Contract: Understanding the "Responsibilties / Exclusive Photographer" Clause

You booked me to capture your show, event, and/or portrait session. But what does the exclusive photographer clause mean?

This type of clause is sometimes referred to as an “Exclusive Photographer” or an “Exclusive Agreement” clause. It’s important to note: this type of clause is standard within the industry for professional photographers.

Perhaps you - the client - have had this thought, “I have hired an Official Photographer for my show/event. Although, I’m now thinking to hire another photographer for the same event to capture _________”. Or maybe you’ve thought, “I’m going to hire one photographer to cover _________ and another photographer from a different company to cover ________”. To avoid confusion; definitions below:

Official Photographer - aka Lead Photographer

Second Shooter - aka someone hired by Official Photographer who shoots under the same brand

Other Photographer - a semi/professional photographer or outside Content Creator who is not associated with the Official Photographer

Media or News is not included in this policy.

Whatever the scenario is, when you bring a second photographer on, you make more work for your lead photographer. Instead of concentrating on my job, capturing you or your event, I now have to manage a second photographer.

Before you make any decisions: talk to me! Particularly as in some cases, a photographer’s contract will simply note that your Official Photographer has the right to leave the event should another semi/professional photographer show up and start shooting; regardless of the difference of style, format, approach, etc.

The below from the blog post https://www.fianderfoto.com/blog/bermuda-wedding-photographer-contract-series-exclusive-photographer written by photographer Melanie Fiander. Because she says it better than me.

What are the main reasons professional photographers have this clause in their contract?

1 - Protects Clients’ Investment made with Official Photographer

You entrusted the Official Photographer with an important job. You have both a monitary and an emotional investment in the images that will be produced. By having one Official Photographer (or one photography company), you are allowing that photographer the opportunity to produce their best work. Let’s face it - how many of us have tried to complete our best work with someone “peering over” our shoulder or getting in the way? It doesn’t go well.

2. Protects the Confidentiality Agreement (a clause in the contract) while Maintaining and Strengthening the Quality and Integrity of the Official Photographer’s Images & Company

The Official Photographer will plan out some of the key photographs that will be shot on the day of. This planning comes from years of experience and expertise. Within the Confidentiality Agreements, Clients agree not to disclose to anyone the Official Photographer’s proprietary information, technical data, trade secrets or “know how”, including but not limited to plans, products, services, customer lists, marketing plans, software, photographic gear, props, etc. As these are things that would be shared with others capturing the event, a second photographer from an outside company would breach this clause.

3. Protects the Official Photographer’s Artistic License (which is A clause in the contract)

Throughout the Show/Event, the Official Photographer will make artistic decisions that will produce strong images; similar images to the ones you likely viewed when you became interested in booking. These artistic decisions are unique to each photographer; some are made over a lengthy period of time while others may be made on the day as a “snap decision”. To ensure no images are missed nor disturbed, it’s important for the Official Photographer to be able to work without impediments. In this case, a second photographer may impede upon the artistic intuition and decision making process of the Official Photographer.

4. Prevents the Reproduction of Official Photographer’s Work (which is also a seperate clause in the contract)

Reproducing images can be done in various ways: copying, scanning, printing, etc. Reproducing an image can also be caused by a second photographer on the day of the event. For example, your Official Photographer takes the time to check the weather/natural light (when necessary) or incorporate artificial lighting (whether it’s strobe or ambient), poses the clients, prompts specific expressions from clients, lines up the composition and angle, and creates the image. A secondary photographer stepping behind the Official Photographer and taking the same shot is a form of reproduction creatively speaking.

5. Prevents Others from Interfering with the Timeline for Photography & with the Official Photographer Work in General

As a professional photographer, I’m used to working with other vendors - particularly videographers. Ninty-nine percent of the time (minus the example given above) - working with a videographer is a dream. For the most part - photographers and videographers are genuinely attempting to capture different material; to produce different files with various outcomes. Even when I work with a second shooter - there is an understanding as to who is going to shoot what. Example: I may capture the official group photos while the second shooter takes candid images of the cocktail hour.

Someone stating, “Don’t worry; we will not get in the way of the Official Photographer” - immediately gives me reason to worry. Speaking from personal experience, I have found it almost humanly impossible for one to keep this promise. Not necessarily because those who may interfere are doing it on purpose, but only because they also have their own agenda to also obtain the best content, videos, or images.

For example: sometimes the best shot is taken from one spot. If your Official Photographer is already in that spot - the other photographer is out of luck and put in a position where they may interfer in order to also “get the shot”. Shoud the other photographer step into the shot - this could lead to Fiander Foto needing to take additional editing time to remove the unwanted figure; thus delaying your images being delivered.

The other photographer in particular may require the use of varioius types of lighting and/or flash that does not go with the Official Photographer’s overall style or brand. The second photographer’s flash may go off and thus interfere with the Official Photographer who may be a) using a different lighting set-up and/or b) wanting to capture a different lighting effect.

6. Prevents Mistaken Identity by Guests, Vendors and by those who may see images published after event date.

Picture this: your Official Photographer has shot the entire event. There’s a clause in your contract regarding sharing some of the images for marketing purposes with the Venue & Vendors who also worked the event. (Example: your florist may want some images of your bouquet and/or the floral arrangements on the table.) The florists contact the wrong photographer by mistake. From there - the marketing material shared online does not have the Official Photographer’s credit included; thus breaking another clause in the contract.

7. Prevents BRAND Confusion for the official photographer

and

8. PROTECTS THE OFFICIAL PHOTOGRAPHER’S REPUTATION

If there are two photographers from two different companies - reflecting two different brands - the confusion can occur both “on and off” the event premises. What makes up a “brand” for a photographer may be anything from the type of subject matter captured, the type of gear used, the manner in which the photographer physically presents themselves both in person and online, the layout and design of their website, their logo, the type of albums offered, their paperwork, their social media presence, and of course - how the images “turn out” at the end. One could argue all of these items together make up the photographer’s reputation.

At the most basic level: this confusion can start with how each photographer presents themselves at an event. This “presentation” could mean anything from the clothing worn by the photographer and the assistant, to the amount of gear carried, to how the gear is carried, to how one speaks to guests and enteracts with the clients.

It also carries over into how the photographers behave. I've had my reputation tarnished because of the comments and unprofessional actions of a 2nd photographer.

9. MINIMIZE EXTERNAL IMPACT ON OFFICIAL PHOTOGRAPHER’S WORK & THE DELIVERABLES

10. PRESEVE A TRUSTWORTHY WORKING RELATIONSHIP BETWEEN CLIENTS AND THE OFFICIAL PHOTOGRAPHER

When you choose and book your Official Photographer, you are creating a working relationship. Anyone in the work force will tell you, this type of relationship works best when there is trust on both sides.

Adding in a second photographer (regardless of what will be shot and/or how) essentially “attacks” that trust and tells your Official Photographer, “What you will provide will not be enough” or “We don’t trust that you’ll be able to get the job done right - which is why we are calling in a back-up.”

Creating a “photographic competition” at your event will not result in strong images for either party.

11.PRESEVE Experience for quests/audience/performers

Who wants to see a show through a crowd of paparazzi? Who wants to get blinded by photography flash?

Who wants to be blocked from tips/tipping by photographers?

Who wants to be enjoying time with friends or family and have multiple cameras in your face?

“If you are looking for something additional for your in terms of photography, ask your Official Photographer first to see what can be added on and/or if your Official Photographer can incorporate a second shooter under the same brand.”

Some of these points used in this post are from the blog https://www.fianderfoto.com/blog/bermuda-wedding-photographer-contract-series-exclusive-photographer