Photography Photographic Record

Photography Photographic Record and Services Agreement

Parties

Photographer:

Client Name:

Recitals

WHEREAS, Photographer is engaged in the business of professional photographic services and possesses the technical skills, equipment, and expertise necessary to create digital and/or physical photographic works; and

WHEREAS, Client desires to retain Photographer to create photographic images and maintain a photographic record of the Deliverables described herein, and Photographer agrees to provide such services under the terms and conditions of this Agreement; and

WHEREAS, the Parties intend that the photographic record shall document image capture metadata, usage restrictions, and delivery status for the protection of both Parties' rights and obligations.

Scope of Work

Event/Project Name:

Scheduled Shoot Date(s):

Photographic Record (Image Log)

Record each captured image or file group. Maintain a copy of this record with final deliveries.

Payment Terms

Total Fee:

Late Payment Fee:

Term and Termination

Agreement Start Date:    Agreement End Date (if applicable):

If either Party materially breaches this Agreement and fails to cure such breach within the notice period specified above, the non-breaching Party may terminate this Agreement immediately and pursue any remedies available at law or in equity.

Intellectual Property and Usage

Unless otherwise agreed in writing, Photographer retains copyright in all images produced. Photographer grants Client a non-exclusive, non-transferable license to use delivered images for the purposes and duration set forth below.

Confidentiality

Each Party agrees that any non-public business, technical, creative, or financial information disclosed by the other Party in connection with this Agreement is confidential. Confidential information does not include information that (i) is or becomes publicly available through no fault of the receiving Party, (ii) is rightfully received from a third party without breach of an obligation of confidentiality, or (iii) is independently developed without use of the disclosing Party's confidential information.

The receiving Party shall use the same degree of care to protect the disclosing Party's confidential information as it uses to protect its own confidential information, but in no event less than reasonable care.

Model Release and Permissions

Client affirms that all necessary permissions and releases for subjects and locations have been obtained prior to delivery. Photographer may obtain model releases directly where applicable. Indicate below if Photographer is authorized to secure releases on Client's behalf.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of: without regard to its conflict of laws provisions.

Indemnification

Each Party shall indemnify and hold harmless the other Party from and against any claims, liabilities, losses, damages, and expenses (including reasonable attorneys' fees) arising out of the indemnifying Party's breach of this Agreement, negligence, or willful misconduct in connection with the services or use of images, except to the extent caused by the indemnified Party's negligence or willful misconduct.

Entire Agreement

This Agreement, including the photographic record completed herein and any attached addenda or special terms signed by the Parties, constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. Any amendment must be in writing and signed by both Parties.

Notices

Notices required by this Agreement shall be delivered in writing to the addresses listed above and shall be deemed given upon personal delivery, confirmed email transmission, or three business days after deposit in the mail with first-class postage pre-paid.

Acknowledgment

By signing below, the Parties acknowledge that they have read, understand, and agree to be bound by all terms and conditions contained in this Agreement and that the photographic record included herein accurately reflects captured materials and agreed usage restrictions as of the date of signature.

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