This agreement is between CLEMENT CAPTURES PHOTOGRAPHY (hereafter “Photographer” “the Photographer” or
“Photography Company”) and ____________________ (hereafter referred to as “CLIENT”).
1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot.”)
PHOTOGRAPHER will arrive at the previously agreed-upon location on time for the appointment that the CLIENT set when booking.
PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.
CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50%
(fifty-percent) of the total price of the photography services upon signing this contract. The initial payment
reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise
availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the
initial payment will not be returned to CLIENT.
The balance of the payment for photography services must be paid in full no later than the day of the SHOOT
detailed in Section 1: Scope of Work.
3. Work Product
PHOTOGRAPHER will deliver a digital high-resolution gallery of photos to CLIENT no more than fourteen days (14 days) after the date of the SHOOT. CLIENT understands and agrees that the PHOTOGRAPHER will select all photos deemed appropriate to be delivered in the high-resolution online gallery.
All photos delivered to CLIENT are licensed for CLIENT’S personal use only.
If photos are included in the price for photography services, the following will constitute the entirety of photos
to be delivered to client and licensed for personal use only.
CLIENT understands and agrees that prints take longer for delivery. CLIENT will refer to the Terms and Conditions listed when purchasing prints from the PHOTOGRAPHER to understand those terms wherein.
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. Duty of Client
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, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Exclusive Photographer
CLIENT agrees and understands that no other party other than PHOTOGRAPHER 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 right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
7. Model Release
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.