This photography agreement is between [Sender.Company] (hereafter referred to as “Photographer” or “the Photographer”) and [Client.FirstName] [Client.LastName] (hereafter referred to as “Client”).
A written photography contract defines the terms and conditions of the agreement. As a photographer, you should have a contract for EVERY photo shoot, no matter how small. This can help you avoid huge legal and financial dilemmas in the future.
[Sender.Company] agrees to provide photography services at (insert event name or description i.e. "Smith Wedding") (hereinafter referred to as “shoot” or “the shoot”) to [Client.FirstName] [Client.LastName] in consideration of payment provided pursuant to the terms of this photography services contract.
Location of services: (insert address of photoshoot location)
Date: ( insert date of photo shoot MM.DD.YYYY)
Time: (insert time of photo shoot 00:00 AM/PM)
The Photographer agrees to provide no fewer than (insert number) proofs for the Client to view after the shoot and is not required to provide more than this number of images. The selection of images delivered to the Client is left to the discretion of the Photographer.
The Client shall assist and cooperate with Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed, taking time to pose for photographs at the Photographer's direction, pre-shoot consultations, etc. The Photographer is not responsible for photographs not taken as the result of the Client's failure to provide reasonable cooperation or assistance.
After the event, the Photographer will perform basic post-processing or digital image editing services on these photos where artistically necessary. The final photographs will be delivered no more than (insert number of days) days after the shoot.
The Client will receive photos via digital download/DVD/USB Drive with print release for personal use. Digital download/DVD/USB Drive includes images for printing and may be used on social media or email. The Client understands that when publishing photos online, the client will not edit the photos in any way.
In consideration of the photography services provided by the Photographer, the Client agrees to pay the sum of $(insert dollar amount). A non-refundable deposit totaling 50% (fifty percent) of the total price of the photography services is due upon the signing of this contract. If the Client cancels the Shoot for any reason, the non-refundable deposit will not be returned to the Client.
Any remaining balance must be paid in full no later than the photography services date. If the Client chooses to purchase photo prints or other products separately after the Shoot, payment for those products is due immediately upon delivery.
Depending on the type of photography project, the photographer may offer digital photos, prints, or both. Whichever format the parties agree to should be in the written contract.
The Client agrees that Photographer shall be the sole and exclusive photographer for the events specified in this photography services contract. The Client agrees and understands that no party other than Photographer may take pictures of any poses, lighting situations, or setups made by the Photographer.
Photographer will deliver proofs of photos to the Client no more than thirty days (30 days) after the date of the Shoot. Client understands and agrees that proofs are the exclusive property of Photographer.
All photos delivered to Client are for Client’s personal use only. No rights are or will be transferred to Client without prior written consent from Photographer.
Client agrees to pay [Sender.Company] $ (insert dollar amount) per violation.
In layman’s terms, an indemnification clause says that the client will be liable for anything damaged or injury to the photographer or their equipment which is the direct result of the client’s actions.
1. Client agrees that Photographer cannot guarantee certain poses or coverage quality and that [Sender.Company] shall in no way be held liable for compromised coverage due to interference from third parties or the environment. Further, Photographer shall not be responsible for photographs not taken because of Client’s failure to provide reasonable assistance or cooperation. Photographer has the right to end the session, without refund, due to a lack of cooperation or respect.
2. If Photographer is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, an act of God, or any other reasonable cause, 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.
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3. Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including cameras, hard drives, and memory cards. Photographer will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.
4. Client understands and agrees that Photographer agrees to retain copies of a reasonable number of photos from the Shoot for (insert number) days. After this period has expired, Photographer has no duty to retain copies of original files or photos from the event. It is the responsibility of Client to purchase, store, and backup photos after the agreed-upon period.
5. Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
6. Client agrees and understands that the quality of a photograph is entirely subjective. Photographer is not required to cater to the specific aesthetic preferences of Client.
7. Client agrees and understands that Photographer may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other edits. Client agrees to hold Photographer harmless for any edits which may be viewed as defamatory or demeaning.
8. Photographer retains the right to omit any image. It is understood that Photographer will not deliver every exposure taken.
Client will obtain all permissions necessary for Photographer to photograph at the Client's event location. 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.
It is important to consider the type of event and potential guests. For events or weddings, you may need to obtain photo releases from attendees or other individuals involved.
In exchange for valid consideration, 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.
In the event Photographer files suit to enforce any term or condition herein, Photographer is entitled to expenses of litigation, including reasonable attorney fees. Any legal disputes related to this contract will be resolved according to the laws of [Client.Country] , [Client.State] in a court of law.
Use the “additional services” area to list anything special the client requests, including unique lighting set-ups, rentals of additional equipment, photo booths, on-site stylists, and more.
Client agrees to the following payment terms: