Photography Services Agreement

Photography Services Agreement

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

Recitals

WHEREAS, Photographer is engaged in the business of providing professional photographic services and has the skill, experience and resources to perform the services described herein; and

WHEREAS, Client desires to engage Photographer to provide photographic services for the event or project described in this Agreement and Photographer is willing to perform such services under the terms set forth below.

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

Scope of Work

Event / Session Date:    Start Time:    End Time:

Deliverables

Payment Terms

Total Fee: $. Client shall pay Photographer in accordance with the following schedule:

Late Payment: A late fee of shall apply to any unpaid balance beginning on the day after the balance due date. Client is responsible for all costs of collection, including reasonable attorney fees.

Expenses and Additional Charges

Client will reimburse Photographer for reasonable, pre-approved out-of-pocket expenses incurred in connection with the services, including but not limited to travel, permits, parking, lodging, and specialist rentals. Estimated additional expenses: $.

Change Orders

Any material changes to the scope of work, schedule, or deliverables requested by Client shall be documented in a written change order and signed by both parties. Additional time and fees resulting from change orders shall be Client's responsibility.

Term and Termination

Term: This Agreement commences on the Effective Date and shall continue until all services and deliverables have been provided, unless earlier terminated as set forth herein. Anticipated completion date: .

Termination: Either party may terminate this Agreement for material breach that remains uncured for days after written notice. If Client cancels after Photographer has reserved the date and/or performed work, Client forfeits the deposit and may be liable for additional fees.

Confidentiality

Each party shall keep confidential all non-public business information of the other party disclosed in connection with this Agreement and shall not disclose such information except as required by law. Confidential information does not include information that is or becomes public through no fault of the receiving party.

Intellectual Property and License

Photographer retains all copyright and moral rights in the images (Photographs) created under this Agreement. Photographer grants Client a non-exclusive, non-transferable license to use the delivered Photographs for the purposes expressly agreed in this Agreement: .

Any commercial use beyond the licensed uses requires a separate written license and fee agreement. Client may not alter credits or remove Photographer's attribution where attribution is reasonably feasible.

Photographer shall obtain releases from subjects and property owners as required. Client represents that Client has obtained any necessary releases for third parties known to Client and will indemnify Photographer for claims arising from Client's failure to do so.

Indemnification and Limitation of Liability

Client shall indemnify and hold Photographer harmless from claims, liabilities and expenses arising from Client's breach of this Agreement or misuse of the Photographs. Photographer's liability for any claim arising under this Agreement shall be limited to direct damages not to exceed the amount paid by Client to Photographer under this Agreement. In no event shall Photographer be liable for consequential, incidental, or punitive damages.

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 principles.

Entire Agreement

This Agreement, together with any signed change orders and attachments, constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior negotiations, representations, and agreements, whether written or oral. Any modification of 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 continue in full force and effect. Neither party may assign this Agreement without the prior written consent of the other, except that Photographer may assign rights to a successor in interest.

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