Family Photography Session Contract

Family Photography Session Contract

Parties

Recitals

WHEREAS, Photographer is a professional photographer engaged in the business of family portraiture and related photographic services; and

WHEREAS, Client desires to engage Photographer to perform a family photography session on the terms and conditions set forth in this Contract; and

NOW, THEREFORE, in consideration of the mutual covenants herein, Photographer and Client agree as follows.

Scope of Work

Photographer will provide photographic services as described below. The parties may modify the scope in writing and signed by both parties.

Payment Terms

Client agrees to pay Photographer the fees and charges described below. All amounts are in U.S. dollars.

Late payment shall incur a late fee of and interest at a rate of on any unpaid balance, computed monthly until paid in full.

Scheduling, Cancellation & Rescheduling

Client must notify Photographer of cancellation or request to reschedule as soon as practicable. If Client cancels more than days prior to the scheduled session, Photographer will retain the deposit as an administrative fee. If Client cancels fewer than the stated notice period, Client remains responsible for the full session fee, unless Photographer rebooks the date.

In the event of inclement weather or circumstances beyond Photographer’s control, Photographer may reschedule the session at no additional fee or, at Photographer’s discretion, provide a refund of the deposit.

Term and Termination

This Agreement commences on and continues until all obligations have been performed, unless earlier terminated pursuant to this section.

Either party may terminate for material breach if the breaching party fails to cure the breach within days after written notice. Termination shall not relieve Client of the obligation to pay for services already rendered.

Delivery, Copyright & License

Photographer will deliver the agreed number and format of images as specified in Scope of Work within of the session, unless otherwise agreed in writing.

Photographer retains full copyright in all images. Upon full payment, Photographer grants Client a non-exclusive, non-transferable license for personal, non-commercial use of the delivered images. Client shall not sell, sublicense, or otherwise commercially exploit the images without Photographer’s prior written consent.

Model Release & Promotional Use

Client hereby grants Photographer permission to use photographs of Client and family for Photographer’s portfolio, marketing, social media, contests, and promotional materials, subject to Photographer’s obligation to exercise reasonable taste and discretion.

Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with this Agreement and to use such information only for purposes of performing obligations under this Agreement, except as required by law. Confidential information does not include information that (i) is or becomes publicly known through no breach of this Agreement; (ii) is received from a third party without breach of any obligation of confidentiality; or (iii) is independently developed by the receiving party.

Indemnification; Limitation of Liability

Each party shall indemnify, defend, and hold harmless the other party from and against any claims arising out of that party’s breach of this Agreement, negligence, or willful misconduct. Photographer’s liability for any claim arising under this Agreement shall not exceed the total fees paid by Client to Photographer under this Agreement. In no event shall Photographer be liable for incidental, consequential, or punitive damages.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflict of laws principles. The parties agree to attempt to resolve disputes in good faith and to submit unresolved disputes to binding arbitration in the county where Photographer’s principal place of business is located.

Entire Agreement; Amendment

This Agreement, including any attachments or written modifications signed by both parties, constitutes the entire agreement between Photographer and Client with respect to the subject matter and supersedes all prior and contemporaneous agreements and understandings. Any amendment to this Agreement must be in writing and signed by both parties.

Miscellaneous Provisions

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Photographer may assign to a successor in interest in connection with a sale of substantially all of Photographer’s assets.

Acknowledgment

Client acknowledges that Client has read this Agreement in full, understands its terms, and agrees to be bound by them. Client further acknowledges that payment of the deposit constitutes acceptance of the terms of this Agreement.

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