What goes in a food photography contract?

It is best if clients and photographers have an understanding of what each others expectations are. A contract will help define the scope of work and put everyone on the same page, avoiding misunderstandings and getting the job right. Here are some things to consider when writing a contract for food photography.

Date, Time, Length, and Location—It is important to Have at least a tentative date and time of day. The length of the shoot is almost always an estimate but should be established in advance. Knowing the location helps the photographer understand travel details and timing. These elements can remain somewhat flexible if all parties agree.

The aesthetic- It is helpful if a client develops some sense of what they want the aesthetic to be to help the photographer deliver on expectations. A shoot outside on a picnic table differs greatly from an elegant setting with candles and wine glasses. Specific details don't need to be defined in advance, but having a vision of the aesthetic is very helpful. If nothing else, clients can provide the photographer with a mood board, sample images acquired from the Internet, or their own portfolio to help illustrate their vision.

Alternatively, clients can ask the photographer to construct a mood board (a series of images depicting the tone, light, and feel of the shots) and make suggestions on art direction. This can be part of the collaborative process. Pulling inspirational images and creating mood boards usually takes time, and the photographer will most likely build that into their estimate or give it as a separate quote as a creative fee.

Number of images. Clients should attempt to conceptualize the food shoot, with input from the photographer if needed. How many dishes need to be shot? Are there different angles or compositions for each? Are they all being shot on the same background or set, or is each shot unique? Again, some flexibility can be helpful, but having an estimate of the number of images helps photographers estimate pricing and timing. Providing a specific shot list, if possible, will help everybody!

Who does what?

• Who provides the space, the chef, the food, the food prep, the stylist (if needed), the set (dishes, flatware, backgrounds, etc.)

• Who sources talent (models), makeup and hair stylists, etc., if needed?

• Does the client provide an artistic or creative director to be on location or rely solely on the photographer’s judgment for the finished product?

Budget- It is important for clients to establish a budget for the shoot. Determining how much you have to invest is essential. It will also help you define who you choose to do the job. Some photographers charge for time, others per image. Knowing the budget helps the photographer frame the service. Budgets do not need to be big, just defined. Help the photographer help you. It will save time and give all parties a framework to develop a workable agreement. There are a lot of photographers with varying levels of experience, equipment, and understanding of all of the components of a successful photo shoot. Some clients hesitate to verbalize a budget, wanting to get the most for the least. Establishing a budget level the playing field and allows clients to get competitive proposals from more photographers. Fifty-dollar food photographers exist, but be sure to check their portfolios. Think in terms of homebuilding. You wouldn’t just ask how much it costs to build a house.

Payment terms- Is a deposit/retainer required? When will the final payment be delivered? Are interim payments needed (for purchasing items, hiring talent, renting equipment)? Is there a late payment clause?

The technical stuff- It is helpful if the client relates the photos' purpose to the studio. Knowing what resolution the final product images need to be (in other words, whether they will be used on a website or for print) helps the photographer know what to deliver. Also, knowing the orientation and crop size of the images in advance is important. For example, if they are going on a website, do they need to be square? If so, the photographer might use a different lens or setup. Sometimes, fixing an image in post-production that is shot with the wrong orientation does not provide the best outcome. So, if possible, share any layout ideas in advance.

Copyright- Unless otherwise specified, the photographer/studio owns and licenses the images to their client. This comes as a surprise to some (newer) clients. Licenses can be exclusive, time-limited, perpetual, or revocable. Can clients re-license the images? Can the client use them for multi-purpose outlets (advertising, menus, social media, etc.), or is use restricted? Defining these stipulations in advance is important! Clients can propose the idea of buying the images (copyright) outright or ask for an exclusive license, but there is typically more expense involved.

Education- Take a little time to educate yourself. Look through some food photographers’ portfolios, read about their experience, and get references if possible. It is also essential for you to gauge the photographer’s professionalism and ability to understand the overall project. Do you get along with them? Do they know their stuff? Most food photography projects require partnership and a spirit of cooperation. The photographer’s job is to make your food look so good that people want to eat it! Choose wisely.

Other considerations best defined in the contract

• Time frames for expected delivery of proofs and final products

• Delivery methods (Dropbox, thumb drive)

• Insurance- is it required, and who has it?

• Method and timing of payment and deposits.

• Larger shoots may require a photographer’s assistant. Wrangling cameras, lights, computer equipment, sets, food, and style can be more than a one person job.

• Location expenses.

Want more detailed information on the contents of photography contracts? See the American Photographic Artists website here.

If you have questions about specific information on food photography contracts, contact an attorney. The content on this page is suggested by a non-attorney is for information purposes only and not offered as legal advice.