PHOTOGRAPHY AGREEMENT

THIS PHOTOGRAPHY AGREEMENT (the “Agreement”) dated this _____ day of __________________, 2021 BETWEEN:

Insert Photographer’s Name of Insert Photographer’s Address

(the “Photographer”)

  • AND –

Insert Your Name of Insert Your Address

(the “Buyer”)

BACKGROUND:

  1. Photographer desires to sell to the Buyer photographs taken by photographer.
  2. Photographer has the necessary qualifications, experience and abilities to provide photographs to the Buyer.
  3. Photographer is agreeable to providing such photographs to the Buyer on the terms and conditions set out in this Agreement.

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, Photographer and Buyer (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:

Performance

The parties agree to do everything necessary to ensure that the terms of this Agreement take effect.

Term of Agreement

The term of this Agreement (the “Term”) will begin on Insert Date.

This Agreement will be terminated if the Parties fail to perform their obligations as set out in this Agreement.

Consideration

Buyer shall pay Photographer consideration in the sum of $_____. Photographer shall send an invoice to Buyer, and Buyer will be expected to make payment within ___ days.

Expenses Incurred

When applicable, Photographer is responsible for all travel, accommodation, meal and transport costs unless provided by Buyer.

Permits

Photographer is responsible for acquiring all permits and necessary permission for all locations on which Photographer will be performing services.

Responsibilities

Photographer is not responsible for compromised coverage due to causes beyond the control of Photographer including but not limited to, weather conditions, schedule complications or incorrect addresses provided to Photographer. Photographer is responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage.

Film and Copyrights

The photographs produced by Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Buyer’s explicitly written permission. Photographer must obtain written permission from Buyer prior to publishing or selling the photographs.

Model Release

Photographer hereby assigns Buyer the irrevocable and unrestricted right to use and publish photographs of Photographer for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. Photographer releases all claim to profits that may arise from use of images.

Post-Production and Editing

The final post production and editing styles, effects, and overall look of the images are left to the discretion of Buyer.

Entire Agreement

This agreement contains the entire understanding between Photographer and Buyer. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

Non-Disclosure Agreement

The parties agree and acknowledge that, as a result of negotiating, entering into and performing this Agreement, each party has and will have access to certain of the other party’s Confidential Information. Confidential Information shall include but not limited to Insert Information You Consider Confidential. Each party also understands and agrees that misuse and/or disclosure of that information could adversely affect the other party’s business. Accordingly, the parties agree that, during the Term of this Agreement and thereafter, each party shall use and reproduce the other party’s Confidential Information only for purposes of this Agreement and only to the extent necessary for such purpose and shall restrict disclosure of the other party’s Confidential Information to its employees, consultants or independent contractors with a need to know and shall not disclose the other party’s Confidential Information to any third party without the prior written approval of the other party. Notwithstanding the foregoing, it shall not be a breach of this Agreement for either party to disclose Confidential Information of the other party if required to do so under law or in a judicial or other governmental investigation or proceeding, provided the other party has been given prior notice and the disclosing party has sought all available safeguards against widespread dissemination prior to such disclosure.

Dispute Resolution

All disputes arising from or connected to this Agreement which pertain to its validity, effectiveness, violation, interpretation, expiration, termination and its consequences shall be resolved by litigation, pursuant to the laws of the State of New York. Both parties submit to the jurisdiction of the State of New York.

Assignment

Photographer will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without prior written consent of Buyer.

Enurement

This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.

IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ___ day of ________, 2021.

___________________________________                          Photographer

WITNESS: __________________________                         Per: _________________________ (Seal)

___________________________________                          Buyer

WITNESS: __________________________                         Per: _________________________ (Seal)

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