one-off school Photography shoot you need to state the day that you will be attending the school and the time. If you are doing a longer contract. Then include the first day the contract commences.
The Date Your Contract Finishes
It’s also important for you to put the final date the contract finishes even if that’s only for the one day.
What Photo Proofs Will be Supplied and How i.e. Printed or On Website etc
Most goals will require you to do photo proofs to hand out to the parents period money still want this printed format however you may be able to also put your proofs online if that’s agreeable to the school. They should be stated in your contract and so that it’s clear what you are doing and what school has agreed to.
You should also say exactly what proofs will be supplied and how many and it how big.
When the Photo Proofs Will be Supplied
For the school to know how long it was going to take you to supply them with the proofs of the photos after you’ve done your photo shoot so in this section you should put in a timeframe for the delivery of photo proofs.
The Size of the Finished Photos Printed Packages and Sizes
In addition to your photo proofs, you will want to give a list of all of the different sizes available of your photos.
Use it also include any packages you And the sizes of the photos do for instance for smokes more photos one big photo.
If you have any other services that you can provide them for instance mugs key-rings etc you should also include these along with the prices for them.
When Money is Need to be Collected By
It is vital for the school to know when the money needs to be collected by for you to deliver the photos. It is likely that you will not want to print out your photos and till you are sure and that you will be paid for them.
When Photos Will Be Delivered & Where
You also need to include where and when the photos will be delivered. With schools, it’s fairly obviously likely that it will be the actual school but put this in just to be sure.
The Schools Commissions
Schools often want commissions from the photos and they will have told you how much they intend to take. you need to include this amount in your agreement so that it’s in writing and clear to both parties.
Agreed Dates for a Photo-shoot, Agreed Times, Agreed Location, etc
You’ve already put in the dates that your contract starts and ends how are you need also to have specific x and the agreed location where your photo shoot will take place.
Your Cancellation Policy
You also need to have a cancellation policy. You need to put down when is the latest time they can cancel period if cancellation will incur any charges and if so what these charges will be.
School Consent Forms for Parents
You will need to have a consent form (model release) signed by the parents giving their permission for you to take the pictures of their children before you do your session. This is both because they are minors and you need to have permission and also because you are using the photos for a commercial purpose.
Signature area for You and the School
You should include a signature area for you to sign and for the school to sign and the dates on which the document has been signed.
Other Information That Goes Into Contracts
Limit of Liability
I need to state the limit of your liability should things go wrong. You should state the limits to The cost of damage is that your company or you will be responsible for in the event that something goes wrong with the photos etc.
Include a Force Majeure Clause
It’s a good idea to put a force majeure clause into any contracts and agreements. A Force
Make sure You Have a Complaints Procedure
It’s vital that you have a complaints procedure in place as there are bound to be disputes of complaints at some point and you need to know how to deal with them. More importantly, it’s important that your client needs to know how they will be dealt with and by when. If you’ve written everything clearly in your contract it will give you a better clearer understanding of where you and your clients stand.
Know Who Owns Your Copyright
It’s vital that everybody knows who owns the images that you have taken. Is it you, the school, or the parents, etc. This needs to be laid out clearly and precisely so that everyone is in no doubt. Note: It
If you are uploading the photos to your computer any privacy notice is also required.
Confidentiality Agreement
You should also have a confidentiality clause in your agreement. This is not the same thing as a privacy policy.
If you Are Storing Any Information of EU Citizens GDPR WILL Apply
GDPR is fairly new and is used for data protection for storing of information of any EU citizen. So this really mostly applies to anybody dealing with anyone in the EU. However, it also applies regardless of where you live and work. So if you have an EU citizen in the US the law still applies.
However, if you are planning on keeping any data whatsoever, for instance, the names of the children, the images or the parents or telephone numbers, etc you are required to comply with privacy laws.
This especially applies if they are being kept on your computer as in some countries like the UK for example, you are required to inform the government.
In the UK & EU you need to get their permission to keep their information on your computer or on your website. Perhaps adding this to the consent form would be the easiest option.