Photography contract for general photoshoot session.
This agreement is between Inhwan Lee, hereinafter referred to as the "Photographer", operating in the State of Indiana, and the signers of this Event type photoshoot session contract, hereinafter referred to as the "Client", collectively referred to as the "Parties". The Parties complete agreement and obligations are contained within this contract.
Client Street Address
Client Zip Code
Client Phone Number
Event Type: Civil Ceremony
Event Date: 10/29/2016
Location: Indiana State House, Indianapolis
Time: 9:30 AM - 11:30 AM
Duration: 2 Hours
This agreement contains the entire understanding between the Photographer and the Client. 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 the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Scope of Work
This contract is for services and products related to a photography shoot, hereinafter referred to as the "Shoot", to take place at the following time and place.
The Photographer and the Client are to arrive for the Shoot at 9:30 AM at Indiana State House on 10/29/2016.
The Photographer agrees to edit and deliver a minimum of 40 edited photos for the Client to view after the Shoot, and is not required to provide more than this number of images. The photographer will not provide any unedited or "RAW" files. The Photographer will make every reasonable effort to correct exposure, color, tone, contrast, sharpness, and cropping of all delivered photographs to the liking of the Client. The Photographer will not selectively edit portions, remove or add people or objects, or otherwise "Photoshop" individual photographs.
Services include editing and retouching at the Photographer's discretion. An online gallery with two image sets (Original full resolution images + web-ready resized images) will be available to the Client no more than 14 days after the date of the Shoot. Client will be able to download or share the images directly from the gallery. Client's online gallery will be active/available for 2 months, and all downloads should be done within this time. Images from the session will be kept on a backup storage for 1 year, after which the Photographer cannot guarantee the retrieval of them.
In consideration for the photography services provided by the Photographer, the Client agrees to pay $150. The Photographer agrees to not advertise the availability of this same time slot to any other potential clients. The balance of the payment for photography services must be paid in full no later than 7 days after the Shoot. If the Client is failed to pay on time without a prior discussion with the Photographer, 30% of the original payment due will be charged as a late fee. The payment can be accepted via cash, Venmo, PayPal, Facebook Payment, or Chase QuickPay.
A retainer fee of $0 is required for the shoot and due by 2 weeks prior to the day of the event. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid by the agreed date.
Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least 2 days prior to the scheduled date of the event. Notification of any changes can be made by phone or email. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 2 days prior to the event. In the event of a change of address or contact information (time, etc.) as listed, the Client must notify the Photographer.
The Photographer kindly asks that the Client gets in touch with the Photographer 2 days prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
There shall be no refund of the retainer after the signing of the Agreement and the reservation of the photography date. If the event is canceled within 24 hours of the Shoot, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Client and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions.
The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to the lateness of individuals, rules, and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced.
The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client points out important individuals for informal or candid photographs to the photographer during the Shoot that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Clients are responsible for all location fees and permits.
The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the Shoot. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.
Images are edited at the Photographer’s discretion, and delivered photos may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any money paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of a total number of originals.
The Client is hereby granted permission by the Photographer to reproduce the images and make an unlimited number of prints for personal use only. This permission applies worldwide. The Client understands and agrees that the photos may not be used for commercial or editorial purposes, or entered into any photo contest without the Photographer's written permission.
The Client is authorized to share only the web-ready images on social media. Those Images have been resized and sharpened specifically for online use to control the quality of the Photographer's work. Per Copyright law, the Client is not authorized to alter or edit the images in any way, including cropping, applying “auto correct” or other filters, or adding any text.
The Federal Copyright Law protects copyright. It is unlawful to copy or scan any images without permission of the photographer. In order to control the quality of the work produced, the photographer is the only one who can crop or modify any image produced from the Shoot. Alterations of any kind are in direct violation of copyright laws. Photographer retains copyright and ownership of all images from the Shoot and reserves the right to produce images for the Photographer's portfolio, website, self-promotion, photo contests, etc. No names will be published without the Client’s specific consent.
The Client hereby consents that the photographs taken and presented by the Photographer may be used for the purpose of display, portfolio, advertising, website, social media or publication to promote the Photographer's services, provided that no names are published without specific consent from the Client. Client also agrees that the images can be used without additional compensation. The Client is either of full age and has the right to contract in his/her own name, or is acting on authority as parent or guardian of any minors being photographed.
The Parties have read all pages of this agreement, agree to all of its terms, and acknowledge receipt of a complete copy of the agreement signed by both parties. Each and every person signing as the Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this agreement.