commercial contract

BUSINESS NAME *

EMAIL *

PHONE 

ADDRESS 

POLICIES & AGREEMENT

1. Scope of Work: PHOTOGRAPHER and CLIENT are to arrive for the photoshoot at the agreed time and location which will be confirmed 7 days prior to the photoshoot.

2. Retainer and Payment: Upon your signature, PHOTOGRAPHER will reserve the time and date agreed upon, and will not make any other reservations for that time and date. The invoice must be paid 14 days of issue. 

3. Work Product: All photographs will be shot in digital format. Photos will be delivered between 14-21 days as high-resolution JPEG files via an online gallery platform. RAW files will not be provided as part of packages.

 

4. Cancellation: If the CLIENT cancels this agreement, giving less than 48 hours notice prior to the date of the photoshoot or fails to show on time, all payments made to the PHOTOGRAPHER will be forfeited and released to the PHOTOGRAPHER unconditionally.

 

5. Indemnification:

- PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person during the photoshoot. The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, restrictions of the locations.

- Unless specifically requested in writing prior to the photoshoot, the PHOTOGRAPHER is not responsible for under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for any missed coverage of any part of the photoshoot; or for failure to deliver images of any specific individuals or any specific objects at the photoshoot.

- If the PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire, casualty, unsafe environment, threat or any cause outside its control: PHOTOGRAPHER will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract; PHOTOGRAPHER will return in full all payments made to the PHOTOGRAPHER if a substitute photographer cannot be found; if the fees to be charged by the substitute photographer exceed the fees payable by the CLIENT under this contract, CLIENT will be entitled to elect: to engage the substitute photographer (in which case, CLIENT shall be liable for any additional fees charged by the substitute photographer); or to require the PHOTOGRAPHER to return in full all payments made under this contract.

- PHOTOGRAPHER reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism.

- If PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the PHOTOGRAPHER, the PHOTOGRAPHER will not be liable for any consequential loss arising from the nondelivery, and the liability of the photographer to the client should be limited to the repayment of amounts paid to the PHOTOGRAPHER under this agreement.

- CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any and all personal injury which may occur during the course of the photoshoot.

- CLIENT agrees to indemnify PHOTOGRAPHER and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity or any other legal, equitable or statutory remedy arising for or in connection with this agreement.

- PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the CLIENT.

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

- PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the photoshoot if the photographer experiences inappropriate, threatening, hostile or offensive behaviour from anyone at the photoshoot; or in the event that the safety of the PHOTOGRAPHER is in question. If the PHOTOGRAPHER leaves the photoshoot in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount to the CLIENT but will be obliged to provide CLIENT with photographs taken by the PHOTOGRAPHER prior to the PHOTOGRAPHER leaving the photoshoot.

6. Timeline and Schedule: Notification of any changes in schedule or location must be made in a timely manner. The PHOTOGRAPHER is not responsible for creating or managing the timeline of the day. If the PHOTOGRAPHER must stay over the agreed number of hours, an additional fee of $50 per hour will be charged to the CLIENT.

7. Copyright and Model Release: PHOTOGRAPHER shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing material, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, social media and/or studio. CLIENT releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by the PHOTOGRAPHER which is consistent with this agreement. If the PHOTOGRAPHER desires to make other commercial uses of the images to promote the commercial interests of any business other than the PHOTOGRAPHER’s own business, the PHOTOGRAPHER shall not do so without first obtaining the written permission of the CLIENT. It is understood that any duplication or alteration to the original images is strictly prohibited without the written permission of the PHOTOGRAPHER.

 

8. Social Media and Personal Use License: In consideration of the payments under this agreement, PHOTOGRAPHER grants CLIENT a perpetual non-exclusive license to print or to reproduce images delivered by the PHOTOGRAPHER as follows:

- CLIENT may share the photographs delivered by the PHOTOGRAPHER on CLIENT’s personal and business social media.

- CLIENT may print the photographs delivered for their own personal use and must not sell, use for commercial purposes, advertising and must not submit the photo into any competitions without written consent from the PHOTOGRAPHER prior.

 

9. Pricing and Additional Products: Services or merchandise not included in the initial contract or collection will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.

 

10. COVID-19 Restrictions: The CLIENT agrees to cancel their appointment if any symptoms of COVID-19 arise, including but not limited to a dry cough, sore throat, high temperature. The CLIENT agrees that the PHOTOGRAPHER will do as much as possible to minimise the spread of COVID-19 but will not hold them responsible if I contract COVID-19.