1. Scope of Work:
PHOTOGRAPHER and CLIENT are to arrive for the PHOTOSHOOT at the agreed time and location.
Refer to the invoice for details regarding products, inclusions, and fees.
2. Retainer and payment:
Upon your payment, PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other
reservations for that time and date. The CLIENT shall make a non-refundable retainer of 50% to the
PHOTOGRAPHER to perform the services specified in the invoice.
Upon payment, PHOTOGRAPHER will reserve the time and date agreed upon by both parties exclusively for you.
The full amount + any agreed upon additional travel fees must be paid at least 24 hours prior to the date of
PHOTOSHOOT. No services will be made until full payment is made. In the event that payment is dishonored
after payment has been made, no photos shall be released until a substitute full payment is made and clear funds
have been received. Exception: Cash is accepted in person - the amount must pay the remainder of your invoice prior to any photos being taken.
3. Work Product:
All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available
for download no later than 10 business days after the shoot date. Photos will be delivered as high-resolution JPEG files in an
online gallery. RAW files will not be provided. When the online gallery is delivered, it shall remain open for 30 days
from delivery date. Requests for changes to photos/editing must be requested within14 days of delivery and may
be subject to added fees (for added editing time). Be advised that RAW files may be destroyed at any time after the online gallery has
closed. The CLIENT may download images from the online gallery for personal use only. Downloaded images must
not be reproduced in any form including for the purpose of being submitted to contests, reproduced for
commercial use or in any other form other than as provided for in this agreement or with the express written license
of the PHOTOGRAPHER.
4. Rescheduling/Late Arrivals:
4.1 - In the event that the Client requests to reschedule its session on account of illness, emergency, act of God or
any cause outside its control, the retainer (or full amount) will be applied to a rescheduled session provided that notice is given at
least 3 days prior to the scheduled PHOTOSHOOT (or reasonable notice in the case of an emergency).
4.2 - Requests to reschedule by Clients for any reason other than a reason under clause 4.1 is at the discretion of
4.3 - An additional $50 rescheduling fee must be paid by the Client on making a rescheduling request and
PHOTOGRAPHER will be entitled to retain all amounts paid under this contract until the rescheduled
PHOTOSHOOT. This only applies to anything NOT covered in clause 4.1.
4.4 - The rescheduled session must be within 2 weeks of the original session date (or a longer period as agreed by
PHOTOGRAPHER and Client ) and is subject to the availability of PHOTOGRAPHER. Any Client that
is late arriving to the session will have the remaining amount of time allotted for the session. All additional time
beyond the scheduled end time will be billed to the Client .
If Client cancels this agreement, giving less than 24 hours notice prior to the date of the PHOTOSHOOT or fails
to show on time, all payments made to PHOTOGRAPHER will be forfeited and released to PHOTOGRAPHER
6.1 - PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any
specific moment or pose or person(s) during the PHOTOSHOOT. The PHOTOGRAPHER is not responsible for
compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to
obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect
addresses provided to the PHOTOGRAPHER, restrictions of the locations.
6.2 - Unless specifically requested in writing prior to the commencement of the PHOTOSHOOT, the
PHOTOGRAPHER is not responsible under this agreement: for backgrounds or lighting conditions which may
negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for
failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT.
6.3 - If PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire,
casualty, strike, unsafe environment, threat, act of God or any cause outside its control: PHOTOGRAPHER will
make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this
contract for the price agreed in this contract if the PHOTOGRAPHER is unable to perform services;
PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this
6.4 -PHOTOGRAPHER reserves the right to substitute with another photographer in the case of failure to
perform as stated above. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and
does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of
comparable quality and professionalism.
6.5 - If PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions,
including but not limited to camera and processing, or otherwise lost or damaged without fault of the
PHOTOGRAPHER, the PHOTOGRAPHER will not be liable for any consequential loss arising from the nondelivery,
and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to
the PHOTOGRAPHER under this Agreement.
6.6 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos
from this PHOTOSHOOT 14 days after the online gallery has been delivered to CLIENT. CLIENT will have 14
days after gallery delivery to make PHOTOGRAPHER aware of any issue, discrepancy, technical problem or any
other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 14-
day term has expired, PHOTOGRAPHER will no longer be liable to CLIENT for any corrections, damages,
refunds, re-edits or re-shoots. Re-edits after this term may be made by PHOTOGRAPHER if requested by
CLIENT but the hourly fee of $100 per hour for retouching will be billed with a minimum of one hour
6.7 – CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any and all personal injury which
may occur during the course of the photography session and the immediately surrounding PHOTOSHOOT
(including any personal injury arising from or connected with any negligent act or omission on the part of
6.8 – CLIENT agrees to indemnify PHOTOGRAPHER and keep it harmless from and against all losses and
claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis),
contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this
6.9 – PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the
6.10 - The final post production and editing styles, effects, and overall look of the images are left to the discretion
of the PHOTOGRAPHER.
6.11 PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the PHOTOSHOOT
if the photographer experiences inappropriate, threatening, hostile or offensive behavior from anyone at the
PHOTOSHOOT; or in the event that the safety of the photographer is in question. If PHOTOGRAPHER leaves
the PHOTOSHOOT in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount
to CLIENT, but will be obliged to provide CLIENT with photographs taken by PHOTOGRAPHER prior to
PHOTOGRAPHER leaving the PHOTOSHOOT.
7. Timeline and Schedule:
7.1 The client agrees to confirm the schedule 48 hours prior to the PHOTOSHOOT (exceptions to mini-sessions). Notification of any changes
in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the
PHOTOGRAPHER by the CLIENT. The PHOTOGRAPHER is not responsible for creating or managing the
timeline on the day.
8. Permissions and permits:
**If you as the client choose the location for your session...**
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT.
PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties,
national parks or other locations. CLIENT understands and agrees that any failure to obtain these permissions
resulting in fines to the photographer, or which prevent the PHOTOGRAPHER from photographing the
PHOTOSHOOT is not the fault, liability, or responsibility of the PHOTOGRAPHER and CLIENT agrees: To pay
to the PHOTOGRAPHER an amount equal to any fine which may be imposed upon PHOTOGRAPHER as a
result of the CLIENT’s failure to obtain any required permission; and not to make any claim (including a claim for
the repayment of any money paid under this agreement) arising out of or connected with any failure on the part of
CLIENT to obtain any required permission.
9. Exclusive Photographer:
CLIENT agrees and understands that no other party other than PHOTOGRAPHER and the
PHOTOGRAPHER'S assistant may take pictures of any poses, lighting situations, or setups made by the
PHOTOGRAPHER. This slows down the PHOTOGRAPHER’S work and violates the PHOTOGRAPHER’S
intellectual property in the composition of pictures of the PHOTOSHOOT. CLIENT agrees to do all things
reasonably requested by PHOTOGRAPHER to ensure that no person(s) get in the way of the
PHOTOGRAPHER or take pictures in these situations.
10. Copyright and Model Release:
PHOTOGRAPHER shall own the copyright in all images created and shall have the exclusive right to make
reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial
submissions and use, or for display within or on the Photographer’s website, social media and/or studio. CLIENT
releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by
PHOTOGRAPHER which is consistent with this agreement.
If the PHOTOGRAPHER desires to make other commercial uses of the images to promote the commercial
interests of any business other than the PHOTOGRAPHER’s own business, the PHOTOGRAPHER shall not do
so without first obtaining the written permission of the CLIENT. It is understood that any duplication or alteration
of original images is strictly prohibited without the written permission of the PHOTOGRAPHER
11. Social Media and Personal Use License.
In consideration of the payment of monies due under this agreement, PHOTOGRAPHER grants CLIENT a
perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by
the PHOTOGRAPHER as follows:
1. CLIENT may share the web or high res photos delivered by the PHOTOGRAPHER on CLIENT’s personal and
business social media accounts, provided that in each such post CLIENT must credit/tag PHOTOGRAPHER.
2. This license does not permit CLIENT to screenshot poor quality images, or edit or alter photos in any way, or to
do any other act which would infringe PHOTOGRAPHER’S moral rights.
3. CLIENT may print web or high res photos delivered by the PHOTOGRAPHER or downloaded from the photo
gallery for their personal use, and:
a: must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;
b: must not use the printed photos for advertising or commercial purposes; and
c: must not submit or enter the photos into any competition.
12. Photographers rights to images
All images captured during the PHOTOSHOOT are the intellectual property of the PHOTOGRAPHER. This gives the PHOTOGRAPHER the right to post, advertise, edit, composite, print, or anything else the PHOTOGRAPHER deems fit for the photos taken during any PHOTOSHOOT.
As stated previously - it is at the discretion of the PHOTOGRAPHER to which photos are edited and delivered and at no time are the RAW files given.
13. Pricing & Additional Products:
Services or merchandise not included in this initial contract will be sold at the current price when the order is
placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and
may only be applied toward products or services purchased.
I confirm that I have read and understood this contract, and I agree to enter into this contract.