Today's blog post is a little different. I would like to start a discussion on one of the topics that are in many wedding photographer's contracts that is often overlooked. The Exclusive Photographer/Noncompetitive Clause.
“EXCLUSIVITY / GUEST PHOTOGRAPHY: It is understood that MWLD will be the exclusive and only wedding photographer. The CLIENT acknowledges that they are responsible for notifying all of their guests that guest photography is not permitted at any time the contracted professional photographer(s) are working.
The formal photography time is for the express use of MWLD to capture the formal wedding portraits. Due to time constraints and the need for subjects to give full attention to the professional photographer, guest photography cannot be permitted during this time.
MWLD will allow guests to take snapshots during the processional and recessional, during candid events at the church, and at the altar during the time the studio equipment is being packed up. Guest photography at the reception will be allowed at any time. In return for this consideration the studio insists no other guest photography take place when or where MWLD is working.
Guest conduct that interferes with the photography will seriously affect the quality of the photographs taken and increase the number of photos that must be created. If the CLIENT is unable to control the conduct of their guests or if the conduct of any of their guests damages the equipment of the photographer, it will result in the early or immediate departure of the photographer, with the understanding that no refund will be returned. ”
This is an example of an exclusive photographer clause that was used in one of my wedding contracts before the "unplugged" movement. Many photographers have something similar to this in their wedding contracts. Some are geared to prevent the client from hiring two separate photographers for the same wedding, to restricting "over the shoulder" photography of guests.
The recourse action can be something as informing you that image selection/quality might be reduced because Cousin Joe jumping in front of your wedding photographer, to the photographer being able to end contracted services due to a breech of contract.
What would you do if this was the circumstance and the photographer left the wedding after multiple requests/warnings? Do you think it's right? SHOULD the photographer be able to leave? What say you?
