Free Photography Contract
Template for Australia
A photography services agreement for use across all Australian states and territories. Covers copyright under the Copyright Act 1968 (Cth) s.35(5) commissioned portrait rule, moral rights, Privacy Act 1988 + POLAA 2024 privacy tort, GST toggle, CASA drone clause and 8-state governing law. No signup required.
- No signup required
- Free forever
- Reviewed June 2026
- Copyright Act 1968 + POLAA 2024
Branding (optional)
1 — Photographer
2 — Client
3 — Session Details
4 — Deliverables & Payment
5 — Legal Settings
PDF: choose "Save as PDF" in the print dialog.
Photography Services Agreement (Australia)
Session Date: [Session Date]
Photographer: Photographer Full Name trading as Business Name
Client: Client Name
1. Photography Services & Deliverables
Photographer agrees to provide Wedding photography services at [Venue / Location] on [Session Date], commencing at [Start Time]. Photographer will deliver 80 professionally edited images within 28 days of the session date via Online Gallery. Image selection and post-processing decisions are at the Photographer's professional discretion. Additional retouching beyond standard colour correction and exposure adjustment is excluded unless separately agreed in writing.
2. Copyright Ownership — Copyright Act 1968 (Cth) s.35(5)
For Wedding photography commissioned for a private or domestic purpose (wedding, portrait, family, newborn, engagement), copyright in the photographs vests in Client Name (Client) by operation of section 35(5) of the Copyright Act 1968 (Cth) — the Client is the statutory first owner. For commercial, event or editorial commissions, copyright vests in Photographer Full Name (Photographer) under section 35(1). Any assignment of copyright outside this statutory default must be in writing and signed by both parties under section 196. Copyright Amendment Bill 2026 (passed 1 April 2026): AI training on copyright-protected images requires a licence — no text and data mining exception applies in Australia.
3. Moral Rights — Copyright Act 1968 (Cth) ss.195AB/195AJ
Photographer retains moral rights in all photographs regardless of copyright ownership: (a) Right of attribution (s.195AB) — Client must credit Business Name / Photographer Full Name when publishing images in print or online, in a form reasonably agreed; (b) Right of integrity (s.195AJ) — Photographer may object to any alteration, crop, filter or modification that is prejudicial to the Photographer's honour or reputation. Moral rights cannot be assigned; they may only be waived by a written consent form signed by the Photographer under s.195AWA.
4. License Grant (Non-Domestic Commissions)
Where copyright vests in the Photographer (commercial or event sessions), Photographer grants Client a non-exclusive, non-sublicensable licence to use the delivered images for personal, non-commercial purposes (print, framing, personal social media). Commercial use — including advertising, editorial publications, product marketing or third-party licensing — requires a separate written licence at additional cost. Photographer retains the right to use images for portfolio, marketing and promotional purposes unless Client provides written objection within 30 days of delivery.
5. Privacy & Subject Consent — Privacy Act 1988 (Cth) + POLAA 2024
Photographs of identifiable individuals are personal information under the Privacy Act 1988 (Cth) Australian Privacy Principles (APPs). Client warrants written consent has been obtained from all identifiable adult subjects for use as agreed. For sessions involving minors, written parental or guardian consent is required. POLAA 2024 (Privacy and Other Legislation Amendment Act 2024): the statutory tort of serious invasion of privacy (commenced 10 June 2025) means photographing a person without consent in circumstances where they have a reasonable expectation of privacy is actionable in civil proceedings. Photographer will not publish or commercially exploit photographs of Client Name or subjects without Client's prior written consent.
6. Payment, Deposit & GST
Session fee: AUD $2,500. Deposit of 50% is non-refundable and due on signing to confirm the booking; balance is due on or before the session date. Late payment interest accrues at 2% per month on balances outstanding beyond 7 days of the due date.
7. Cancellation & Postponement
Client cancellation: Deposit is non-refundable in all circumstances as it compensates the Photographer for blocking the date. With more than 60 days' notice, deposit may be applied to a rescheduled session within 6 months. Photographer cancellation: Full deposit refund within 7 business days; Photographer will use best endeavours to refer a qualified substitute. Force majeure (natural disaster, serious illness, declared public health emergency): rescheduling within 12 months is the preferred remedy; neither party is in breach.
8. Raw Files & AI-Enhanced Editing
Raw files (RAW/CR3/ARW/NEF) are not part of the deliverables and remain the property of Photographer Full Name. Only final edited JPEG images are delivered. AI-assisted editing (Lightroom AI, Adobe Firefly, Topaz AI or similar) may be used during post-processing. Photographer confirms human creative authorship and editorial selection of all delivered images — consistent with the Copyright Amendment Bill 2026 (passed 1 April 2026). AI tools shall not be used to generate entirely synthetic images of Client without prior written consent.
9. Drone Photography (if applicable)
If drone photography is included: Photographer confirms all commercial aerial operations are conducted by or under an operator holding a Remote Pilot Licence (RePL) from CASA, operating under a Remote Operator Certificate (ReOC), per Part 101 of the Civil Aviation Safety Regulations 1998. Standard conditions: below 120 m AGL, VLOS, daylight, not within 30 m of people without approval. If drone operations are not possible on the day due to weather, CASA restrictions or site limitations, standard session fees apply to ground coverage — Photographer is not in breach. If drone services are not included, this clause does not apply.
10. Governing Law & Dispute Resolution
This Agreement is governed by the laws of New South Wales. The parties submit to the courts of New South Wales. Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) applies where Client is a consumer — the guarantee of due care and skill (s.60 ACL) cannot be excluded. Photographer's total liability is limited to the total session fee paid (AUD $2,500) except in cases of gross negligence or wilful misconduct. Electronic signatures valid under the Electronic Transactions Act 1999 (Cth). Not legal advice — consult a qualified Australian solicitor for your situation.
Photographer
Signature
Print name: Photographer Full Name
Business: Business Name
Date: _________________________
Client
Signature
Print name: Client Name
Date: _________________________
Template preview
Services
1. Photography Services & Deliverables
Photographer agrees to provide [Session Type] photography services at [Venue] on [Date], commencing at [Start Time]. Photographer will deliver [Number] professionally edited images within [Days] days of the session date, via [Delivery Method]. Image selection and post-processing decisions are at the Photographer's professional discretion. Additional retouching beyond standard colour correction is excluded unless separately agreed in writing.
Copyright — Australia s.35(5)
2. Copyright Ownership — Copyright Act 1968 (Cth)
For sessions commissioned for a private or domestic purpose (wedding, portrait, family, newborn), copyright in the photographs vests in [Client Name] (Client) by operation of section 35(5) of the Copyright Act 1968 (Cth). The Client is the statutory first owner. For commercial, event or editorial commissions, copyright vests in [Photographer Name] under section 35(1). Any assignment of copyright outside this statutory default must be in writing under section 196. Copyright Amendment Bill 2026 (passed 1 April 2026): AI training on Australian copyright-protected images requires a licence — no text and data mining exception applies.
Moral Rights
3. Moral Rights — Copyright Act 1968 (Cth) ss.195AB/AJ
Photographer retains moral rights regardless of copyright ownership: (a) right of attribution (s.195AB) — Client must credit the Photographer when publishing images in print or online; (b) right of integrity (s.195AJ) — Photographer may object to any alteration, crop, filter or modification that is prejudicial to their honour or reputation. Moral rights cannot be assigned; they may only be waived by written consent under s.195AWA.
Privacy — POLAA 2024
5. Privacy & Subject Consent — Privacy Act 1988 (Cth)
Photographs of identifiable individuals are personal information under the Privacy Act 1988 (Cth) Australian Privacy Principles. Client warrants that written consent has been obtained from all identifiable adult subjects for agreed use. POLAA 2024 (Privacy and Other Legislation Amendment Act 2024) statutory tort for serious invasion of privacy commenced 10 June 2025 — photographing a person without consent in circumstances where they have a reasonable expectation of privacy is actionable in civil proceedings.
📄 Download the full template — includes license grant, payment & GST, cancellation policy, raw files clause, CASA drone clause, and 8-state governing law.
Download the full template — free
Fill in your details above and download a ready-to-send Australian photography contract.
What's included in this Australian photography contract
How to use this Australian photography contract template
Understand the s.35(5) copyright rule before sending
For wedding, portrait, family and newborn photography, Australian law automatically gives copyright to the client under section 35(5) of the Copyright Act 1968 (Cth) — the opposite of the US and UK defaults. Photographers who want to retain copyright for private sessions must include a written assignment under s.196. This template sets out the statutory position clearly so both parties understand who owns what before signing. The Copyright Amendment Bill 2026 (passed 1 April 2026) reinforced that AI training on copyright-protected Australian images requires a licence.
Check your GST status and include your ABN on the invoice
If your annual turnover exceeds $75,000 AUD, you must register for GST and add 10% to photography invoices. The GST toggle in the Edit section above adds a compliant GST notice with ABN to your DOCX and PDF. Whether or not you are GST-registered, your ABN should appear on all invoices. If you are not GST-registered you must not charge GST — clients incorrectly charged GST can demand a refund of that component from the ATO.
Get it signed electronically before the session date
Electronic signatures are fully valid under the Electronic Transactions Act 1999 (Cth) and equivalent state legislation. Send the contract with your deposit invoice — both parties should sign before any date is held. The contract only protects commitments made after it is signed. For weddings and major events, send the contract at least 4–8 weeks before the session date. Use Bonsai for tracked e-signatures with a tamper-evident audit trail.
For drone services, confirm your CASA licence is current
If your package includes drone coverage, confirm your Remote Pilot Licence (RePL) and Remote Operator Certificate (ReOC) are current before the session date. CASA licences are valid for two years and must be renewed. If you are engaging a sub-contractor to operate the drone, their credentials must also be current. The drone clause in this template activates only if drone services are in scope — if drone photography is not included, the clause does not apply.
Frequently asked questions
- Under section 35(5) of the Copyright Act 1968 (Cth), copyright in photographs commissioned for a private or domestic purpose — including wedding, portrait, family and newborn photography — vests in the client who commissioned the session, not the photographer. This is the opposite of the default in the US and UK. If you hire a photographer for your wedding, you own the copyright by operation of Australian law — unless a written agreement under section 196 transfers it back to the photographer. For commercial or editorial photography, copyright vests in the photographer under section 35(1). The Copyright Amendment Bill 2026 (passed 1 April 2026) reinforced that AI training on copyright-protected Australian images requires a licence — the government rejected a text and data mining exception.
- It depends on the session type. For weddings and portrait sessions, you (the client) own the copyright under section 35(5) of the Copyright Act 1968 (Cth) — meaning the photographer needs your permission to publish or commercially use the photos, including for their own portfolio. The photographer retains moral rights under sections 195AB and 195AJ: the right of attribution (to be credited) and the right of integrity (to object to derogatory modifications). The Privacy and Other Legislation Amendment Act 2024 (POLAA 2024, tort commenced 10 June 2025) created a statutory tort for serious invasion of privacy — publishing identifiable photos of a person in circumstances where they had a reasonable expectation of privacy can be actionable. A written photography contract should clearly set out both parties' rights regarding online publication and social media.
- Only if they are registered for GST. In Australia, a business must register for GST when its annual turnover reaches or exceeds $75,000 AUD — a threshold unchanged since GST was introduced on 1 July 2000. If GST-registered, the photographer must add 10% GST to invoices and display their ABN and the GST amount on the tax invoice. If a photographer's turnover is below $75,000 and they are not registered, they must not charge GST. Always ask your photographer whether they are GST-registered before signing. The GST toggle in this template adds a compliant GST notice — including ABN and 10% disclosure — to your DOCX and PDF when enabled.
- If your photographer cancels, your rights depend on what your photography contract says. A well-drafted contract should require the photographer to refund your deposit in full — unless they arrange a qualified substitute acceptable to you. Under the Australian Consumer Law (ACL, Schedule 2 of the Competition and Consumer Act 2010), photography services provided to consumers carry a guarantee that they will be performed with due care and skill (section 60 ACL) — this cannot be contracted out of. If a photographer cancels without providing a refund or qualified substitute, they may breach both the contract and ACL consumer guarantees. You may be entitled to a full refund and compensation for the additional cost of booking a replacement photographer at short notice.
- There is no legal requirement for a written photography contract in Australia — oral contracts are technically binding. However, a written contract is strongly recommended for any paid photography booking. Key issues needing clarity include: who owns the copyright (critical given Australia's unique section 35(5) rule), how many photos will be delivered, the cancellation policy, and when payment is due. Electronic signatures are fully valid under the Electronic Transactions Act 1999 (Cth) and equivalent state Acts. For bookings over $500, or any commercial, wedding or event photography, a written contract is essential to avoid costly disputes.
- Commercial aerial photography in Australia requires a Remote Pilot Licence (RePL) issued by the Civil Aviation Safety Authority (CASA) and operation under a Remote Operator Certificate (ReOC) under Part 101 of the Civil Aviation Safety Regulations 1998. Standard operating conditions include flying below 120 m AGL, daylight only, within visual line of sight (VLOS), and not within 30 metres of people unless specifically approved. Beyond visual line of sight (BVLOS) operations require separate CASA approval. CASA can issue infringement notices of up to $1,650 per offence on the spot; court penalties can reach $16,500 per offence. A photography contract covering drone services should confirm the operator's licence status and set out what happens if drone operations are not possible on the day due to weather, airspace restrictions or site limitations.
Bonsai handles e-signatures and secure document storage — trusted by photographers and freelancers across Australia.