Read the Damn Contract: A Cautionary Tale for Commercial Photographers
I recently had an ad agency reach out to me about a commercial shoot. One of their clients, a major grocery store chain, needed photos of an associate for an upcoming campaign. They provided a budget upfront, and given the simplicity of the job, I agreed.
Contracts were exchanged, shoot dates were discussed, and everything seemed to be moving smoothly. Then, right before the final handshake, the agency sent over a contract with the casual message:
"Just need you to sign this, and you'll be squared away for payment!"
Oh, how innocent it sounded. Like they were doing me a favor.
The "One Last Thing" Trap
I opened the contract and cringed. What they wanted me to sign was a Work for Hire (WFH) agreement, which, in case you’re not familiar, is the equivalent of handing over the keys to your car, your house, and your firstborn—without so much as a thank-you.
This little gem of a contract stated:
✅ All images would legally belong to them.
✅ They’d have unlimited, perpetual usage rights.
✅ I would be prohibited from using the images in my own portfolio or even talking about the project.
Essentially, they were asking me to take the pictures and disappear like I had never existed. No credit, no licensing fees—just a one-time payment, after which my work would belong to them forever.
Why This is a Big Deal (And Why Some Photographers Get Duped)
This practice is, unfortunately, standard operating procedure for many agencies. They lock in a photographer, get them excited, go through all the logistics—and then, right before the finish line, slide in a contract that strips away their rights.
It’s not an accident. It’s a strategy.
They know that some photographers won’t read the fine print. They know some will assume, "Oh, it’s just a standard contract." They know that some are afraid to push back because they need the gig.
And the ones who fall for it? They leave thousands of dollars on the table—sometimes even tens of thousands.
What Your Work is Actually Worth
If you think signing away everything for a one-time payment is just "part of the deal," consider this:
📌 A commercial client using images for advertising, social media, or packaging should be paying for usage—because your work continues to generate value for them long after the shoot is over.
📌 Licensing fees for advertising and branding can easily push a photographer’s earnings well beyond the initial shoot fee. Some photographers are charging five figures for a handful of images—for limited use over just a couple of years.
📌 If a client is asking for unlimited, perpetual rights, they’re essentially saying: We want to use these forever, however we please, and never pay you another cent. If that’s the case, the buyout fee should reflect the long-term value of the work—not just a day rate.
My Response? A Hard No.
I emailed back:
"I wasn’t aware this was a work-for-hire situation. I can’t sign this—please let me know if we can move forward without the WFH clause."
Their response? "It’s an agreement we have with the company. It would need to be signed before we could proceed. Let me know if that is a deal-breaker for you."
It was. So I walked and didn’t look back.
The Takeaway: Know Your Worth and Read the Fine Print
This is business. If you don’t like the terms of an agreement, walk away. If a client tries to slip in a predatory contract, call them out.
Because here’s the thing: your work has value beyond the shoot day. The moment you hand over full rights without licensing fees, you’ve given up all leverage. That’s money you’ll never get back.
👊🏽 Don’t get played. Read the damn contract.
P.S. If You’re Tired of Figuring This Out Alone…
Contracts, licensing, negotiation—it’s a jungle out there. I’ve navigated these situations (and dodged plenty of bad deals), and I help other photographers do the same.
If you’re ready to take control of your business, let’s talk. Book a one-on-one coaching session with me, and I’ll help you price your work, negotiate with confidence, and build a photography business that actually supports your life.