Why Photographers Need Contracts with Magi Fisher

Photographers learn that contracts are most important when you are just starting out, not once you are established, because clients at lower price points are more likely to push back and ask for refunds. They also learn the must have clauses for a photography contract, including travel fees, style acknowledgement, retouching limits, and clear cancellation terms, plus how to price their work using a simple cost of business formula.

In this episode, lawyer and photographer Magi Fisher talks with host Anna Hutchcroft about why contracts protect both the photographer and the client relationship. Magi explains common gaps she sees in templates bought from non attorneys, how force majeure actually works, and why a model release is non negotiable even for free or trade shoots. She also shares a simple way to calculate an hourly rate based on business costs, taxes, and profit.

About Magi Fisher

Magi Fisher is a photographer and attorney who sells legal templates and resources for creatives through her online shop. She started out photographing professional female surfers before shooting 30 weddings during her first year of law school, and now runs both businesses full time, with about 12 associate photographers working for her team.

Key takeaways

1. Contracts matter most when you are just starting out

Magi explains that photographers charging lower rates are often the most vulnerable to legal disputes, because clients at that price point are more likely to push for refunds or nitpick the work. Having a contract in place from your very first paid job protects your retainer and sets clear expectations, even if you are only charging a few hundred dollars.

2. Always get a model release, even for free work

If you are not charging money for a shoot, you still need a signed model release before using anyone's photo and likeness publicly. Magi suggests using a quick signing app on your phone so this is covered even for documentary work, practice shoots, or trade arrangements.

3. Buy contract templates from an actual attorney

Magi warns that many contract templates sold in creative marketplaces are not written by attorneys and often have important gaps. She recommends checking that any template you buy comes from a licensed attorney, who is held to an ethical standard and keeps the document legally current.

4. Understand what force majeure actually covers

Force majeure is an unforeseeable circumstance that pauses your obligations under a contract, it does not cancel them. Magi explains that once COVID became a known, foreseeable risk, it stopped being grounds for clients to demand a full refund by citing force majeure.

5. Build in the must have clauses

Magi lists travel fees and a travel warranty, a style acknowledgement that the client has reviewed your portfolio, clear editing and retouching inclusions, and rescheduling and cancellation terms as essentials that are often missing from basic templates.

6. Revisit your contracts every year

Magi reviews her client agreements and contractor agreements annually to catch anything that needs updating, such as turnaround times or new policies like charging extra for tattoo retouching requests.

7. Price your work using a simple three way split

Magi uses a formula where she works out her cost of running the business per hour and cost per project, then multiplies that by three to set her hourly rate, with one third going to expenses, one third to taxes, and one third to profit. This lets her stand behind her pricing confidently when clients question it.

Favourite moments

"Contracts might not feel creative, but I take an artistic approach to creating contracts"

Magi Fisher

"The biggest thing is seeing how many business owners aren't using contracts in their business"

Magi Fisher

"Force majeure is an unforeseeable circumstance that would prevent somebody from fulfilling their contract as it's written"

Magi Fisher

Listen to the full episode

Watch the episode above, or listen to Why Photographers Need Contracts with Magi Fisher on Apple Podcasts, YouTube or wherever you get your podcasts.

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Frequently asked questions

Do new photographers really need a contract if they are just starting out?

Yes. Magi explains that photographers charging lower rates are actually the most vulnerable to legal issues, because clients at that price point are more likely to nitpick or push for refunds. A contract protects your retainer and sets clear expectations from your very first paid job.

What should be included in a photography contract?

According to Magi, must haves include clear travel fees and a travel warranty, a style clause confirming the client has reviewed your portfolio, editing and retouching terms, and cancellation and rescheduling policies. These are the clauses she most often sees missing from templates bought outside of an attorney.

Is force majeure still a valid reason for a client to get a refund due to COVID?

Not anymore. Magi explains that force majeure applies to unforeseeable events, and since COVID is no longer unforeseeable, clients citing it to demand a full refund typically will not succeed under current contracts.

Do I need a model release if I am not charging for a photo shoot?

Yes. Magi says a model release is non negotiable even for free or trade work, since without one you have no right to use someone's photo and likeness publicly. She suggests keeping a quick signing app on your phone to cover this easily.

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