This contract ("Contract") constitutes a binding contract for the services and/or products of the photographers. By signing this Contract, the clients, identified on page three of this Contract (collectively referred to hereinafter as "Client/) agree to pay [COMPANY NAME] for the services and/or products provided by [COMPANY NAME] at the price indicated on the first page of this Contract.
The following terms and conditions apply to the Client's commitment to [COMPANY NAME]:
SCOPE OF WORK
This contract is for services and products related to a photography shoot (hereafter “shoot” or the “SHOOT”) to take place at the following time and place.
[COMPANY NAME] and Client are to arrive for the SHOOT at [SPECIFY TIME] at [ SPECIFY PLACE].
[COMPANY NAME] agrees to provide no fewer than [SPECIFY] photos for Client to view after the shoot and is not required to provide more than this number of images. [COMPANY NAME] will perform basic post-processing or digital image editing services on these photos where artistically necessary.
[COMPANY NAME] shall be the only photography service provider retained by the Client for the event identified on page there of this Contract (referred to below as the “Event”. Family and friends of Client shall be permitted to photograph the event, for non-commercial purposes, provided that such person or persons do not interfere with the photographer’s duties. If, in the opinion of the assigned photographer, such person or persons are inhibiting the photographer from performing his or her duties, Client shall require the person interfering with the photographer to stop all further shots.
In consideration for the photography service provided by [COMPANY NAME], Client agrees to pay the sum of [SPECIFY]. The client undertakes to pay the photographer a refundable deposit totaling 50% (fifty percent) of the total price of the photographic services at the time of signing this contract. The initial payment reserves the photographer’s time and it’s considered as a retainer or deposit. [COMPANY NAME] undertakes not to announce the availability of this same time slot to other potential customers. If Client cancels the shooting for any reason, the initial payment will be returned to Client if it’s at least 2 weeks before the scheduled time of the photo SHOOT.
The balance of the payment for photography services must be paid in full no later than 7 days after the photo SHOOT detailed in section 1: Scope of Work. If the customer is required to purchase photos separately after the photo SHOOT, payment for those photos is due immediately upon delivery of photos to the customer.
[COMPANY NAME] will deliver proofs of photos to Client no more than [SPECIFY] days after the date of the SHOOT. Client understands and agrees that proofs are the exclusive property of [COMPANY NAME] and Client has no right to these photos except for a license to review them, but not store the proofs.
All photos delivered to Client are licensed for Client’s personal use only.
[COMPANY NAME] shall assign a photographer from its staff exclusively for Client’s Event. If necessary, assistants to such photographer shall attend the Event. [COMPANY NAME] reserves the right to change any initial assignment and substitute another staff photographer at ant time due to illness. Due to the length of time required to shoot the Event, Client agrees to provide the photographer and any assistants with a meal during the Event.
DUTY OF CLIENT
The Client will obtain all necessary authorizations for [COMPANY NAME] to photograph during the photo SHOOT. [COMPANY NAME] is not required to obtain authorization of reception centers, churches, buildings, properties or other places to operate. The Client understands and accepts that any failure to obtain these authorizations may result in fines for the photographer or even prevent the photographer from photographing the event(s) and that it is not the photographer's fault, liability or obligation.
ILLNESS AND UNEXPECTED EVENTS
[COMPANY NAME] will not be liable to Client under any circumstances if its performance is prevented or impaired due to war, insurrection, strikes, walk-outs, riots, fire, acts of God, including adverse weather conditions and earthquakes, shortage or unavailability of labor or materials, laws or governmental restrictions which conflict with the term of this Contract, or any other matter beyond the reasonable control of [COMPANY NAME]. In the event of any unanticipated photographer illness, [COMPANY NAME], shall make reasonable efforts to substitute another competent professional. If another photographer cannot be assigned in time for the Event, [COMPANY NAME] shall promptly return to Client all fees previously paid by the Client and shall then have no further liability with respect to this Contract. [COMPANY NAME] reserves the right to decline outdoor photography in the event of inclement weather. Clients is responsible for providing an alternate nearby location in the event of inclement weather.
If [COMPANY NAME] must cancel the appointment for reasons beyond its control (death, injury, illness, etc.), its liability will be limited to the full refund of all sums paid. In addition, if the Client cancels the appointment, he can do so without penalty up to 2 weeks before the reserved time slot. After this period, a penalty corresponding to the initial deposit will be charged.
If the cancelled appointment is found to be a postponement, then, subject to the availability of [COMPANY NAME], all amounts paid may be allocated to the new appointment. In this case, the total fee payable is the one that applies at that time. In the event that [COMPANY NAME] makes another appointment for your cancelled or postponed date, a full refund of your deposit or amounts paid will be made.
Client grants permission to [COMPANY NAME] and its assigns, licensees and sublicensees, permission to use Client’s image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use or any and all other uses. Therefore, [COMPANY NAME] may use Client’s likeness and image on [COMPANY NAME]’s website or other advertising. [COMPANY NAME] may sell photos containing Client’s likeness to third parties.
assignability and parties of interest
The Client accepts and understands that, unless otherwise specified in this contract, the Client does not enter into a contract for a personal service to be performed by a specific photographer. [COMPANY NAME] may subcontract or assign this contract to a second shooter. [COMPANY NAME] may assign any photographer 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 professional manner.