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Photography Contract

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Prepared for:
[Client Name]

Prepared by:
[Photographer Name]

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Photography Contract

This Photography Contract (hereinafter referred to as the "Contract") is entered into and shall be effective as on [Date] (hereinafter referred to as the "Effective Date")

By and Between

[Photographer Name] (hereinafter referred to as the “Photographer”), having its principal place of business at [Address], and;

[Client Name] (hereinafter referred to as the “Client”), residing at [Address].

The Photographer and the Client are collectively referred to as the "Parties" and individually as "Party".

WHEREAS the Client desires to hire a Photographer for the occasion of [Anniversary/Babyshower/Wedding Ceremony/Photoshoot/Mention any other occassion] (hereinafter referred to as the "Event") which will be held on the [Event Date] at [Event Location];

AND WHEREAS the Photographer is an expert in photography and agrees to provide the services to the Client;

NOW, THEREFORE, in consideration of the mutual covenants and commitments contained herein, the Parties do hereby agree as follows:

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Terms and Conditions

1. Event Description

The Client intends to conduct the Event on [Event Date] and requires a Photographer. The Photographer has agreed to render the photography services to the Client. The details are as follows:

Event Date: [Event Date]
Event Location: [Event Location]
Estimated Start Time: [Time]
Estimated End Time: [Time]
[Additional Information]

2. Photographer's Responsibilities 

During the term of this Contract, the Photographer is responsible for the following responsibilities:

[Deciding/Suggesting on the poses]
[Photography style]
[Providing digital copies]
[Providing photo album]
[Add more such responsibilities]

The Photographer shall commit [No. of Hours] to cover the Event.

3. Client's Responsibilities 

The Client agrees to provide all the necessary information, which shall assist the Photographer to perform the services. The Client further agrees to provide or reimburse for travel, accommodation, and meals.

4. Time is of the Essence

Photographer acknowledges that time is of the essence for the performance of all services mentioned herein the Contract. 

5. Bookings

All the bookings, deposits, and appointments made by the Client for services rendered by the Photographer shall be made [Mention the time period] before the [Date]. The Client then shall have [number of days] days to give a written list of the photographs required for final production and delivery, including format.

6. Payment

The Photographer shall charge a total amount of $[0.00] for rendering the services to the Client. Upon signing the Contract, the Client shall deposit an initial amount of $[0.00]. This deposit is non-refundable.

Upon the completion of the services, if the payments are not made within [Number of Days], the Photographer shall consider the Client in breach of this Contract and shall claim a late penalty of $[0.00]. 

The Photographer agrees that the total amount is inclusive of all expenses such as accommodation, travel, meal, and any other expenses incurred by the Photographer in regards to this Contract. The mode of payment shall be [Cash/cheque/credit card] or any other payment mode as mutually agreed by the Parties.

7. Additional Hours

If additional hours are required that are beyond the agreed-upon time in this Contract, the Photographer shall charge an amount of $[0.00] per hour to the Client. Further, if the Client requires additional services then the Photographer shall charge an additional amount of $[0.00].

8. Deliverables

The Photographer shall provide copies of the photography services rendered to the Client within [Time Period] from the date of completion of services. The Client then shall have [number of days] days to give a written list of the photographs required for final production and delivery, including format.

9. Post Production and Editing

The final post-production and editing styles, effects, and overall look of the photos are left to the discretion of the Photographer. 

10. Postponement and Rescheduling

The Client acknowledges that in case there is a Postponement of the Event, the Client shall inform the Photographer in writing about the rescheduling of the time, date, or location of the Event no later than [Number of Days] days prior to the Event. 

The Photographer may reschedule the Event if the Photographer is unable to deliver the service as set forth in this Contract due to an injury, illness, or bad weather and shall work with the Client’s schedule to reschedule as soon as possible.

11. Warranties

The Client acknowledges that the Photographer cannot warrant certain poses or coverage quality.
The Client further acknowledges that the Photographer shall not be held responsible for compromised coverage due to interference from the guests or due to environmental issues, such as poor lighting, space, or backdrops.
The Client accepts that the Photographer shall be given priority in taking photos over guests with cell phone cameras or other devices.
The Photographer warrants that the photos shall not infringe upon any third party’s patents, trademarks, trade secrets, copyrights, or other proprietary rights.
The Photographer agrees to make every effort to provide satisfactory coverage, but cannot make any promises as to specific poses or coverage during the Event.
The Photographer warrants that it shall provide services and meet its obligations under this Contract in a timely and efficient manner.

12. Term

This Contract shall start on the [Date] and shall continue until the termination or completion of the services.

13. Termination

This Contract may be terminated by either Party as follows:

Upon [Number of Days] days prior written notice to the other Party, with or without cause
Upon the breach of any terms mentioned herein the Contract 
Upon completion of the services and full payment by the Client

14. Confidentiality

During the term of this Contract, the Client shall share all the necessary information related to the services with the Photographer. Such information shall be considered confidential, and the Photographer shall not disclose any of the shared information, at any time to third parties, without the written consent of the Client.
Upon completion of the services and/or termination of this Contract, the Photographer shall return all such information to the Client promptly. 

15. Limitation of Liability

If the Client has any claim or cause of action against the Photographer, whether arising in tort or contract, the Client’s recovery and the Photographer’s liability is limited to the total amount paid by the Client to the Photographer under this Contract, and the Photographer shall have no further liability to Client.

16. Indemnification

Both parties agree to indemnify and hold each other harmless for any losses, damages, or liabilities, without limitation. This section remains in full force and effect even after the termination of the Contract.

17. Relationship of Parties

The Client is hiring the Photographer as an Independent Contractor under this Contract. The Client and the Photographer shall not establish any partnership, joint venture, or employer-employee relationship.

18. Copyright Ownership

The Photographer retains the full copyright to the photos resulting from this Contract. The Client, however, shall receive a non-exclusive, non-transferable license to use the photos for unlimited personal use only, upon completion of the payment. Furthermore, the Client shall obtain written permission from the Photographer prior to publishing or selling the photographs.

19. Arbitration

In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] which shall be appointed by [Party(s) Name]. The place of Arbitration shall be [Venue of Arbitration] and Seat shall be [State]. The Arbitrators’ decision shall be final and will be binding upon both Parties.

20. Miscellaneous

Assignability: Neither Party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written approval of the other Party which shall not be unreasonably withheld.
Notices: Any notice required to be given to the Photographer shall be delivered by certified mail, personal delivery, or overnight delivery paid for by the Client.
Force Majeure: Neither Party shall be liable for any failure in performance of the obligation under this Contract due to cause beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
Modification: No modification of this Contract shall be made unless in writing, signed by both Parties.
Severability: If any term, clause, or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, all other terms will remain in full force and effect, until the contract termination.
Governing Law and Jurisdiction: This Contract shall be governed following the laws of the [State/Court/Region]. If the disputes are not resolved by arbitration, it shall be resolved by litigation in the courts of the [State/Court/Region] including the federal courts therein. The Parties consent to the jurisdiction of such courts and agree to accept service of process by mail and hereby waive any jurisdictional or venue defenses otherwise available to it.
Legal and Binding Contract: This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding in the [State/Court/Region]. The Parties each represent that they have the authority to enter into this Contract.
Entire Contract: This Contract constitutes the entire understanding of the Parties, and revokes and supersedes all prior contracts between the Parties, and is intended as a final expression of their Contract. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Contract. This Contract shall take precedence over any other documents which may conflict with this Contract.

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Acceptance and Signature

The Parties signing this Contract represent and warrant that they are duly authorized and have the legal capacity to execute and deliver this Contract. 

[Photographer Name]

[Client Name]

Signature

Assign signer 1

Name

Assign signer 1

Date

Assign signer 1

Signature

Assign signer 2

Name

Assign signer 2

Date

Assign signer 2

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DISCLAIMER: Revvsales, Inc is not a law firm. The content provided herein is for general information purposes only, and does not constitute legal advice. Revvsales, Inc and its partners make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information mentioned hereunder. The use or reliance of any information contained herein is for your personal use and solely at your own risk. You agree to fully release and indemnify Revvsales, Inc from any liability associated with the use of this content. You are advised to obtain independent legal advice before taking or refraining from any action on the basis of the content provided here.

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What should a photography contract include?

Before signing a contract, the photographer and the client should know about their rights and the terms and conditions mentioned in the contract. Having a brief knowledge of the rights will help both parties set their expectations. However, to draft a contract, both parties should have specific information in place, such as:

Complete details of both parties like names and contact information for text messages and calls
The effective and termination date of the contract
Brief description of each party's responsibilities
Transfer of ownership
Payment terms

Why a photographer must have a photography contract?

Nowadays, photographers are in high demand; every event and ceremony mandatorily have a professional photographer capture these moments through their lens. Providing photography services for an event or a gig can be overwhelming, but, if things go wrong, major issues (such as blurry or poor-quality photos) can take place, putting the photographer's reputation at stake. Yet, many photographers still find it difficult to create contracts and choose to work without this legal contract just to avoid all the paperwork hassles.

But, a photography contract is an essential tool for professional photographers before taking up projects. As it consists of the right terms and conditions that safeguard both the photographer and the client from lawsuits.

What is a photography contract?

A photography contract (also known as a photographer contract) is a legal document signed between the photographer and the client (such as a company or a model or a customer, or other parties) who wants to avail of photography services. It gives a complete outline of the roles and responsibilities both parties will be having during the period of the contract.

Do you need a photography contract?

With a contract in hand, the client gets clarity and makes sure that the photoshoot expectations are met, and the photographer gets clarity on the payment terms. Below are a few benefits of signing a contract:

Sets expectation: A contract makes room to set certain terms and expectations that both parties abide by. Here each party gets to know their roles and responsibilities and how they should keep up with them.
Acts as a reference: It leaves no room for ambiguity and works as a reference to sort out any misunderstandings or issues.
Protects business: The contract gives legal protection to both the photographer and the client. For instance, if a photographer fails to provide the client with the agreed number of photographs, this might jeopardize the client and his/ her business. With a contract in hand, the client can take any legal action. Similarly, if the photographer has delivered the work and the client denies paying for it, this can be challenging for the photographer to meet his needs (payment for the equipment and associates). A contract (or a written agreement) in hand will help the photographer to take any legal advice.

What are the different types of photography contracts?

A contract showcases how legitimate and professional a photographer is and makes sure that the project is completed on time. However, a photography contract differs based on the photoshoot requirements. Below is the list of photography contracts that every photographer should have:

Model release photography agreement: This contract is signed between a model and the photographer. Under this contract, the photographer will have the right to use the model's photographs or portfolio for his/ her photography business. The model signs the model release contract (also referred to as the model release form), but if the model is a minor (less than 18 years of age), the parent or guardian signs it.
Photo session agreement: It is a contract between a photographer and a record label. When a record label wants to launch a new music album, they want photos of the musician or the artist, which can be used on album cover pages or posters. For this, the record label hires a photographer to take pictures of the music artist.
Rights to photos: Once the photographs are taken, the photographer must provide ownership rights to the client to use these photographs for their business. The client can use these photos for their social media, television ads, or anywhere they want.
Property release: Many photographers use props in their photography, such as cars, antiques, etc. Sometimes they even do photoshoots on other people's property or land. This contract is between the owner of the props or property and the photographer.
Wedding photography contract: As the name suggests, this contract is between a wedding planner or wedding host and the photographer (usually known as a wedding photographer).
Gallery sales: If a photographer wants to display or sell his/ her photographs in an art gallery, the photographer has to sign a gallery sales contract with the gallery in charge.
Equipment rental: For any major events or gigs, the photographer usually rents hi-tech equipment for enhanced visuals. This contract is signed between the photographer and the owner of the equipment.
Real estate: This is a contract between a photographer and the property owner. Here the photographer takes images of the property that the owner can use to sell or rent the property.

What are the major terms of a photography contract?

A photography contract has certain terms and conditions that protect the interest of both parties. The contract covers more than just the basics of the deal. It gives a detailed outline of the unique circumstances in which the photographer might be shooting. Below are the major elements that must be included in a photography contract:

Scope of work: This clause specifies all the photography services the photographer should provide to the client or company. It talks about creative copies, photography styles, and what the photographer will be shooting. It also includes details about the schedule and when to commence the work.
Copyright ownership: Under this clause, the photographer grants the client the right to use the photographs. The rights can be granted for a fixed period or can be for life long.
Payment terms: This term clarifies the overall amount that the client should pay to the photographer. It also talks about the payment methods, when the payment can be expected, how much the advance deposit will be, and what will happen if the payment bounces.
Post-production and editing: In this term, the photographer has to set out the type of post-production and editing services (using Photoshop or Illustrator) he/ she will provide to the client. It also states the number of edits a client can ask the photographer.
Additional service: Under this element, the photographer lists out all the additional services with prices that the client might require at the last minute.
Cancellation policy: It is crucial to have a cancellation clause that outlines the terms and conditions under which the photographer or the client can terminate the contract.
Miscellaneous: Certain common clauses that are included in a photography contract are governing law, severability, waiver, and force majeure clauses.

Why should you choose Revv for your photography contract?

Every time a new client shows up, it can be challenging for a photographer to manage work and draft a contract simultaneously. In such situations, it is better to use a ready-to-go contract template.

Revv has 300+ contract templates that are legally vetted, pre-drafted, and come with easily editable fields.

Benefits of using Revv:

The templates come with a rich editor and easy drag-and-drop blocks. Now anyone can easily add, rearrange and clone the blocks according to their requirement.
Revv has a wide variety of contracts, and these contracts come with an in-build eSignature feature. When a photographer is drafting his/ her photography contract template, then they can include the electronic signature and send it to their photography clients for acceptance.
A professional photographer who wants to send contracts in bulk can use Revv to create the contract and send it using Zapier or other APIs.
A photographer can easily track the activities happening in a particular contract, like the photographer can check when the document was sent and when it was opened.

Revv has many amazing features like this; all you have to do is sign up and start using Revv!