A photography contract turns a discussion into a precise agreement: who is commissioning the work, what will be photographed, which images are delivered, when payment is due and how the images may be used. A useful text is one you adapt to a real assignment, not a list of clauses copied without checking what they cover.
This page is an annotated drafting checklist for a photography business operating in France. It lists the decisions to make and the reason for each, so you can adapt them to each assignment and each client.
Information to gather before drafting
Before writing any clause, note:
- the client's identity and whether they are buying personally or for a business;
- the date, locations, times and people to photograph;
- the purpose of the images and where they will be used;
- the agreed deliverables, selection, retouching and timing;
- the price, payments and any extra costs;
- constraints on access, confidentiality and permissions.
If something is missing, turn it into a question to settle before signature. "Complete coverage" or "all the photos" can mean very different things to the client and to you.
The checklist at a glance
| Decision | Question to settle | Reference |
|---|---|---|
| Scope | What is included, and what needs a new agreement? | Clauses 2 and 3 |
| Uses | Which rights are transferred, for what extent, purpose, place and duration? | Clause 5, French Intellectual Property Code L131-3 |
| Credit | How and where does your name appear, and when can it be left out? | Clause 6, French Intellectual Property Code L121-1 |
| Permissions | Who must authorise publication of their image, for which media, purpose and duration? | Clause 7, Service Public |
| Cancellation | What happens in each cancellation or postponement case, and to the sums paid? | Clauses 8 to 10 |
| Signature | Which electronic signature level is proportionate to what is at stake? | Signature section, ANSSI and Civil Code |
The clauses, annotated
1. Parties and decision-makers
Identify the person or company commissioning and paying. For a business, also state who can approve the brief, choose images and accept changes. An on-site contact is not necessarily authorised to order extra services.
2. Service and scope
Describe the session format, times, locations and moments covered. Separate what is included from what would need a new agreement: a second photographer, extra travel, video, overtime or special retouching.
For a wedding, list the coverage periods and locations. For staff headshots, state the number of people and the framing. For a property, list the rooms and the intended uses of the images. These details make the contract checkable once the work is done.
3. Deliverables, selection and delivery
State the number of finished images or how it will be determined, the formats, the retouching level, who selects and which revisions are included. Distinguish a provisional selection from the final files. Do not assume RAW files, albums or prints are included.
Give a date or a timeframe with an explicit starting point. If the timeframe runs from the client's selection, say so and state when that selection is expected. Also state how long the gallery stays available and who is responsible for downloading and keeping the files.
4. Price and payment schedule
Record the price and the applicable VAT treatment, then the amounts, due dates and payment methods. Define whether the initial payment is an acompte or arrhes. An acompte commits both parties; it does not give a universal right to keep a sum in every situation. Our deposit guide explains the distinction and the French B2B/B2C rules.
For business clients, check the invoicing channel and payment terms. For consumers, do not copy the late-payment penalties and recovery fee that apply between businesses.
5. Usage rights for the photographs
Paying for a service does not mean every possible use is granted. Under article L131-3 of the French Intellectual Property Code, a transfer of author's rights requires each right transferred to be mentioned separately, and the field of exploitation to be defined by its extent, purpose, place and duration.
For each use, the clause should therefore answer:
- which rights: reproduction, public display (représentation), adaptation, each named separately;
- what extent: number of images, media (website, social networks, print, posters), any print runs;
- what purpose: internal, editorial or advertising communication;
- which place: France, European Union, worldwide;
- what duration, and what happens when it ends.
Ask in particular whether the files will go to an agency, a subsidiary, a partner or the press. Separate publication on the client's website from an advertising campaign or reuse by a third party. Avoid vague wording such as "royalty-free" when limits are intended.
6. Credit and use of your name
Article L121-1 of the French Intellectual Property Code gives the author the right to respect for their name, their status and their work; this right is perpetual, inalienable and imprescriptible. In the contract, decide concretely on the form of the credit (for example "Photo: First Last"), the media where it must appear, and the practical situations where it cannot sit next to the image. If the credit may be left out, write down exactly when.
7. Image rights and publication in your portfolio
Permission to use a photograph and permission to publish the image of a recognisable person are two different matters. According to Service Public, agreeing to be photographed does not mean agreeing to publication. The written permission must specify the media, the purpose and the duration, and a new use requires a new permission. For a minor, written permission from both parents is required.
Treat your own communication separately: portfolio, social networks, competitions or advertising. Do not treat a client's silence as general permission. For a corporate shoot or an event, agree how the necessary permissions will be collected and kept.
8. Cancellation and postponement
A fee table invented for an example is not a rule of French law. Rather than a ready-made table, settle these decisions one by one:
- how a cancellation or postponement request is made, and to whom;
- the difference between an agreed postponement, a cancellation by the client and the photographer being unavailable;
- what happens to sums already paid, depending on whether they are an acompte or arrhes;
- the costs actually incurred that you could justify;
- what changes if the client is a consumer or a business;
- what you offer if you are the one who cannot do the shoot.
Adapt your terms to your clientele and the applicable protection rules. Signing a clause does not guarantee it is valid. According to the DGCCRF, an acompte also commits the professional, whose cancellation can lead to damages on top of repayment.
9. Force majeure and other disruption
Force majeure under article 1218 of the Civil Code has precise criteria: an event beyond the debtor's control, which could not reasonably be foreseen when the contract was made, and whose effects cannot be avoided by appropriate measures, preventing performance. Illness, equipment failure or rain do not automatically meet these conditions.
Describe instead how to get in touch, which supporting evidence is useful, any replacement you might offer and the agreement needed for a postponement. Do not promise a replacement if you have no way of finding one.
10. Remote booking and consumer withdrawal
For a consumer who books a service at a distance or off-premises, the general withdrawal period is 14 days from the contract, subject to the exceptions set out in law. A fixed session date alone does not establish an exemption. See L221-18 and L221-28.
Provide the required information and withdrawal arrangements. If the service starts before the period ends, handle the consumer's express request and the consequences of any later withdrawal. Our payment guide explains why starting the work and losing the right of withdrawal are not the same thing.
11. Changes and evidence of agreement
Identify the accepted version and keep the annexes it refers to. For a change of date, deliverables or use, get a written agreement stating what changed and its effect on price and timing. A conversation should not leave several incompatible versions of the brief in circulation.
Annotated example: preparing a team-portrait contract
Fictional case to adapt: a company wants portraits of eight employees at its premises. This example helps spot missing decisions; it does not set a price or a standard market duration.
| Brief item | Example scope to confirm | Why write it down |
|---|---|---|
| Shoot | Eight people, one location, a two-hour window to confirm after a site visit | The number of people and the setup affect the organisation |
| Deliverables | One finished portrait per person, in two defined formats | Two exports of one image are not two different portraits |
| Selection | Chosen by a company contact before an agreed date | The delivery timeframe also depends on the client's feedback |
| Revisions | One round of grouped correction requests | A reshoot or a change of style is discussed separately |
| Uses | Company website and professional profiles, scope to define | A paid campaign or another entity may need a separate agreement |
| Credit | Form and placement of the credit to agree | A professional profile does not always show a caption |
| Permissions | How the consent of the people photographed will be collected | The contract with the company does not replace every individual permission |
Then add identities, price, payments, delivery, cancellation terms and the other relevant clauses. The table prepares the brief, which the contract then takes up with all its clauses.
Choosing an electronic signature level
The Civil Code accepts an electronic document as evidence on the same footing as paper, provided its author can be identified and its integrity is guaranteed (article 1366). Article 1367 requires a reliable identification process for an electronic signature, whose reliability is presumed under conditions set by decree. Decree no. 2017-1416 limits that presumption to the qualified electronic signature.
ANSSI, the French cybersecurity agency, distinguishes several levels from the eIDAS regulation:
| Level | What it involves | Effect to remember |
|---|---|---|
| Simple | Any electronic signing process, with no particular technical requirement | Cannot be rejected solely because it is electronic, but does not benefit from the presumption of reliability: in a dispute, it will have to be proven |
| Advanced (including advanced with a qualified certificate) | Additional technical requirements detailed in the ANSSI guide | No automatic equivalence with a handwritten signature |
| Qualified | The highest level, implemented with a qualified trust service provider | Legal effect equivalent to a handwritten signature, and presumed reliable |
ANSSI recommends choosing the level through a risk analysis: the likelihood and seriousness of a dispute, the type of document, and texts that sometimes require a minimum level. For a routine photo session, a simple level may be enough.
Signing and keeping the contract
Send the complete version and its annexes before the shoot, let the client ask questions and check that the right parties sign. Keep the signed document and the evidence your tool provides.
In Graindevue, the contract is generated from the booking, signed first by the client logged in to their account, then by you. This is a simple electronic signature: Graindevue records the signature dates and the permissions ticked. The fully signed PDF is frozen and both parties can download it. The full flow is described on the contract management page.
If you want to check whether it fits your business, talk to the founder or try it for 30 days with no card.
Frequently asked questions
How should I use this checklist?
To prepare and check your drafting: settle each decision, then adapt the contract to the assignment and the client concerned.
Can I use the same contract for a wedding and a corporate assignment?
You can keep a common structure, but adapt the times, deliverables, uses and the rules tied to the type of client. A consumer and a business are not covered by all the same protections or payment terms.
Can a paying client publish the images anywhere?
The contract must define the uses granted. Mention each right transferred separately and define the extent, purpose, place and duration; discuss any new use before allowing it. The rights transfer and the permissions of the people photographed remain separate.
Do I need permission to publish images in my portfolio?
Check which permissions are required for the images and the people involved. Provide explicitly for your own publication, its media, purpose and duration. Do not simply infer it from the commission or from the client's presence at the shoot.
Is every electronic signature equivalent to a handwritten one?
No. That equivalence belongs to the qualified electronic signature. Other electronic signatures can serve as evidence without automatically receiving the same guarantees. Check the level of the service you use.
Does the contract replace an invoice?
No. The contract records the agreement; invoices have their own requirements. Our French e-invoicing guide covers the timetable and the relevant transmission channels.