PHOTOGRAPHER CONTRACT
THE PARTIES: This Agreement (“Agreement”) made on ______________________, 20____,
is between ________ with a mailing address of ______________________, City of
______________________, State of Pennsylvania (“The Photographer”) and _______with a
mailing address of ______________________, City of ______________________, State of
________(“The Company”) both of whom agree as follows:
IN CONSIDERATION OF the matters described above and of the mutual benefits and
obligations set forth in this Agreement, the receipt and sufficiency of which consideration is
hereby acknowledged, the Company and the photographer (individually the “Party” and
collectively “The Parties” to this agreement) agree as follow:
TERMS
1. TERMS OF AGREEMENT
The term of this agreement (the “Term”) will begin on the date on this agreement and
will remain on full force and effect until the completion of the services, subject to earlier
termination as provided in this Agreement. The Term may be extended with the written
consent of the parties.
2. AUTHORITY TO ENTER AGREEMENT
Each Party warrants that the individuals who signed this Agreement have the actual legal
power, right and authority to make this agreement and bind each respective Party.
3. SCOPE OF WORK
The author is contracting a photographer to take photos for the book cover yet to be
published as per the vision of the author and the contents of the book.
4. CHANGE OF SCOPE OF WORK
The parties contemplate that it may be desirable to make changes to the statement(s) of
work. Before performing any work associated with any such change, a written change
order shall set forth the necessary revisions to the statement(s) of work, and the parties,
shall agree in writing that such work constitutes a change from the original statement of
work, as amended, and that they further agree to the change provisions set forth in the
change order.
5. COMPENSATION
The photographer shall be paid the amount______per hour. All the expenses that the
photographer may incur in the progress of work will be catered for by the author.
Payment has to be confirmed prior to the photoshoot. If the ohotographer does not show
up the payment should be refunded.
6. DUTIES OF THE PARTIES
The photographer cannot share the photos on any of their platforms or add them to their
portfolios until the book is published. The photographer also can’t talk about the contents
of the book or anything related to the book on any platform until the book is published.
7. INTELLECTUAL PROPERTY
Content created, photos, contents of the book belong to the author and can`t be shared or
uploaded unless authorized by the author.
8. DISPUTE RESOLUTION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
will be finally and exclusively resolved by binding arbitration. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA"). The arbitration may be conducted in person, through
the submission of documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator
fails to do so. If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the state and federal courts located in
[name of county] County, [name of state], and the Parties hereby consent to, and waive
all defenses of lack of personal jurisdiction, and forum non convenient with respect to
venue and jurisdiction in such state and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer
Information Transaction Act (UCITA) are excluded from these Terms of Use.
9. CONFIDENTIALITY
Except as otherwise expressly permitted in this Agreement, the parties shall not disclose
or use in any manner, directly or indirectly, any Confidential Information either during
the term of this Agreement or at any time thereafter, except as required to perform their
respective duties and responsibilities or with the other party’s prior written consent. Both
parties agree that all Confidential Information disclosed and received shall remain secret
and confidential during the term of this Agreement and continue thereafter for 10 years
after this Agreement is terminated or expires. Except as may otherwise be required by
law or legal process, neither party hereto shall disclose to any third party the terms and
conditions of this AGREEMENT or any information respecting sales or revenue of the
vending machine, during the TERM or thereafter. This obligation shall survive
termination of this AGREEMENT.
10. NON-DISCLOSURE
Each party shall maintain the Confidential Information of the other party in confidence
by using the same degree of care (but no less than a reasonable degree of care) that such
party maintains and protects its own Confidential Information, and shall not disclose,
divulge, or otherwise communicate such Confidential Information to others, or use it for
any purpose, except pursuant to, and in order to carry out, the terms and objectives of this
Agreement or with the express written consent of the party who provided such
Confidential Information.
11. NOTICES
In the instance of cancellation, a notice of 1 week will be required. All notices under this
Agreement shall be in writing and sent to the address of the recipient specified herein.
Any such notice may be delivered by hand, by overnight courier, certified mail with
return receipt, or first class pre-paid letter, and will be deemed to have been received (1)
if delivered by hand – at the time of delivery; (2) if delivered by overnight courier – 24
hours after the date of delivery to courier with evidence from the courier; (3) if delivered
by certified mail with return receipt – the date as verified on the return receipt; (4) if
delivered by first class mail – three (3) business days after the date of mailing.
12. TERMINATION
During the course of this agreement, the parties may terminate this Agreements if there is
illegal activity, destruction of property, when the model does not come to the shoot,
leaking of shoot, leaking on set, when the parties no longer do business together or any
other breach.
13. SEVERABILITY
If any term, covenant, condition, or provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected, impaired,
or invalidated.
14. FORCE MAJEURE
Neither party shall be liable for any failure to perform under this Agreement when such
failure is due to causes beyond that party’s reasonable control, including, but not limited
to, acts of State or governmental authorities, acts of terrorism, natural catastrophe, fire,
storm, flood, earthquakes, accident, and prolonged shortage of energy.
15. GOVERNING LAW
This Agreement shall be governed under the laws in the State of Pennsylvania.
16. AMENDMENT AND MODIFICATION
No supplement, modification or amendment of this Agreement shall be binding unless
executed in writing and signed by both parties
17. WAIVER
No waiver of any default shall constitute a waiver of any default or breach, whether of
the same or other covenant or condition. No of any service voluntarily given or
performed by a Party shall give the other Party any contractual right by contractual right
or otherwise.
IN WITNESS WHEREOF, this Agreement was signed by the parties under the hands of their
duly authorized officers and made effective as of the undersigned date.
Author`s Signature __________________________ Date ________________
Name ____________________________
Photographer`s Signature __________________________ Date ________________
Name ____________________________
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