Copy of contract
Short-Form General Photography Contract
This agreement is between _________________________________________ (hereafter referred to as "Photographer," "the Photographer," or "Photography Company") and _________________________________________ (hereafter referred to as "Client").
1. Scope of Work:
This contract pertains to services and products related to a photography shoot (hereafter referred to as "Shoot" or "the Shoot") to take place at the following time and place:
Date:____________________
Time: ____________________
Location: ____________________
Photographer agrees to provide no fewer than ______________photos for Client to view after the Shoot and is not obligated to provide more than this number of images. Photographer will perform basic post-processing or digital image editing services on these photos where artistically necessary.
2. Fees:
In consideration for the photography services provided by Photographer, Client agrees to pay the sum of _________________________.
Client agrees to pay the Photographer a non-refundable initial payment totaling 50% (fifty percent) of the total price of the photography services upon signing this contract. The initial payment reserves the Photographer’s time and is not a retainer or deposit. Photographer agrees not to advertise availability of this same time slot to any other potential clients. If Client cancels this Shoot for any reason, the initial payment will not be refunded to Client.
The remaining balance of the payment for photography services must be paid in full no later than 7 days after the Shoot detailed in Section 1: Scope of Work. If Client is required to purchase photos separately after the Shoot, payment for those photos is due immediately upon delivery of photos to the Client.
3. Work Product:
Photographer will deliver proofs of photos to Client no more than thirty (30) days after the date of the Shoot. Client understands and agrees that proofs are the exclusive property of Photographer, and Client has no right to these photos except for a license to review them, without storing or using them.
All photos delivered to Client are licensed for Client’s personal use only. Photos from the Shoot to be delivered to the Client will follow the terms below:
- Are any photos included in the price for photography services?** YES / NO (circle one)
- Number of photos included in the price: ____________________
- Resolution of photos included: ____________________
If photos are included in the price for photography services, the following constitutes the entirety of photos to be delivered to the Client and licensed for personal use only:
- Number of prints included: ____________________
- Print sizes: ____________________
- Materials used for printing: ____________________
Client understands and agrees that prints may take longer for delivery. Photographer must deliver photos in a reasonable amount of time after the Client has made a final order.
4. Indemnification:
4.1 No Obligation: Photographer and Client agree that Photographer is under no obligation to capture any specific moment, pose, or person(s) during the Shoot.
4.2 Force Majeure:If Photographer is unable to perform the services in this contract due to any cause outside its control, Client agrees to indemnify Photographer for any loss, damage, or liability; however, Photographer will return in full all payments made by Client to Photographer in relation to this Shoot.
4.3 Technological Failure: Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including data loss.
4.4 Photo Storage: Client understands and agrees that Photographer is not required to maintain copies of the photos from this Shoot 60 (sixty) days after the photos have been delivered to Client.
4.5 Personal Injury: Client agrees to hold Photographer harmless for any personal injury which may occur as the Client poses or works with Photographer.
4.6 Artistic Discretion: Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of Client.
5. Duty of Client:
Client will obtain all permissions necessary for Photographer to photograph at the Shoot. Photographer has no duty to obtain permission from reception centers, churches, buildings, properties, or other locations to operate thereon. Client understands and agrees that any failure to obtain these permissions resulting in fines to Photographer, or which prevent Photographer from photographing the event(s), is not the fault, liability, or responsibility of Photographer.
6. Exclusive Photographer:
Client agrees and understands that no other party, other than Photographer, may take pictures of any poses, lighting situations, or setups made by the Photographer. This slows down the Photographer’s work and violates the Photographer’s right to take pictures of the event. Client agrees to take responsibility for ensuring that no person(s) interfere with the Photographer or take pictures in these situations.
7. Model Release:
Client grants permission to Photographer and its assigns, licensees, and sublicensees, to use Client’s image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any other purposes. Therefore, Photographer may use Client’s likeness and image on Photographer’s website or other advertising platforms. Photographer may sell photos containing Client’s likeness to third parties.
8. Assignability and Parties of Interest:
Client agrees and understands that, unless otherwise specified in this Contract, Client is not contracting for a personal service that will be performed by any specific photographer. Photographer may subcontract or assign this contract to any second-shooter or any photographers associated with the Photography Company to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
9. Entire Agreement:
This contract contains the entire understanding between Photographer and Client. It supersedes all prior and simultaneous agreements between the parties. The only way to amend or add to this contract is to do so in writing, signed by all parties.
10. Governing Law:
This contract shall be governed by the laws of the jurisdiction in which the Photographer operates.
Photographer Signature: ________________________________
Date: ____________________
Client Signature: _______________________________________
Date: ____________________