Photography Photoshoot Agreement

PHOTOGRAPHY PHOTOSHOOT AGREEMENT

This Photography Photoshoot Agreement (the Agreement) is made and entered into as of (Effective Date), by and between:

RECITALS

WHEREAS, Photographer is engaged in the business of professional photography and has the skill and experience to provide photographic services; and

WHEREAS, Client desires to retain Photographer to perform a photoshoot on the terms set forth in this Agreement and Photographer is willing to provide such services subject to the terms and conditions herein; and

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

1. SCOPE OF WORK

Photographer will provide professional photography services as described below. The Scope of Work shall include specified deliverables, location(s), and any special requirements. Deviations from the Scope of Work must be agreed in writing by both parties and may incur additional fees.

2. PAYMENT TERMS

Client agrees to pay Photographer the fees set forth below in consideration for performance of the Scope of Work. All fees are exclusive of applicable taxes unless otherwise stated.

Client shall be responsible for reimbursing Photographer for reasonable additional expenses incurred with prior written approval, including but not limited to travel, parking, permitting, or special equipment.

3. TERM AND TERMINATION

This Agreement commences on and continues until completion of the Scope of Work, but no later than , unless earlier terminated as provided herein.

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within the notice period above. Termination by Client without cause after work has commenced shall not relieve Client of obligation to pay for services rendered and non-refundable deposits.

4. CONFIDENTIALITY

Each party shall hold in confidence all proprietary or confidential information of the other party learned in connection with this Agreement and shall not disclose such information to third parties without prior written consent, except as required by law. Confidential information does not include information that is or becomes publicly known through no breach of this Agreement, or which is independently developed by the receiving party.

5. INTELLECTUAL PROPERTY AND USAGE RIGHTS

Photographer retains all copyrights and moral rights in the photographs produced under this Agreement unless otherwise expressly and separately assigned in writing. Subject to full payment of all amounts due, Photographer grants Client a limited, non-exclusive, non-transferable license to use the delivered images for the purposes described below.

Personal/non-commercial use

Commercial use (advertising, promotion)

Editorial/publication use

Photographer may use images for portfolio, self-promotion, and marketing unless Client has checked the box below and paid any required additional fee for restrictions.

Client requests restriction of Photographer's promotional use (additional fee may apply)

6. MODEL RELEASE

Client hereby grants Photographer and Photographer's agents the irrevocable right to use any images for which Client has granted usage permission, for promotional and portfolio purposes unless otherwise restricted above. If Client requires a separate model release for subjects, it shall be obtained prior to the shoot and provided to Photographer.

Client confirms any necessary model releases have been or will be obtained prior to the shoot

7. INDEMNIFICATION; LIMITATION OF LIABILITY

Each party shall indemnify and hold harmless the other from claims arising from its negligence or willful misconduct. Photographer's liability for any claim arising from this Agreement shall be limited to direct damages and in no event shall Photographer be liable for consequential, incidental, or punitive damages. Client acknowledges that photographic work is an artistic service and results and color tonality may vary.

8. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform caused by events beyond the reasonable control of such party, including but not limited to acts of God, severe weather, pandemics, labor disputes, or governmental actions. In such event parties will attempt to reschedule mutually acceptable dates.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles. Venue for any dispute arising under this Agreement shall be the state or federal courts located in that state.

10. ENTIRE AGREEMENT; AMENDMENT

This Agreement, together with any written attachments executed by the parties, constitutes the entire agreement between the parties relating to the subject matter hereof and supersedes all prior discussions, representations, or agreements. Any modification or amendment to this Agreement must be in writing and signed by both parties.

11. MISCELLANEOUS

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

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