Fourteen clauses, what each one is actually protecting you from, and the language beginners most often get wrong. The complete template is at the bottom, free, with no email form.
This contract template has not been reviewed by a lawyer. It is provided free as a guideline rather than a comprehensive contract, and many provisions may not apply depending on where you work. Take it to an attorney licensed in your state before you use it.
If money, a lawsuit threat, or a cancelled wedding is already on the table, stop reading and call a lawyer licensed in your state. That is the honest answer and it costs us nothing to say it.
Four things on this page change from state to state: whether a retainer can truly be kept when a client cancels (clause 04), late fee caps (clause 06), small claims dollar limits (clause 12), and whether a liability cap survives a gross negligence claim (clause 11). Each is flagged inline where it comes up.
A wedding contract is a written record of what you promised, what they promised, and what happens if either of you can’t deliver. Its real job is not winning a lawsuit. It is preventing the argument, because both of you can point at a sentence you both signed. Story after story in the photography forums starts the same way: nothing was ever written down.1
Read the fourteen clauses below in order. Each one names the failure it exists to prevent. If you would rather start from a finished document than assemble one clause at a time, BookNox publishes a plain language guide to what a photography contract needs to cover. It is run by NetNest Design LLC, who also publish this site.
Full legal names of both clients, your business name exactly as registered, the wedding date, and every address you are expected to be at. Sounds trivial. It is the clause that decides whether a contract is enforceable against the person who actually didn’t pay you.
Start time, end time, how many photographers, and explicitly whether a second shooter is included. “Full day coverage” is not a quantity. Write the hours. Then write what happens when the reception runs late: an hourly overage rate, agreed in advance, turns an awkward midnight negotiation into an invoice line.
A number, or a floor with a range: “no fewer than 400 edited images, typically 500 to 700, delivered within 8 weeks.” Never promise every frame you shoot, and never promise a date you have not survived before. Eight to twelve weeks is normal and defensible; four weeks in peak season is a promise you will break.
A deposit is generally understood as money held against future performance and refundable if the service isn’t rendered. A retainer is payment for reserving the date, for turning away every other couple who asked for it. If you want the money to stay with you when they cancel, the contract has to say what it is buying, in that language, and the amount has to be a reasonable estimate of what you actually lose.
Courts in several states will strike a clause they read as a penalty rather than genuine liquidated damages.2 Calling it not refundable does not make it so. Tying it to a real loss, the date and the turned down bookings, is what makes it hold.
Balance due before the wedding day, typically 14 to 30 days out. Chasing a couple for money after they have the photos is the unpaid invoice story that keeps recurring in the niche, and it is entirely preventable by a date in this clause.
A flat fee or a monthly percentage, stated plainly. Several states cap the interest rate a business may charge on overdue consumer invoices; a rate above the cap can void the clause entirely rather than reduce it to the legal maximum.
In the US, copyright vests in the photographer at the moment of capture unless it is a work made for hire or assigned in writing.3 Say so, then grant the couple a clear personal use license: print, share, post, but not sell or license to a vendor. Vendors, meaning venues, florists and planners, asking for images is a separate commercial conversation, and this clause is what lets you have it.
Whether you may use their images in your portfolio, on social, and in submissions. Offer a clear way to say no. Couples who say no are rare; couples who feel they were never asked are not, and that is the complaint that ends up public.
What they owe if they cancel at 12 months, 6 months, 30 days. What you owe if you cancel. And postponement, separately from cancellation: a moved date is not a cancelled one, but it may collide with a booking you already have. Contracts written after 2020 that treat these as the same clause cause fights.
You will be ill on a wedding day eventually. This clause gives you the right to send a comparable professional instead of breaching outright, and tells the couple what happens if no substitute can be found. Name the refund in that case. It is the clause that keeps a bad flu from becoming a lawsuit.
Usually caps your exposure at the amount paid. Standard, and worth having, but understand that in many states a cap will not shield you from gross negligence or willful misconduct, and a court can decline to enforce one it finds unconscionable. It reduces risk; it does not remove it.
Name your state and county. If a dispute is likely to be small, an unpaid balance of a few thousand dollars, small claims is usually your realistic venue, and its dollar ceiling varies widely by state. A mandatory arbitration clause can quietly put your own claim out of reach; think before you copy one in.
Say it: ninety days, one year, whatever you can honestly commit to. An open ended promise to hold their wedding forever is a promise you will break in five years when a drive dies, and it invites a claim you cannot defend.
Both names on the contract means both are on the hook. An electronic signature is fine and enforceable in every US state. An email saying “sounds good!” is not the same thing, and that is exactly the gap most first timers fall into.
All fourteen clauses with fill in sample language, the varies by state flags carried onto the document, and the disclaimer printed before and after the template.
This template has not been reviewed by a lawyer. Take it to an attorney in your state before you use it. We will tell you that every time.