Photographer & Videographer Late Payment Protection in California — Bay Area
California SB 988 entitles you to double damages for every day your invoice goes unpaid past 30 days. Lock in your protection now.
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.