Photography Services Contract
This Photography Services Contract (the "Contract") is made between [Photographer (your name or studio)] ("Photographer") and [Client full name(s)] ("Client"), telephone [Client phone], for photography services at the event or session described below (the "Shoot"). Photographer and Client are each a "Party" and together the "Parties".
1. The Shoot
Photographer shall photograph the following: [Type of shoot], on [Date of the shoot] (the "Shoot Date"), beginning at [Start time] for [Hours of coverage] consecutive hours of coverage, at [Location(s)]. Client shall notify Photographer in writing of any change to the time or location at least seven (7) days before the Shoot Date; Photographer will accommodate changes where reasonably able, and a change of date is treated as a reschedule under Section 8.
2. Package and Deliverables
The package includes: [Package: what is included] (the "Package"). Photographer shall deliver no fewer than [Minimum number of edited images] edited, high-resolution digital images (the "Images") through an online gallery, within [Delivery within (weeks)] weeks after the Shoot Date. Photographer selects which frames are edited and delivered, exercising professional judgment; unedited or raw files are not deliverables and are not provided.
Physical products in the Package, such as albums or prints, are produced after Client approves the design and are delivered within a reasonable time after approval. Photographer shall keep the Images available for download for at least ninety (90) days after delivery and shall archive them for at least one (1) year, but Client is responsible for downloading and backing up the Images.
3. Price, Retainer and Payment
The price of the Package is [Package price] (the "Price"). A non-refundable retainer of [Non-refundable retainer] (the "Retainer") is due on signing. The Shoot Date is not reserved until the Retainer is received; until then Photographer may accept other bookings for that date. The Retainer is credited against the Price. The balance of the Price is due [Balance due (days before the shoot)] days before the Shoot Date, and Photographer is not obliged to perform if it has not been paid.
Coverage beyond the hours in Section 1, if Client requests it on the day and Photographer agrees, is charged at [Overtime rate per hour] per hour or part hour. A travel fee of [Travel fee (or $0)] applies and is included in the final invoice. Additional products, sessions or expenses Client requests are charged at Photographer’s then-current rates and are due on invoice. The Price excludes sales tax, which is added where applicable.
4. Copyright and Client’s Licence
Photographer owns the copyright in all photographs taken under this Contract. Photographer grants Client a non-exclusive, perpetual licence to use the delivered Images as follows: [Client’s usage rights]. "Personal use" means printing, displaying, sharing with family and friends, and posting on Client’s personal accounts with credit to Photographer where practical. "Commercial use" means use in Client’s own advertising, website and marketing material.
Client shall not sell the Images, license them to others, enter them in competitions, or submit them for publication without Photographer’s written consent, and shall not alter the Images beyond cropping and resizing, or remove any watermark or credit. Any vendor at the Shoot who wishes to use the Images shall obtain them from Photographer.
5. Model Release
Client grants Photographer the following permission to use images of Client and of Client’s family and guests taken at the Shoot: [May the photographer show the images?]. Where permitted, Photographer may display the Images in a portfolio, on a website and social media, in competition entries, in print marketing and in vendor and publication features, without further compensation, provided Photographer does not use Client’s full name in advertising without consent. Client acknowledges that Client cannot grant releases for guests, and Photographer shall obtain any release needed for commercial use of a guest’s likeness.
6. Client Cooperation
Client shall provide a schedule and, for an event, a list of requested groupings and key moments at least fourteen (14) days before the Shoot Date, and shall designate a person to help gather people for group photographs. Client shall obtain any permission the venue requires for photography and shall inform Photographer of venue restrictions. For events of six (6) hours or more, Client shall provide a meal for Photographer and any assistant. Photographer is not responsible for missed images caused by late arrivals, uncooperative subjects, venue restrictions, weather, or the conduct of guests or other vendors.
7. Exclusive Photographer; Conduct
Photographer is the exclusive professional photographer at the Shoot. Client may allow guests to take photographs provided they do not interfere with Photographer’s work. Photographer may bring assistants and second shooters at Photographer’s expense and is responsible for their work. Photographer’s style is as shown in Photographer’s portfolio, and Client acknowledges having reviewed it.
8. Rescheduling and Cancellation
Client may reschedule the Shoot once, on at least thirty (30) days’ written notice, to a date within twelve (12) months on which Photographer is available, with the Retainer and all payments transferred to the new date. A second reschedule, or a reschedule on shorter notice, is treated as a cancellation and a new booking.
If Client cancels the Shoot, the Retainer is forfeited. If Client cancels fewer than thirty (30) days before the Shoot Date, the full Price is due, because Photographer will have turned away other bookings for that date. If the Shoot cannot go ahead because of weather, illness of a Party, a government order, venue closure or another event beyond either Party’s reasonable control, the Parties shall reschedule under this Section without penalty.
If Photographer cannot perform because of illness, injury or emergency, Photographer shall make reasonable efforts to arrange a substitute photographer of comparable skill, whom Client may accept or decline. If no substitute is arranged or accepted, Photographer shall refund all amounts paid, including the Retainer, and that refund is Client’s sole remedy.
9. Limitation of Liability
Photographer shall use professional care and backs up files in the field, but if the Images are lost, damaged or unusable for any reason, including equipment failure, theft, or loss in transit or processing, Photographer’s liability is limited to a refund of the amounts paid in proportion to the Images lost, and in no event more than the Price. Neither Party is liable for indirect or consequential damages. Photographer is not liable for late delivery unless delivery is more than thirty (30) days beyond the period in Section 2 for reasons within Photographer’s control, in which case Client is entitled to a refund of ten percent (10%) of the Price.
10. General
This Contract is governed by the laws of the State of [Governing law (state)]. It is the entire agreement between the Parties about the Shoot and supersedes all prior quotes, emails and discussions. It may be amended only in a writing signed by both Parties. If any provision is held unenforceable, the rest remains in effect. Photographer is an independent contractor. The prevailing Party in any dispute arising out of this Contract is entitled to reasonable attorney fees and costs.
This Contract may be signed electronically and in counterparts, each of which is an original and all of which together are one instrument, and the electronic execution record, timestamps and document fingerprints kept by the signing platform are conclusive evidence of its execution.
Signatures
Photographer · Client