It is often said that prevention is better than cure.

Avoiding legal disputes is so much better for our health than having to defend or pursue legal actions within the legal system. Apart from eye watering legal costs these actions are commonly accompanied by a voracious consumption of time and energy.

Terms and conditions of service for Photographers and Videographers are without doubt utterly essential.

These agreements between customers and a photography business set out what each should ‘reasonably’ expect of the other.

Disputes can often be nipped in the bud by the use of sensible, reasonable and legally enforceable contractual agreements.

General terms and conditions should be complemented by additional and specific agreements such as for particular events or model or subject release forms whenever appropriate.

Commercial Legal Expenses policies often provide free access to initial legal advice through Helplines and access to libraries of standard legal templates.

If and when all this preparation fails to avoid legal disputes certain types can be covered such as;

  • Debt Recovery
  • Contract Disputes
  • Employment Disputes (including temporary Workers)
  • Tax Investigations

Some relevant points to consider are

  • Purely vexatious (argumentative without good cause) complainants are frowned upon
  • Prospects of recovery must be good (usually better than 50%)
  • Preferred lawyers must work to the same rates as insurers have agreed with their panel
  • There is usually a waiting period on new policies excluding known disputes
  • Implications of Claims ‘made’ or ‘Occurring’ basis is important to understand

There are all sorts of (what insurers think of as reasonable) terms and conditions to be complied with so it is best to get advice from your insurer immediately you think a dispute might escalate to be sure of how they expect you to proceed and behave.

Do not wait and let a dispute fester or escalate or enter into lengthy discourses with people when you or they are angry.

Get advice immediately you are able preferably from your Commercial Legal Expenses insurer.