Photography and Film Services Contract

PHOTOGRAPHY AND FILM SERVICES CONTRACT

This Photography and Film Services Contract (the "Agreement") is entered into as of by and between Client Name: and Service Provider Name: .

RECITALS

WHEREAS, Client desires to retain Service Provider to provide professional photography and/or film production services in connection with the project described below; and

WHEREAS, Service Provider has the expertise, personnel, equipment, and licenses required to perform the Services in a professional manner; and

WHEREAS, the parties wish to set forth the terms upon which Services will be performed, fees paid, and intellectual property rights allocated.

NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:

1. SERVICES

1.1 Scope. Service Provider shall provide photography and/or film services as described in the Project Description below (the "Services"). Service Provider will provide the personnel, equipment, materials, and technical expertise necessary to perform the Services in accordance with industry standards.

2. TERM AND SCHEDULE

2.1 Event Date(s). The Services shall be performed on the date(s) set forth below and at the location specified.

Date(s):   Location:

2.2 Schedule. Service Provider will arrive at the location at the time agreed in writing. Any subsequent change to scheduled times requires written agreement and may incur additional fees.

3. FEES AND PAYMENT

3.1 Fees. Client shall pay Service Provider the total fee set forth below for the Services. Fees do not include travel, lodging, production expenses, or permits unless expressly stated.

3.2 Payment Terms. Unless otherwise agreed in writing, deposit is due upon execution of this Agreement to reserve Service Provider's time. Remaining balance is due per the Balance Due (date) above. Late payments bear interest at 1.5% per month or the maximum permitted by law, whichever is less.

4. EXPENSES AND SUBCONTRACTORS

4.1 Additional Expenses. Client shall reimburse reasonable pre-approved expenses incurred by Service Provider for travel, lodging, parking, location fees, permits, and equipment rental upon presentation of receipts.

4.2 Subcontractors. Service Provider may engage qualified subcontractors at its discretion. Service Provider remains responsible for compliance with this Agreement.

5. DELIVERABLES; INTELLECTUAL PROPERTY

5.1 Deliverables. Service Provider will deliver the media specified below in the agreed format and within the delivery timeframe set forth. Delivery dates are estimates and subject to reasonable delays.

5.2 Ownership and License. Unless the parties expressly agree in writing to an assignment, Service Provider retains copyright in all original photographs, footage, raw files, and other works created (the "Works"). Service Provider grants Client a non-exclusive, non-transferable license to use final edited deliverables for the purposes specified below.

5.3 Additional Uses. Any uses beyond the Permitted Uses require prior written license and additional compensation. Client may not alter or remove Service Provider credit where reasonably possible.

6. CLIENT OBLIGATIONS

6.1 Cooperation. Client shall provide access to locations, timely approvals, information, and personnel necessary for Service Provider to perform. Failure to provide required cooperation may result in rescheduling or additional fees.

6.2 Model and Location Releases. Client shall obtain and deliver to Service Provider all necessary releases, permissions and consents from talent, property owners, and venues. If Client fails to obtain necessary releases, Client indemnifies Service Provider for resulting claims.

7. CANCELLATION, RESCHEDULING, AND FORCE MAJEURE

7.1 Cancellation by Client. If Client cancels, Service Provider shall retain the deposit as liquidated damages. Cancellations within seven (7) days of the scheduled Services may require payment of up to the full remaining fee to compensate for lost bookings.

7.2 Force Majeure. Neither party will be liable for failure to perform due to causes beyond its reasonable control, including acts of God, government action, pandemic, or labor disputes. Affected party will notify the other promptly and seek to reschedule.

8. INSURANCE AND INDEMNIFICATION

8.1 Insurance. Service Provider shall maintain general liability insurance appropriate to the Services. Upon request, Service Provider will provide a certificate evidencing coverage.

8.2 Indemnity. Each party shall indemnify, defend, and hold harmless the other from claims, liabilities, damages, and expenses (including reasonable attorney's fees) arising from breaches of representations, willful misconduct, or negligence by the indemnifying party.

9. WARRANTIES; LIMITATION OF LIABILITY

9.1 Warranties. Service Provider represents that it will perform Services in a professional manner consistent with industry standards. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED.

9.2 Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND SERVICE PROVIDER'S AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT UNDER THIS AGREEMENT.

10. CONFIDENTIALITY

10.1 Confidential Information. Each party shall keep confidential non-public information disclosed by the other and shall not use such information except to perform obligations under this Agreement. Confidentiality obligations do not apply to information that is public or independently developed.

11. NOTICES

Notices related to this Agreement shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail to the addresses below or to such other address as a party may designate in writing.

12. MISCELLANEOUS

12.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state specified below without regard to its conflict of law principles.

12.2 Entire Agreement. This Agreement, including any attachments or addenda signed by the parties, constitutes the entire agreement between the parties and supersedes all prior agreements and understandings relating to the subject matter herein.

12.3 Amendments and Waiver. Any amendment or waiver must be in writing and signed by both parties. No failure or delay in exercising any right shall operate as a waiver.

12.4 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one instrument. Electronic signatures or delivery of a signed copy by electronic means shall be binding.

EXECUTION

The parties have executed this Agreement as of the date first written above.

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