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 “Photographer”), and ___________, Address, __________________ (herein referred to as the “Client”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
The initial term of this Agreement shall be for a period ____ [Days/Weeks] commencing on the Effective Date herein.
The Photographer shall offer the Client the following services;
Date (s) ________________________
Start Time: ______________________. To: ____________________________
The Client shall pay the Photographer _____________ Dollars for the services covered under this Agreement, payments shall be made as ______% be paid upon signing this Agreement (to book the photoshoot date) and the balance paid within ________ working days after the shoot. NOTE; Incase the Photographer has included extra charges, the final cost is ________ dollars.
- COPYRIGHT/INTELLECTUAL PROPRIETARY RIGHTS.
- The Client shall have any and all legal rights including but not limited to copyright over all the photos produced under this Agreement, the Client 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 Client has made all payments and the photos ownership has been transferred from the Photographer to the Client.
- The Client acknowledges and understands that the Photographer may use the photos covered under this Agreement in their work portfolio. This shall be to advertise and/or market the Photographer’s work.
- The Photographer shall not be held responsible for any injuries sustained by the Client while they are performing their obligations under this Agreement, provided that such injuries are not as a result of the Photographer’s negligence. The Client agrees to defend and indemnify the Photographer against such issues and liability.
- The Client shall not be held responsible for damage and/or loss to the Photographer’s equipment during the photoshoot unless such damage and/or loss is due to the Client’s negligence. In the event that the Client is responsible for the damage and/or loss of the Photographer’s equipment, the Client shall be obligated to either pay for repairs and/or replacement of the equipment.
- 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.
- FORCE MAJEURE.
The failure on the part of the Photographer to perform their obligation under this contract will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Photographer shall inform the Client of such inconveniences promptly, and reschedule the photoshoot.
- DISPUTE RESOLUTION.
In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a binding mediation process.
Either Party can terminate/cancel this Agreement by providing a ____ Day written notice on the same. 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. If the Client cancels this Agreement after signing this Agreement, they shall forfeit the payment made to book the photoshoot date.
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.
- GOVERNING LAW/JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of __________ [State/Country]. Exclusive jurisdiction and venue shall be in ___________ [State/Country].
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
PHOTOGRAPHER: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
CLIENT: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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