Photography Engagement Photo

PHOTOGRAPHY ENGAGEMENT PHOTOGRAPHY AGREEMENT

Parties

Photographer Name:

Client Name:

Recitals

WHEREAS, Photographer is a professional photographer engaged in the business of providing engagement photography services and possesses the equipment, experience and personnel necessary to perform such services; and

WHEREAS, Client desires to retain Photographer to provide engagement photography services for the engagement session to be held on at and Photographer is willing to provide such services on the terms set forth in this Agreement; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the engagement session, deliverables and related matters.

Scope of Work

Photographer will provide engagement photography services as described below. The specific tasks, locations, timing and deliverables will be as stipulated in this section.

Payment Terms

Client agrees to pay Photographer the fees set forth below in consideration for the services and deliverables described in this Agreement.

Balance Due: to be paid on or before . Deposits are non-refundable except as set forth in this Agreement.

Late Fee: per month on any unpaid balance after days. Client shall also be responsible for reasonable collection costs, including attorneys' fees, incurred by Photographer to collect overdue amounts.

Term, Cancellation and Termination

This Agreement commences on and continues through the completion of the Photographer’s obligations, including delivery of deliverables, unless earlier terminated as provided herein.

Cancellation by Client: Client may cancel by providing written notice to Photographer. If Client cancels more than days before the session, the deposit less reasonable expenses will be refunded. If Client cancels within days of the session, deposit is non-refundable.

Termination for Cause: Either party may terminate for material breach if the breaching party fails to cure within days after written notice. Termination does not relieve Client of payment obligations for services already performed.

Confidentiality

For purposes of this Agreement, "Confidential Information" means non-public business information and any unedited images or materials either party designates as confidential. Each party will hold Confidential Information in strict confidence and will not disclose it to third parties except as required by law or with prior written consent. This obligation will survive termination for a period of three (3) years, except that obligations with respect to unedited images remain until such images are publicly released by the owning party.

Intellectual Property and License

Photographer retains all copyrights and moral rights in the images and derivatives thereof. Photographer grants Client a non-exclusive, non-transferable, royalty-free license to use the delivered images for personal, non-commercial use (including printing and social media). Any commercial use or third-party licensing requires Photographer’s prior written permission and may be subject to additional fees.

Model Release and Promotional Use

Client hereby grants Photographer and Photographer’s agents a perpetual, worldwide license to use images of Client for Photographer’s portfolios, marketing, competitions and social media, unless Client indicates otherwise by checking the box below.

I decline promotional use by Photographer (checking this box does not affect delivery or license for personal use).

Indemnification; Limitation of Liability

Each party agrees to indemnify and hold harmless the other from liabilities arising from that party’s negligence or willful misconduct. Photographer’s total aggregate liability for any claim arising under this Agreement will not exceed the total amount paid by Client to Photographer under this Agreement. Photographer is not liable for failure to perform due to causes beyond Photographer’s reasonable control.

Governing Law; Dispute Resolution

This Agreement will be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law rules. The parties agree to attempt resolution in good faith prior to initiating litigation.

Entire Agreement

This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all prior agreements, proposals and communications, whether written or oral. Any amendment must be in writing and signed by both parties.

Miscellaneous

If any provision of this Agreement is held unenforceable, the remaining provisions shall remain in full force and effect. Notices required by this Agreement shall be sent to the contact information provided above.

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