PHOTOGRAPHY AGREEMENT.

by | Jul 27, 2023 | Agreements

PHOTOGRAPHY AGREEMENT.

This Photography Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between ________________, Address, _____________ (hereinafter referred to as the “Company”), and ___________, Address, __________________ (herein referred to as the “Photographer”).

NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:

  1. TERM

The initial term of this Agreement shall be for a period ____ [Weeks/Months/Year] commencing on the Effective Date herein.

  • SCOPE.

The Company is hiring the Photographer to offer photography services, which shall include organizing photoshoots for the Company’s models. The Photographer shall organize and conduct photoshoots based strictly on the Company’s directions, shall make requested edits and send the final product to the Company.

Location: _______________________

Start Time: ______________________.  To: ____________________________

  • PAYMENT.

The Company shall pay the Photographer _____________ Dollars per photoshoot for the services covered under this Agreement, payments shall be made after completion of each photoshoot.

  • PROPRIETARY RIGHTS.
    • The Company shall have any and all legal rights including but not limited to copyright over all the photos produced under this Agreement, the Company shall have the discretion to use, reuse, alter, publish, post and use the photos in any way they see fit. The Photographer shall forfeit all rights to the photos as soon as the photoshoots are completed, the Company has made payments and the photo ownership has been transferred from the Photographer to the Company.
    • The Photographer shall not keep any of the photos for themselves, use them in their work portfolio and/or publish/post them anywhere, including but not limited to posting or sharing them online on their social media accounts, without the prior written consent of the Company.
    • The Photographer shall not take and/or publish, share or post any nude photos of the featured models. The Photographer shall be responsible for any legal issues/claims arising from any forbidden sharing of the model’s photos and/or their likeness that is done without the Company’s knowledge and/or written consent.
    • The Photographer shall not, under any circumstances hand over the photos to the featured models.
  • LIABILITY/INDEMNITY/WAIVER.
    • The Company shall not be held responsible for any injuries sustained by the Photographer while they are performing their obligations under this Agreement, provided that such injuries are not as a result of the Company’s negligence. The Photographer agrees to defend and indemnify the Company against such issues and liability.
    • The Photographer shall not assign its rights or obligations under this Agreement without prior Notice or consent of the Company
    • The waiver by either party of any breach or failure to enforce any of the terms of this Agreement at any time shall not in any way affect, limit, or waive such Party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.
  • TERMINATION/CANCELATION.

Either Party can terminate/cancel this Agreement by providing a ____ Day written notice, if the Photographer terminates/cancels this Agreement at any time after signing this Agreement and start of the project, they shall refund all the payments made.

  • GENERAL PROVISION, GOVERNING LAW AND JURISDICTION.
    • This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
    • This Agreement shall be governed by and construed in accordance with the laws of the State of _________, USA. Exclusive jurisdiction and venue shall be in _____________, USA.
    • This Agreement shall be binding upon and inure to the benefit of the Company and the Photographer and their respective successors and assigns, provided that the Photographer may not assign any of their obligations under this Agreement without the Company’s prior written consent. 

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

COMPANY: _____________            ________________________                 ___________

                        (SIGNATURE)                  (NAME)                                           (DATE)

PHOTOGRAPHER: _____________        ________________________              ___________

                            (SIGNATURE)                           (NAME)                             (DATE)

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