1. Scope of Work:

This contract is for services and products related to photography shoots (hereafter “shoot” or “the shoot”) to take place at the time and place agreed upon when finalizing booking details.  PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.  For sessions booked directly, the PHOTOGRAPHER will provide CLIENT with a password-protected online photo gallery to preview watermarked images.  CLIENT will indicate which images they want.  Some images are included within the session booking pricing.  Additional images will incur a cost.  All final digital downloads will be provided in high resolution and without watermarking. For event sessions, including but not limited to fundraising events, holiday experience events, other single or multi-family events, the PHOTOGRAPHER will provide CLIENT with a password-protected online photo gallery with high resolution images from the entire event.  CLIENT will have opportunity to download and purchase prints for all images in the gallery.  All final digital downloads will be provided in high resolution and without watermarking.

 

2. Fees:

In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay fee agreed upon for services provided per booking details.  CLIENT will receive a confirmation email with total due prior to session.  In the event of a last-minute booking, a confirmation email may not be sent due to circumstances.  Additional products purchased after the booking session for additional prints, digital images, additional retouching, etc will be purchased separately and agreed upon between PHOTOGRAPHER and CLIENT based on current offerings.  CLIENT agrees to pay for these additional products or services prior to receipt.

 

3. Work Product

PHOTOGRAPHER will deliver proofs via an online photo gallery to CLIENT no more than ten days (10 days) after the date of the SHOOT.  All photos delivered to CLIENT are licensed for CLIENT’S personal use only.  Photos from the SHOOT to be delivered to the client will be according to the following order.

 

4. Indemnification:

4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT. 

 

4.2 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.  In the event of data loss, the event will be rescheduled.

 

4.3 - 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.

 

4.4 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.

 

4.5 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.

 

5.  Exclusive Photographer

CLIENT agrees and understands that no other party other than PHOTOGRAPHER or an employee of the PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer.  Parties present shall not photograph using their smart phone or personal camera devices. This slows down the photographer’s work and violates the photographer’s right to take pictures.  CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.  This increases risk by potentially violating recommended social distancing parameters, when applicable. 

 

6.  Model Release

CLIENT grants permission to PHOTOGRAPHER 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, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising.  PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.

  

7. 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 sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign 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.

 

8. CLIENT’S Information:

This information will be used as needed to contact CLIENT for business purposes, provide access to the online gallery, provide access to digital downloads, and ship any physical products such as prints, etc.  CLIENT may receive promotional messages.