I have recently had several clients tell me that photographers have approached them about being a rep for their business but requiring them to sign an exclusivity clause. Sometimes these aren’t explained clearly or may be garbled in the legalese of a contract. I explained to my clients what exclusivity clauses are all about, but after some reflection, I thought I’d share here on the blog about this in case others have the same questions/concerns!

A photography exclusivity clause is a contractual agreement between a client (often a couple for weddings, a business, or an individual for events or photo shoots) and a photographer, stipulating that only the contracted photographer is permitted to take professional (or sometimes any) photographs for a certain time period and/or at a specific event, venue, or for a particular project. It restricts the client from hiring/using other photographers, at least publicly, during that time period or event.

So why would photographers require this? Well, there are several possible scenarios. For a wedding photographer, an exclusivity clause can prevent other photographers from interfering in their coverage of the wedding day. Having multiple, competing photographers and videographers at the same event can be tricky for both the vendors and the client! Wedding days require lots of coordination and timing so that things flow smoothly, and having multiple photographers trying to pose and compose images can be time-consuming and suck the joy out of the day. For a portrait photographer, exclusivity clauses give the photographer exclusive access to the same client(s) over a certain time period, which could allow them to build their portfolio and/or maintain their business.

There are definitely some benefits for the client, such as maintaining consistency in style and quality so that your photos have a cohesive look and feel. It also makes the photographer more invested in their clients, because they know they will be working with you for a longer period of time and/or on multiple occasions. However, there are also cons to exclusivity clauses. If you end up not vibing with the photographer or not liking their work, you could be locked into a contract with them that may be expensive to get out of. You don’t have the flexibility to use other photographers, even close friends and family members who may be photographers (professional or amateur). It could also prevent you from hiring other vendors for your event not approved by the primary photographer.

So should you sign one? My advice would be to make sure you really love the photographer and their work before entering into a contract with an exclusivity clause. Personally, the only exclusivity clauses I have in my contracts pertain to weddings, to make sure I am not competing with other photographers on the wedding day. I do offer packages with a second shooter if another photographer is desired, but I make sure that these photographers are people I trust professionally and can work well with personally. I do not require my families or seniors to sign an exclusivity clause because I want them to have the flexibility to use other photographers if they choose! A client may want a variety of different types or styles of photography, some of which I may not offer. I would never want to force someone into an agreement that would limit their ability to have memories captured the ways they want!

Unfortunately, there is a trending practice of sleazy photographers finding their clients by searching other photographers’ social media, reaching out to their clients, and offering photo packages at a lower cost. (I personally call this “poaching.”) Beware of people who contact you in this manner—do your research and make sure they are experienced and qualified before signing anything. As the old cliche goes, if it’s too good to be true, it probably is!

So, what are your experiences with exclusivity clauses? Photographers and clients, please comment below! I’d love to hear your stories—good and bad. (Please be discreet with specific names!)

What are Exclusivity Clauses, and Should I Sign One?