Photographer & Videographer Demand Letter for Unpaid Invoice (California) — Bay Area
A formal SB 988 demand letter is your first legal step — and often the only one you'll need. Generate yours in 60 seconds.
California SB 988 Requirements Overview
Under the California Freelance Worker Protection Act (SB 988), all business-to-freelancer agreements valued at $250 or more must be in writing. The contract must be executed prior to commencing work, and final payments must be cleared within 30 days of invoice receipt, unless a mutual written timeline is specified.
Key Legal Notice:
- Failure to provide a written contract is a direct statutory violation.
- Hiring parties who pay late face double damages and attorney fee liabilities.
- SB 988 rights cannot be waived by any contractual clauses.
Photographer & Videographer SB 988 Contract Template
Review and copy this basic statutory template text. It contains the strict boilerplate language required by the State of California, customized specifically for freelance photographer & videographers.
COMMERCIAL PHOTOGRAPHY & VISUAL MEDIA AGREEMENT ================================================== This Visual Media Production Agreement is drafted in strict accordance with California SB 988 guidelines. 1. PARTIES: - Media Provider: [Your Name / Photography Studio] - Client: [Client Agency / Brand Name] 2. SCOPE OF PRODUCTION & RAW ASSETS: - Scope: Commercial Photography, Video Editing, and Creative Asset Delivery. - RAW Files: RAW Deliverables remain exclusively locked under the photographer's copyright until the Client settles 100% of the agreed compensation. 3. PAYMENT STRUCTURE: - Contract Value: $[Enter Amount] - Settlement Window: Client must settle all outstanding invoices within 30 days of final visual media watermarked delivery. 4. STATUTORY ENFORCEMENT & DOUBLE DAMAGES: - Continued commercial usage of delivered assets during an active payment default constitutes a willful violation of CA SB 988, rendering the Client liable for double statutory damages and collection costs.
Frequently Asked Questions (FAQ)
Q: Does SB 988 apply if the project is under $250?
A: No, the written contract requirement under the Freelance Worker Protection Act triggers at $250. However, verbal contracts are still legally binding for smaller projects under general contract law.
Q: Can clients pay late if we agree to it verbally?
A: No. Unilateral delays are illegal. Any modified terms must be agreed in a signed written contract. The default payment deadline is 30 days if the contract does not specify a date.
Q: How can I enforce my rights if a client refuses to pay?
A: Under SB 988, you can send a formal statutory demand letter, file a complaint with the California Labor Commissioner, or sue for double damages in Small Claims Court.