MISUNPHO PHOTOGRAPHY SERVICES AGREEMENT

April 11, 2023

 MISUNPHO PHOTOGRAPHY SERVICES AGREEMENT

THIS PHOTOGRAPHY SERVICES AGREEMENT, is entered into and made effective as of ________________ by and between the following parties: MISUNPHO having its principal address at _____________________ and an Email ______________________ AND ____________________________ (hereinafter referred to as “Client”)

RECITALS

WHEREAS, Client wishes to engage Photographer services by booking on the photographer website;

WHEREAS, the Photographer has the skills, qualifications, and expertise required to provide the Photography Services to the Client;

NOW, THEREFORE, in consideration of the foregoing the parties do hereby agree to be bound as follows:

  1. SERVICES

Subject to the terms and conditions of this Agreement, the photographer agrees to render Photography skills as requested and booked by the Client as follows:

  1. Date of Services _____________________
  2. Time of Photography: ___________________
  3. Location Details (specify details if any): ____________________. All shoots including flowers, glitter etc. must be scheduled at least a week in advance.

Due to the Covid 19 Pandemic, the studio will not allow guests unless it is a child shoot or a maternity shoot. In case of a child or maternity shoot, only one guest will be allowed.

  • FEES

In consideration for the services rendered by Misunpho, the Client will pay a total of $ ________________ plus a non-refundable deposit of $ 40.

Misunpho will accept the following forms of payment: ____________________________.

Any and all charges payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by state or federal governments. Taxes imposed upon or required to be paid by the Client or Photographer shall be the sole and exclusive responsibility of each, respectively.

  • TERMINATION AND CANCELLATION

The Client is allowed to reschedule the shoot up to 2 times at least 48 hours before the appointment. Failure to comply with the 48 hours requirement, will lead to forfeiture of deposit.

  • NO GUARANTEE OF POSES

Misunpho Photography work product only entails digital pictures. Client acknowledges and agrees that Misunpho cannot guarantee any specific poses or photos. If Client wishes to have certain wishes to have certain poses or photos, Photographer will make every effort to include such poses but does not warrant that such poses or photos will turn out in the manner the Client wishes or that such poses or photos will be usable for Client’s needs.

  • INDEPENDENT CONTRACTOR

Nothing herein shall be taken to establish any partnership, joint venture, agency, or employment relationship. Photographer is, and at all times will be, an independent contractor. Photographer shall receive no benefits from the Client. Photographer shall be responsible for all of Photographer’s own taxes, and no amounts will be withheld by client.

  • COPYRIGHT PROTECTION

Misunpho owns all copyright in and that relates to the images. Photographer will not transfer the copyright ownership rights to the Client. However, the Client is allowed use the photographs in the way he or she deems fit.

  • MUTUAL COOPERATION

Both Parties agree to cooperate for the duration of the Parties’ relationship. Photographer agrees to use discretion, skill, discretion and experience to produce the best shots possible for the Client. Further, the Client will be responsible to Photographer for the payment of fees due, regardless of the late operation of sessions or any unforeseen circumstances which are not the fault of the Photographer. 

  • FORCE MAJEURE

The Videographer will not be liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

  • DISPUTE RESOLUTION

Any dispute arising regarding the subject matter of the agreement shall be solved by negotiation between the parties.

  1. GOVERNING LAW

This Agreement shall be governed in all respects by the laws of the state of ________________and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of_________________. The Parties agree that this choice of law, venue and jurisdiction provision is not permissive, but rather mandatory in nature.

  1. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

IN WITNESS WHEROF, the Parties execute this Agreement as follows:

EXECUTION

Name: _____________________________________

Representative Name: __________________________

Representative Title:  _____________________________

Representative Signature: ________________________

Name:  _______________________________

Representative Name: _____________________

Representative Title: _________________________

Representative Signature: _________________

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