Photography Design Photos

PHOTOGRAPHY DESIGN PHOTOS AGREEMENT

This Photography Design Photos Agreement (the Agreement) is entered into on Date: by and between Client Name: with Client Address: and Photographer Name: with Photographer Address: .

WHEREAS

WHEREAS, Client desires to engage Photographer to provide professional photography, image design, editing and related deliverables in connection with the Project described below; and

WHEREAS, Photographer represents that Photographer has the skill, experience and equipment necessary to perform the services and grant the licenses contemplated by this Agreement; and

NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:

SCOPE OF WORK

Photographer shall provide photographic and design services as detailed in the Project Description below. Services include pre-production planning, on-site shooting, post-production editing, color correction, and preparation of final deliverables in agreed formats.

DELIVERABLES

Photographer will provide final edited photographs and design files as deliverables. Final deliverables, formats and quantity:

PAYMENT TERMS

Client agrees to pay Photographer the fees and expenses described below. All amounts are stated in U.S. dollars and are payable in accordance with the schedule set forth in this section.

Client is responsible for any reasonable pre-approved expenses incurred by Photographer. Photographer will provide itemized receipts for reimbursable expenses.

TERM AND TERMINATION

This Agreement commences on Start Date: and continues until End Date: unless earlier terminated in accordance with this section.

Either party may terminate for material breach if the breach is not cured within the notice period following written notice. Termination does not affect obligations accrued prior to termination, including payment for work performed and expenses incurred.

CONFIDENTIALITY

Each party shall keep confidential all proprietary or confidential information disclosed by the other party in connection with this Agreement and shall not use or disclose such information except as necessary to perform obligations under this Agreement. Confidential information does not include information that: (a) is or becomes publicly known through no breach by the receiving party; (b) is received from a third party free to disclose; or (c) was independently developed without use of the disclosing party's confidential information.

OWNERSHIP, LICENSE AND USAGE

Photographer retains all copyright and moral rights in original photographs and design work created under this Agreement unless otherwise assigned in writing. Upon full payment of all fees due, Photographer grants Client a limited, non-exclusive, worldwide license to use the final deliverables for the following purposes and media only:

Any use beyond the scope set forth above requires additional written permission and additional fees. Client shall not alter credits or remove metadata without Photographer's consent.

REVISIONS AND ADDITIONAL WORK

Client is entitled to the revision rounds specified below. Additional revisions or services beyond the agreed Scope of Work will be billed at Photographer's standard hourly or per-project rates and must be authorized in writing.

WARRANTIES, INDEMNIFICATION, AND LIMITATION OF LIABILITY

Photographer warrants that Photographer will perform services in a professional manner consistent with industry standards. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS PARAGRAPH, PHOTOGRAPHER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. Client shall indemnify and hold Photographer harmless from any claims arising from Client's instructions, use of deliverables, or breach of this Agreement. Neither party shall be liable for consequential or incidental damages, and Photographer's aggregate liability for breach shall not exceed the total fees paid by Client under this Agreement.

INSURANCE AND SAFETY

Photographer will maintain general liability and equipment insurance as appropriate. Client is responsible for obtaining permits and ensuring safe access to locations and will indemnify Photographer for liabilities arising from Client's failure to secure permissions or maintain site safety.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of State: without regard to conflicts of law principles.

ENTIRE AGREEMENT

This Agreement, including any attachments and agreed statements of work, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. Any modification must be in writing and signed by both parties.

MISCELLANEOUS

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

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