PHOTOGRAPHER SERVICE CONTRACT
I. The Parties. This Photographer Service Contract (“Agreement”) made on this [insert
date] (“Effective Date”), is by and between:
The Photographer: XXXX PHOTOGRAPHY, whose address is XXX
-AND-
The Client: [INSERT NAME OF CLIENT], [insert the address of the client]
Photographer and Client are each referred to herein as a “Party” and, collectively, as
the "Parties."
IN CONSIDERATION of the mutual promises and agreements contained in the
agreement, the Client hires the Photographer to work under the terms and conditions
hereby agreed upon by the Parties:
II. Term. The term of this Agreement shall begin on [insert date of the shoot] and end on
the [insert the end date]: (check one)
III. The Service. The Photographer agrees to provide the following services;
a. [insert the services offered]
Hereinafter known as the “Service”.
In the performance of his duties to provide the service, the photographer shall comply
with the policies, standards, and regulations of the Client, including local, State, and
Federal laws and to the best of their abilities.
Photographer grants permission to the Client to reproduce images and make an
unlimited number of prints for personal use only. This permission applies
worldwide. Client agrees the he/she may not use any images for commercial or
editorial purposes, or enter any images into competition without express written
permission from the photographer. Photographer retains the copyright to all
images.
IV. Payment Amount. The Client agrees to pay the Photographer a retainer fee of
$[insert amount] as compensation for the Service performed under this Agreement.
Hereinafter known as the “Payment Amount”.
V. Payment Method. The Client shall pay $150.00 upon the signing of this agreement,
and the remainder of the amount, which is $[insert amount], shall be paid on the date of
the photo shoot.
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Hereinafter known as the “Payment Method”. The Payment Amount and Payment
Method collectively shall be referred to as “Compensation”.
VII. Additional Services. Where the client requires a different style of photography
from the one initially agreed upon, he/she will bear the burden in terms of additional cost
for the performance of such extra service
VIII. Time is of the Essence. Photographer acknowledges that time is of the essence
in regard to the performance of all Services.
IX. Cancellations and Refund: Photographer operates under a no cancellation policy.
A cancellation will result in a forfeiture of the retainer. A photo shoot is considered
cancelled if client has not arrived within 30 minutes of the scheduled photo shoot start
time.
X. Rescheduling: Client is permitted one scheduling request. If the request is made at
least 72 hours prior to the scheduled start time of the photo shoot. A subsequent
rescheduling
request will result in the forfeiture of the initial retainer fee referred to in IV above.
X. Confidentiality. Photographer acknowledges and agrees that all financial and
accounting records, lists of property owned by Client, including amounts paid, and any
other data and information related to the Client is confidential.
The Client agrees that details relating to Photographer’s studio, equipment, shooting
techniques, photo backdrops. and lighting techniques is Confidential. (“Confidential
Information”).
Therefore, except for disclosures required to be made to advance the business of the
Client as well as the business of the Photographer, and information which is a matter of
public record, neither party shall, during the term of this Agreement or after its
termination, disclose any Confidential Information, except with the prior written consent
of the other party.
a.) Return of Documents. The Client acknowledges and agrees that all originals
and copies of records, reports, documents, lists, plans, memoranda, notes, and
other documentation provided by the Photographer containing Confidential
Information shall be the sole and exclusive property of the Photographer and
shall be returned to the Photographer upon termination of this Agreement or
upon written request of the Photographer.
b.) Injunction. Photographer agrees that it would be difficult to measure damage to
the Photographer’s business from any breach by the Client under this Section;
therefore, any monetary damages would be an inadequate remedy for such
breach. Accordingly, the Client agrees that if he/she/they should breach this
Section, the Photographer shall be entitled to, in addition to all other remedies it
may have at law or equity, to an injunction or other appropriate orders to restrain
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any such breach, without showing or proving actual damages sustained by the
Photographer.
c.) No Release. Client agrees that the termination of this Agreement shall not
release him/her/they from the obligations in this Section.
XI. Taxes. Photographer shall pay and be solely responsible for all withholdings,
including, but not limited to, Social Security, State unemployment, State and Federal
income taxes, and any other obligations. In addition, Photographer shall pay all
applicable sales or use taxes on the labor provided and materials furnished or otherwise
required by law in connection with the Services performed.
XII. Independent Contractor Status. Photographer acknowledges that he is an
independent contractor and not an agent, partner, joint venture, nor an employee of the
Client. Client shall have no authority to bind or otherwise obligate the Photographer in
any manner, nor shall the Client represent to anyone that it has a right to do so. Client
further agrees that in the event the Client suffers any loss or damage as a result of a
violation of this provision, the Client shall indemnify and hold harmless the Client from
any such loss or damage.
XIII. Safety. Photographer shall, at his/her/their own expense, be solely responsible for
protecting its employees, sub-Photographers, material suppliers, and all other persons
from risk of death, injury or bodily harm arising from or in any way related to the
Services or the site where it is being performed (“Work Site”). In addition, Photographer
agrees to act in accordance with the rules and regulations administered by federal law
and OSHA. Photographer shall be solely responsible and liable for any penalties, fines,
or fees incurred.
XV. Successors and Assigns. The parties to this agreement shall be at liberty to
assign the obligations of the contract to a third party with the consent of each party to
ensure the completion and continuance of the contract.
Any provision hereof which imposes upon the Photographer or Client an obligation after
termination or expiration of this Agreement shall survive termination or expiration hereof
and be binding upon the Photographer or Client.
XVI. Default. In the event of default under this Agreement, the party who is at fault shall
reimburse the other Party for all costs and expenses reasonably incurred by the Party, if
any.
XVIII. Governing Law. This Agreement shall be governed by and shall be construed in
accordance with the laws in the State of Georgia.
XIX. Severability. If any term in this Agreement is held by any court to be invalid, the
invalidity shall only affect that particular provision, the remainder of the contract remains
unaffected.
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XXI. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties to its subject matter and supersedes all prior contemporaneous agreements,
representations, and understandings of the Parties. No supplement, modification, or
amendment of this Agreement shall be binding unless executed in writing by all Parties.
XXII. Termination of the Contract. The parties to the contract may terminate the
contract upon as best serves them with prior written notice to the other party.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused
this Agreement to be executed in their names by their duly authorized officers.
Client’s Signature _______________________ Date ____________
Print Name _______________________
Photographer’s Signature _______________________ Date ____________
Print Name _______________________
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