No photographer wants to be sued. There are many reasons as to why a photographer may have to deal with a lawsuit from breach of contract to defamation. Fortunately, it’s possible to protect yourself against many of these risks. Below are just some of the ways to avoid lawsuits as a photographer.
Provide a fine-tuned written contract
A contract helps to put an agreement in writing so that it’s clear as to what is being promised. When taking on a client, it’s important to provide them with a written contract that clearly states things like payment terms and delivery conditions of images.You can write this contract yourself using templates found online, but you may want to consider hiring a lawyer to help you get the wording right. The more carefully written your contract is, the lower the risk there is of a client misinterpreting it for their own gain.
Take out liability insurance
Liability insurance provides compensation to clients and members of the public if they are injured or have property damaged as a direct result of your work. Personal injury lawsuits and property damage lawsuits are some of the most common lawsuits made against businesses. With insurance in place, you don’t have to pay legal compensation fees out of your own pocket – the insurer will pay off the lawsuit for you. There are companies such as Coterie that can help you compare liability insurance quotes and find the best one.
Look into location permits
Some photoshoot locations may require applying for a permit. This includes many private buildings and various public attractions. Fail to obtain a permit and you could find that you get sued. Make sure to do your research before planning a photoshoot in a location that’s likely privately owned. Getting permission may be as simple as contacting the owner by email. However, there may be some locations that have more complicated permit approval processes.
Get permission to share photos online
You could get sued by someone if you share their photo online and they are not happy with it. Many people do not want their photos to be displayed on a website or social media. Make sure to ask the subjects of your photos for permission before you share them online. It’s worth noting that it’s not always possible to seek permission when photographing strangers, so you need to be careful of making sure they are painted in a good light.
Use an original brand name
It’s also possible to get sued by other photographers for using their brand name or logo. When choosing a brand name for your photography business, make sure that there are no other companies with that name – especially in your local area. Making an effort to choose an original name will eliminate the risk of getting sued. If you’re worried about another company coming along and stealing your brand name, you can meanwhile apply for a trademark – this will allow you to sue them or force them to give up their brand name. This article at Investopedia delves more into trademarks.
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