Disagreements with clients are almost never about bad faith. They are about two people who each remember agreeing to something slightly different, months apart.
Why written terms matter
Memory diverges. Both parties recall the conversation accurately and differently.
Scope creeps. Small additional requests accumulate into a second project.
It protects the client too. They gain certainty about what they are buying.
It signals professionalism. Serious clients expect it and respond well.
It forces clarity. Writing terms exposes ambiguities before they cause trouble.
It helps you price accurately. Writing the scope down forces you to see the full extent of the work before committing to a number for it.
Length is not the point. One clear page beats ten unread ones.
Email can suffice for small jobs. A written summary with an explicit agreement in reply.
Agree before starting. Not after the shoot, when leverage has changed.
It shortens negotiations. Standard terms that cover the usual questions mean each new job needs only the specifics agreed rather than the whole arrangement rebuilt.
Keep it accessible. Filed with the project, not lost in an inbox.
Scope and deliverables
What is being filmed. Named subject and location, specifically.
How many shoot days. And the hours on site for each.
What is delivered. Duration of video, number of stills, formats and resolutions.
What editing is included. Colour, music, titles, structure.
How many revision rounds. And a definition of what one round means.
What is excluded. As explicit as what is included.
Who provides assets. Logos, text and brand material, with a deadline for them.
Whether ground footage is included. Many projects benefit from it and clients often assume an aerial operator will shoot it as a matter of course.
Who approves. A single named decision-maker, because committees extend projects indefinitely.
Whether stills are included. Clients frequently assume photographs come with a video package, and this single assumption causes more friction than any other.
What happens to unused footage. Whether the client can request additional clips later, and at what cost.
Access arrangements. Who arranges entry, keys, escorts and any site permissions.
Timing and payment
Shoot date and reserve dates. Weather makes a single fixed date unrealistic.
Delivery timeline. Measured from a defined trigger such as the shoot date or client approval.
Client response deadlines. With delivery extending if they are missed.
Total price and inclusions. Stated once, unambiguously.
Deposit amount and timing. Usually on booking.
Balance timing. Commonly before release of final files.
Payment method and terms. Including invoicing arrangements.
What happens if the client postpones repeatedly. A project that drifts for months still occupied a booked date and consumed planning time.
Cancellation terms. Sliding scale by proximity to the shoot date.
What triggers the final invoice. Completion of the work or client acceptance, since the two can be weeks apart if approval stalls.
Late payment terms. Rarely invoked and useful to have.
Rights and usage
Who owns the copyright. Usually the creator unless explicitly assigned.
What licence the client receives. Media, territory and duration.
Whether they may edit the material. Re-cutting and repurposing.
Whether the licence is time-limited. Perpetual use and a defined term are priced differently, and the difference should be explicit rather than assumed.
Whether they may sublicense or resell. Usually not.
Whether you may use it for promotion. Important for building a portfolio.
Exclusivity, if requested. Priced accordingly, since it removes portfolio value.
Confidentiality. Where the site or subject is sensitive.
Music licensing. What is covered, and whether it transfers to the client.
People appearing in the footage. Who is responsible for obtaining consent from anyone identifiable, particularly staff on a client site.
Credit. Whether attribution is required and in what form.
Risk, weather and liability
Weather postponement. Who decides, and who bears the cost of a wasted trip.
Inability to fly lawfully. If the site turns out to be restricted or permission is refused.
Equipment failure. Rescheduling arrangements and timescale.
Force majeure. Events outside either party's control.
Insurance. What you carry, and its limits.
Liability cap. Commonly limited to the contract value.
Data loss. Your backup commitment and its limits.
File retention. How long you keep material after delivery.
Dispute resolution. A stated first step — usually a conversation before anything formal — resolves most disagreements at a fraction of the cost.
Termination. How either party ends the agreement and what is payable.
Frequently asked questions
Is a full contract necessary for small jobs?
No. A written email summarising scope, price, deliverables and timeline, with the client explicitly agreeing in reply, is sufficient for small work.
Which clause prevents the most disputes?
The definition of revisions — how many rounds are included and what counts as one round. Closely followed by an explicit list of exclusions.
Who owns the footage by default?
Usually the creator, with the client receiving a licence. If the client wants exclusivity or full assignment, it should be priced accordingly.
How should weather be handled contractually?
Name reserve dates, state who decides that conditions are unflyable, and state who bears the cost of a wasted trip. It is nobody's fault and needs agreeing in advance.
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