Photography Headshot Contract

PHOTOGRAPHY HEADSHOT CONTRACT

This Photography Headshot Contract is entered into on this day of , by and between Photographer Name: ("Photographer") and Client Name: ("Client").

WHEREAS

WHEREAS, Photographer is engaged in the business of professional portrait and headshot photography and possesses the skill, equipment and personnel required to perform the services described herein; and

WHEREAS, Client desires to retain Photographer to create professional headshot images for Client's business and personal use under the terms and conditions set forth in this Agreement; and

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to the creation, delivery, use and ownership of the headshot images produced pursuant to this Agreement.

SCOPE OF WORK

Deliverables shall include the number of final retouched digital images, file formats, and any in-studio or on-location make-ready time as set forth above or as otherwise agreed in writing. Any additional services outside the Scope of Work will require a separate written agreement or amendment and additional fees.

PAYMENT TERMS

Unless otherwise agreed, the retainer is due upon execution of this Agreement to reserve the booking date. Final payment is due prior to delivery of final digital files. All fees are non-refundable except as expressly provided in the Term and Termination section below.

Client shall be responsible for all reasonable collection costs, including legal fees, for unpaid balances. Payments shall be made in the currency specified in this Agreement.

TERM AND TERMINATION

Commencement Date: .

Termination Date: .

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within the notice period specified above. In the event of termination by Client without cause, Client remains responsible for fees due for work performed and reasonable reliance damages including the retainer.

DELIVERY OF FILES; RETENTION

Photographer will deliver final edited files in the formats and quantities specified in the Scope of Work within the timeframe above following final payment. Photographer retains original files and negatives and may retain copies for archival purposes unless otherwise agreed in writing.

CONFIDENTIALITY

Each party agrees to maintain in confidence any non-public information disclosed by the other party in connection with this Agreement that reasonably should be understood to be confidential. Confidential information does not include information that (a) becomes publicly available through no fault of the recipient; (b) was known to the recipient prior to disclosure; (c) is independently developed by the recipient; or (d) is rightfully received from a third party without a duty of confidentiality. Confidentiality obligations survive termination of this Agreement for a period of three (3) years.

LICENSE, COPYRIGHT AND USAGE

Photographer retains all copyrights in the images produced under this Agreement. Upon full payment, Photographer grants Client a non-exclusive, non-transferable license to use the final delivered headshots for Client's professional, marketing, and personal use as specified in this Agreement. Any use beyond the license granted (including sale, sublicensing or use in a manner not contemplated at the time of license) requires Photographer's prior written consent and may be subject to additional fees.

Use on Client websites and social media accounts

Use in printed marketing materials and business collateral

Use in editorial or news contexts

MODEL RELEASE AND PROMOTIONAL USE

Client hereby grants Photographer permission to use Client’s likeness in Photographer's portfolio, website, social media, marketing materials and self-promotional displays unless Client selects the opt-out checkbox below.

Client opts out of Photographer's promotional use of images

CANCELLATION AND RESCHEDULING

If Client cancels the scheduled session more than fourteen (14) days prior to the session date, Photographer will retain the retainer as liquidated damages. If Client cancels within fourteen (14) days of the session date, Client shall be responsible for 50% of the remaining balance. Rescheduling requested by Client more than seven (7) days prior to the session date will not result in additional fees; rescheduling within seven (7) days may be subject to a fee.

INDEMNIFICATION; LIMITATION OF LIABILITY

Each party shall indemnify and hold the other harmless from and against any claims, liabilities, losses or expenses (including reasonable attorneys' fees) arising out of the indemnifying party's breach of this Agreement or its negligent acts or omissions. Photographer's liability for any claim arising out of or relating to this Agreement shall be limited to the total amount paid to Photographer by Client under this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state identified above, without regard to its conflict of law principles.

ENTIRE AGREEMENT

This Agreement, together with any attachments or addenda executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous understandings and agreements, whether written or oral. Any amendment or modification to this Agreement must be in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Headings are for convenience only and do not affect interpretation.

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