Should I have a provision in my weddings contracts that covers actions which are outside of my control? For instance, how to deal with wedding guests who 'play photographer' and may interfere with a critical shot?
Answer
Your question is about two separate clauses, and I believe they both should be in a well formed wedding photography contract.
Exclusivity clauses will point out that the hired professional is the exclusive photographer for the event. Clients take responsibility for notifying guests that they must not interfere with the paid photographers duties. This does not prevent them from photographing at all, but they must make every effort possible not to interfere. An exclusivity clause may also give a certain pose or session to the photographer on their own. Many times you will see the formal wedding portrait time given exclusively to the paid photographer so guests are not distracting eyes and preventing the professional from completing the shots required.
An example:
EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that PHOTOGRAPHERS NAME will act as the sole and exclusive wedding photographer. Because of the fact that flashes from guest’s cameras may ruin shots taken by PHOTOGRAPHERS NAME, THE CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography must not interfere with the professional photographer’s photo taking. The formal photography time is for the exclusive use of PHOTOGRAPHERS NAME to capture the formal wedding portraits. Because of time constraints and the need for subjects to pay full attention to the professional photographer, guest photography must be deferential to the professional photographer. Guest photographers are not permitted on the location shoots as per the wedding schedule.
The first item you bring up is very vague. Items outside your control could mean any number of different things. Should your contract give clauses to prevent liability in case of fire, acts of god, or other incidences? I believe that it should. These are not considered part of what you can control. One such example would be a clause that prevents you from returning the deposit if the weather cancels the event. The weather is not under your control, but you may want to keep the deposit.
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