Does a contract need to be signed for it to be legal?

The short answer is no, it does not.

If you want to take my word for it then you can leave now and be happy knowing that you, as a wedding photographer, can rest easy if your couple doesn’t sign your contract.

You as a wedding couple, can rest easy that you don’t need to sign it for your wedding photographer to turn up etc.

Wedding Photographers and Contracts

Here are some facts for you.

In the UK and most parts of the world, the signing of a contract is NOT a legal requirement.

Just do a Google (or Bing) search for this phrase “Does a contract need to be signed for it to be legal” and you’ll find hundreds of thousands of links and articles saying the same thing – no it does not.

Why doesn’t a contrast have to be signed for it to be legal

Contract law for a start, plus several other aspects of legislation (that many wedding photographers don’t bother to find out apply to them).

Essentially a contract can be defined as:

“A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights.”

A contract needs a few things for it to be legal and valid:

• An Offer
• An Acceptance
• A Consideration
• An Intention by BOTH parties to create legal relations
• Capacity

Meeting with clients doesn’t follow a rigid outline like that above, and so some parts may be mixed up.  The result is still the same – a contract.

So let’s take this one at a time, with the view from wedding photographers. (The same laws apply if you are another wedding supplier!)

What is An Offer in Contract Law?

This is the wedding photographer or other wedding supplier, making an offer to provide a product or service. In this case, it is Wedding Photography.

As part of that offer, in my case, I will also include the following products and services:

• Pre-wedding shoot
• Wedding planning consultations
• Wedding albums / printed products
• Online digital gallery
• No set time frames at the weddings I attend

What is Consideration in Contract Law?

In return for all of that, I ask for a “consideration” to be given to me by the couple.

Consideration’ is the price given in exchange for goods or services under a contract or a promise to do (or not to do) something in return. The price is usually money – but it can be anything that has value.

What is Acceptance in Contract Law?

Simply put, the wedding couple agrees that in exchange for giving me £xxxx (the consideration), I will photograph their wedding.

Both sides to this contract (wedding photographer AND wedding couple) must understand what is being offered (or not offered) and for what price.

Other areas of legislation give couples a 14-day cooling off period from the acceptance part of the contract, and in this case, if they pay the booking fee/deposit within that 14 days and cancel within that same 14 days, you HAVE to refund them in full – you can not keep anything back for admin.

Various pieces of legislation set stuff like this out (Consumer Protection from Unfair Trading Regulations 2008 for example / Misrepresentation Act 1967 / Consumer Rights Act 2015 etc)

This is where the written aspect of a contract is very very useful – it sets out exactly what YOU as the wedding photographer, will do or not do, exactly what the wedding couple will do or not do and should include the products and services being provided as well as the total price.  I also include the booking fee/deposit price as a separate item here to ensure no ambiguity.

Writing it down prevents people from mishearing things or assuming things ;-)

What is “An Intention by BOTH parties to create legal relations.”

At its simplest this is both parties going into the contract in good faith, with the full intention of carrying out the fully agreed contract terms, for the price given, on the date given etc.

Neither party is going into the contract knowing they will back out at a later date.

Wedding photographers – take note of that phrase.  If you intentionally book a wedding (perhaps for more £££)  knowing you have another booked on the same date (perhaps for less ££££) you are not entering the contract in good faith and thus the contract isn’t lawful and the wedding couple can take legal action to recover ALL the £££ paid, plus possibly compensation.

Wedding couples – take note of that phrase.  If you intentionally book a wedding supplier knowing you will still be looking around for cheaper alternatives “just in case” the contract you entered into is unlawful and the wedding supplier will be able to take legal action to recover £££ lost, plus possibly compensation.

What do you mean by Capacity?

The law states that individuals who enter into a contract must have the capacity to enter into a contract, otherwise, it is voidable. Adults who have full capacity are able to enter into contracts and enforce them at law (unless they are illegal contracts).

The law sets out those who do not have legal capacity to contract, particularly providing special legal protection to those who are minors, or under a mental disability.

What is my Process for Sorting out Contracts?

Easy.

I meet every single couple face to face. Zoom is okay if you really really have to…but never ever will I agree to a wedding booking via email. Even back in the day when I first started (18 years ago) I always insisted on meeting face-to-face.

At that face-to-face meeting, I set out what I will do, what the wedding couple is going to get in terms of wedding products (albums, prints, mounted prints, etc etc) what it costs, what the booking fee/deposit is and what the payment terms are.  All that is done verbally and I ensure the couple understand it by repeating it in several different ways and at multiple times throughout the conversation.

If I have leaflets with me I will leave them with that paperwork, though 99.99999% of  them have checked out my website and have provided the required Jaffa Cakes and DeCaf Yorkshire tea or have been given a leaflet from the numerous wedding fayres I attend.

For Wedding Photographers – you probably think the Jaffa Cakes / DeCaf tea is just a marketing gimmick and laugh at me.

But when a couple mention those items in an email and then turn up to a face-to-face meeting with a box or two of Jaffa Cakes and possibly DeCaf Yorkshire  Tea, I KNOW they have read my website, read the details, read the small print.  They know what they are getting into… part of that Intention to Create Legal Relations has already been completed by them prior to meeting me.

For Wedding Couples – when you turn up with Jaffa Cakes / DeCaf Yorkshire tea I know you are the clients I wat to book.  You have invested YOUR time into researching me and still want to meet to book me.  That really does bring a little joy to my heart knowing that you have researched me and are not just doing a lot of time-wasting window shopping. :-)

Once that face-to-face meeting is done and my sales process has established the desire to book me; or in the language I use, we agree to work together (if you are wedding suppliers and want sales training get in touch) I will send out contracts and invoices.

My Contract

Much of my contract is available via the footer links.

I send it out usually as a signable PDF or as a MS Word document.  As long as the couple have been sent it I’m good with that. I also include a welcome letter and an appendix for them to put the details down and the wedding date etc.

My Invoice

My invoice system is Stripe.  I set the wedding couple up as a customer and send out the. invoice for the booking fee. My usual payment terms are 5 days from the invoice for the booking fee, but I’m flexible, and I know that mid-month, some couples may be a bit short.

When is the contract formed?

Now, bearing in mind all of the above, once that invoice has been paid, the couple has entered into a legally binding contract with me.

• I offered a service and products
• I gave the consideration (the price) for that service and products
• They paid part of the consideration for that service
• They knew exactly what was going to happen and what they are going to get, and that is outlined in the contract.

So a contract is formed…and if the couple forget to send the PDF to MS Word document back, I don’t care, I don’t really nag them.  I have a legally binding contract due to everything else I have done.

And yes, I have been to court where a couple attempted to ‘request’ £6,500 for various misdemeanours they alleged happened due to my actions, including the fact they didn’t sign the contract. And yes judge threw out the non-signing of a contract as not being relevant due to contract legislation and the process I had followed and overall the couple lost the case against me.

A few references for you.

Does a contract need to be signed for it to be legal?

Does a contract need to be signed for it to be legal?

Does a contract need to be signed for it to be legal?

Does a contract need to be signed for it to be legal?