Before we dig into the COVID resource page, let me introduce myself! I’m a mother of five, wife to army veteran and lover of rescue dogs. On the professional side I’m a photographer, business consultant and lawyer.
I help photographers, like you, to legally protect yourself and run a successful photography business. These videos are just one part of the many resources I have for you.
Thousands in the industry trust me, for good reason. I have a proven record of winning copyright infringement suits for photographers and delivering solid legal advice.
I’m humbled to be able to help you all during this time. Please let myself, or the team, know if you need anything,
Rachel Brenke
These are general answers to top questions.
The answers may vary depending on your specific situation circumstances.
COVID-19 has thrown a wrench in everyone’s plans – and that definitely means legal issues for photographers. We specifically developed this bundle to help aid you in this time!
Want to snag our COVID-19 specific contract template forms and checklists? We’ve put them into this one bundle for you!
This is probably going to be the most common and best way to keep client’s on your books. You will use this when clients have demonstrated their desire to reschedule, have officially decided on a new event date with you and the venue, and you are available on those dates.
You could execute the reschedule addendum with a date TBD but it’s preferential to define when this date will be and with no guarantee that you, the photographer, may be available.
If your current contract provisions require one or you don’t have a cancellation provision in your current agreement.
This is an add-on to your existing contract if the event is still to occur. You should use it with every event you’re photographing during covid. This document is your client assuming the risk of photographing during COVID. This should be a separate free-standing document from your contract incase the services contract is cancelled or rendered unenforceable.
-Cancellation & Rescheduling – Governs cancellations of the contract. In this situation, the client is the party requesting to amend or cancel the contract
-Substitute photographer (for events, weddings) – The substitute photographer clause is a provision in a contract that gives a photographer the right to have another photographer work in their place without a breach of the contract
-Force Majeure – Force Majeure clause is a provision in a contract that excuses a party from not performing its contractual obligations that becomes impossible or impracticable, due to an event or effect that the parties could not have anticipated or controlled. – although only applies for a super limited amount of time – if you have solid cancellation and rescheduling provisions then FM not necessarily needed – depends on circumstances – see video on this page)
-Hold-harmless – The hold harmless clause is a statement in a legal contract that absolves one or both parties in a contract of legal liability for any injuries or damage suffered by the party signing the contract.
–COVID-19 Release of Responsibility – This Release of Photographer Responsibility provision allows for a Photographer to be relieved of fulfilling their contracted Services should they arrive at an event/wedding to find the Client, guests and/or venue failing to comply with government-mandated COVID -19 orders.
The good news is TheLawTog contracts were drafted with contingencies (such as COVID) in mind- they are already providing you the protections needed during COVID. The only exception would be for Assumption of Risk liability waiver, which is a separate document and available in the shop.
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TheLawTog® contracts include cancellation and reschedule language that aids in circumstances, including the current Covid-19 coronavirus pandemic. There is also force majeure language available as an a la carte contract provision which can be added to the contracts. However, as force majeure was only able to be invoked for a short period of time, there are also a la carte contract provisions available with cancellation, reschedule, and substitute photographer language.
TheLawTog® Covid-specific Release of Liability Waiver is a risk waiver for those assuming the risks of proceeding with events or sessions during the ongoing Covid-19 pandemic. This liability waiver is different than how the cancellation and rescheduling provisions work. Simply put, the cancellation and rescheduling provisions are for cancelling and/or rescheduling an event or session and do contemplate Covid and other situations, even if not specifically addressed.
If you are seeking Covid-specific language addressing mask usage, social distancing, etc., we have a Photographer responsibility provision available however our existing safe working condition provisions included in event/wedding contracts may be sufficient.
TheLawTog Blog post on contract provisions + insurance for your photography business protection
Business Bites Podcast Episode – 5 quick legal steps you need to take to protect your business now
Business Bites Podcast Episode -Families First Coronavirus Response Act – What You Need To Know
Business Bites Podcast Episode – 4 Financial Stability Steps During COVID
External resources:
Find more information on the SBA’s Economic Injury Disaster Loans at: SBA.gov/Disaster.
The SBA will work directly with state Governors to provide targeted, low-interest loans to small businesses and non-profits that have been severely impacted by the Coronavirus (COVID-19). The SBA’s Economic Injury Disaster Loan program provides small businesses with working capital loans of up to $2 million that can provide vital economic support to small businesses to help overcome the temporary loss of revenue they are experiencing.
Coronavirus Unemployment Benefits for Photographers information. Click here to read more.
You’ve probably heard by now about the Coronavirus Aid, Relief, and Economic Security Act (CARES), but would you like the part that applies to photographers translated into human speak? Just like the rest of humanity, you really just need to know the part that applies to you, our friend Andrew with Big Picture CPA has you covered.
