Photography checklist

Before you sign a photography contract

8 clauses worth a second look, with what is off-market and the one-line fix for each. Work down the list against the contract in your inbox.

1. 01

   Kill fee

   Red flag

   A clause letting the client cancel any time with a full refund of the retainer, leaving the photographer with a blocked calendar date and no compensation.

   The fix

   "The retainer is non-refundable. Cancellations within [14 days] of the shoot are billed at 50% of the fee; within [48 hours], 100%."

   What is normal for kill fee →
2. 02

   Deposit

   Red flag

   No retainer, with everything due after delivery. The photographer holds the date, shoots, edits, and then waits to be paid, carrying all the risk if the client disappears.

   The fix

   "A 40% non-refundable retainer is due at booking to reserve the date. The balance is due before final images are delivered."

   What is normal for deposit →
3. 03

   Net payment terms

   Red flag

   Net-60 or longer on a shoot the photographer has already delivered, or a licensing fee due only after the client's campaign runs.

   The fix

   "Final high-resolution images are delivered on receipt of the balance. Commercial invoices are Net-30 with a 1.5% monthly late fee."

   What is normal for net payment terms →
4. 04

   Unlimited revisions

   Red flag

   "Unlimited edits until the client is happy" with no cap on rounds or on how many images get the retouching treatment.

   The fix

   "The fee includes retouching of [N] selected images and 1 round of revisions. Additional selects or rounds are billed at [rate]."

   What is normal for unlimited revisions →
5. 05

   IP transfer

   Red flag

   "All images and copyright become the client's property on payment," bundled into a standard shoot fee, and transfer triggered before final payment.

   The fix

   "Client receives a license for [uses, media, term]. Copyright remains with the Photographer. A full buyout is available at [price]."

   What is normal for ip transfer →
6. 06

   Exclusivity

   Red flag

   A clause barring the photographer from shooting for anyone in a broad industry for a year after a single shoot, with no added compensation.

   The fix

   "Photographer will not shoot for [named competitors] for [3 months]. This exclusivity is reflected in the agreed fee."

   What is normal for exclusivity →
7. 07

   Liability cap

   Red flag

   Uncapped liability making the photographer responsible for a client's lost profits or downstream losses, or guaranteeing a specific outcome for an unrepeatable live event.

   The fix

   "Photographer's liability is capped at the fees paid. For unrepeatable events, the remedy is limited to a re-shoot or a refund. Consequential damages are excluded."

   What is normal for liability cap →
8. 08

   Non-compete

   Red flag

   A clause preventing the photographer from working in the client's whole industry for months or years after a single shoot, uncompensated.

   The fix

   "Photographer will keep Client's materials and unreleased images confidential, and is otherwise free to work with other clients, including in the same industry."

   What is normal for non-compete →