Let’s say you’re hired for a standard wedding package. You head over, photograph the wedding, eat some cake, go home, edit the shots and send them to your client, glad for another job well done. But soon after the wedding, the client starts contacting you—they don’t like the way you edited some of the images and would like some retouching and additional edits. It’s normal for clients to have a few concerns here and there, so you give them the extra edits and hope the matter is closed. 

It’s not. The client returns again, wanting even more edits. The video you shot is shaky. They don’t like the composition of several photos. They seem very displeased. You don’t know how to accommodate them further, and they have already used up quite a lot of your time, so you tell them that one round of edits is all that’s included in your package, and that further editing will require hourly billing. 

They do not react well. They go on to every wedding services blog and customer review site they can find and write some very nasty things about you, including that you are rude, that you don’t care about customer concerns, that you produce terrible pictures and refuse to fix them. They also continue to contact you, threatening to sue unless you provide the edits they want.  

At this point, you have two real options: ignore them and hope they go away, or hire a lawyer to resolve the matter. Disparaging reviews are a nuisance, but they’re often par for the course, and many photographers prefer not to acknowledge them. Threats of a lawsuit, however, are more serious, and a lawyer may be necessary to effect a settlement that will close the matter forever. A good lawyer can not only help you clean up the mess, but can also help you prevent it. One of the simplest ways is to include a limited edits clause in your contract. This is a clause that clearly states how many edits are included in your photo package. You can limit your edits to a set number of hours, a set number of images or any other restriction you’d like. You can forego free edits altogether and state that all edits are priced at an hourly rate. The important part is simply that you state clearly what you will and won’t do. The risk of a lawsuit over edits only arises when you don’t spell out what edits are included. Another helpful clause is the ever-useful creative license clause, which states that you are an artist with a distinctive style and that your photos cannot be rejected on the basis of aesthetics and taste alone. 

These two clauses can be powerful preventatives for the threat of a lawsuit. If a client comes back wanting multiple edits and threatening to sue if you don’t comply, you can simply direct them to the limited edits clause and send them on their way; if they actually do file suit, you can point to that clause in court to have the suit thrown out. 

If you don’t have a preventative clause in your contract, you still need, at the very least, a dispute resolution system. The most basic form of dispute resolution clause states where a dispute must be brought—in the courts of your home state, for example, or before a neutral arbiter. A more thorough dispute resolution clause will state time limits for bringing a dispute, whether attorneys’ fees must be paid by the losing party, and it will limit damages to the amounts paid in the contract. 

Non-disparagement clauses can be very useful, both as a preventative measure and as part of a settlement. It states that the client may not post or publish any disparaging or defamatory remarks about your services. If you’ve included a non-disparagement clause in your original contract, then you can point to it when asking a client to remove the nasty remarks they posted online. If you haven’t included one in your contract, then it’s wise to include one in any settlement you make with an agitated client. 

For example, if you manage to settle with your afore-referenced client, you will want to include a non-disparagement clause that obliges the client to remove their nasty reviews in exchange for any additional edits or benefits you’re willing to give. Be aware that non-disparagement clauses are controversial—they stifle free speech and hinder the process of customer reviews, which helps consumers find the best providers—and many clients will not agree to one. Nevertheless, they are very useful as a protective measure, and it’s a good idea to include one if you can. 

Even the most demanding clients can be dealt with easily with the help of a strong contract and a good lawyer. Don’t hesitate to contact an attorney to beef up your contracts or help you resolve a dispute. 

Aaron M. Arce Stark is a lawyer for artists and entrepreneurs. Learn more about his law firm, Arce Stark & Haskell LLP, at ashlawllp.com.

This article is for informational purposes only. Contact a lawyer for legal advice.

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