DRAFT FOR REVIEW. Not legal advice. Laws vary by country and state; have this draft reviewed before anyone signs it.
Photography Services Agreement
This Photography Services Agreement (the “Agreement”) is made on between , of (“Photographer”), and , of (“Client”). Photographer and Client are each a “party” and together the “parties”.
1. The shoot
1.1Photographer will photograph the following for Client: , on at , with this coverage: .
1.2Photographer will deliver edited images within after the shoot, in digital form. Photographer chooses which images to edit and the editing style, in line with the samples shown to Client.
1.3Client will tell Photographer about any restrictions at the location and arrange any permits or permissions needed to photograph there.
2. Fee and deposit
2.1Client will pay Photographer for the services in this Agreement.
2.2No deposit is due to reserve the date.
2.3The balance is due within of receiving the invoice. Travel outside the location above, extra hours and extra products are charged only if agreed in writing beforehand.
3. Cancellation and rescheduling
3.1Client may cancel by written notice at least before the shoot. Because the date was reserved for Client, Photographer keeps the deposit.
3.2If the shoot has to be rescheduled, the parties will try in good faith to agree a new date. If Photographer cannot attend because of illness, emergency or events outside its control, Photographer will try to arrange a suitable replacement photographer with Client’s approval or, if Client prefers, refund all payments received.
4. Copyright and use of the photos
4.1Photographer owns the copyright in the photos. Once paid in full, Photographer grants Client a non-exclusive, permanent licence to use the delivered images for personal, non-commercial purposes, such as prints and sharing with family and friends.
4.2Client will not sell the images or license them to others, and will not edit them in a way that misrepresents Photographer’s work, without Photographer’s written consent.
5. Portfolio use
5.1Once the work is public, Photographer may show it in a portfolio and mention Client as a client, without sharing confidential information.
6. Independent relationship
6.1Photographer works as an independent business, not as an employee, partner or agent of Client. Photographer decides how, when and where the work is done, within the deadlines of this Agreement, and is responsible for its own taxes, insurance and business costs.
7. Limitation of liability
7.1To the extent the law allows, each party’s total liability arising from this Agreement is limited to the total fees paid by Client under it.
7.2Neither party is liable to the other for indirect or consequential losses, such as lost profits, except where the law does not allow this to be limited, or in cases of fraud, wilful misconduct or a breach of confidentiality.
8. Governing law and disagreements
8.1This Agreement is governed by the laws of .
8.2If a disagreement about this Agreement arises, the parties will first try to settle it by talking in good faith. If that does not work, either party may take it to the courts of the place whose law governs this Agreement.
9. General terms
9.1Entire agreement. This Agreement is the whole agreement between the parties on its subject and replaces earlier discussions about it.
9.2Changes. Any change to this Agreement must be in writing and accepted by both parties.
9.3Notices. Notices under this Agreement are given in writing to the addresses above, or to an e-mail address a party gives for that purpose.
9.4Severability. If a court finds part of this Agreement unenforceable, that part is limited as little as needed and the rest stays in effect.
9.5Assignment. Neither party may transfer this Agreement to someone else without the other party’s written consent.
9.6Counterparts. The parties may sign separate copies, on paper or electronically, which together form one Agreement.
Signatures
Photographer
Client