Legal Contract Templates How to Write the Photography Services Contract

Writing the Photography Services Contract document

CUSTOM PHOTOGRAPHY AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Photographer and company name Customer Recitals A. Photographer is in the business of providing custom photography and printing services for fee. B. Customer desires to have Photographer render specific services the Services or Photographers Services as set forth in Exhibit B. C. Services shall be rendered on specific date the Event as set forth in Exhibit B. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Photographer hereby agree as follows.

1. Engagement of Services. Photographer agrees to render to Customer as follows. Provide to Customer pre event consultation prior to the Event in order to finalize specific shooting times the Times determine any custom shots the Shots or set forth any locations the Locations that Photographer will be required to travel to in order to render the Services to Customer. Customer has the sole responsibility for arranging this pre event consultation with Photographer and failure of the occurrence of pre event consultation shall not constitute breach of this Agreement. Provide the agreed Services on the dates Times and Locations as agreed upon in the Specifications and provide images taken during the Event the Proofs to Customer as soon as they are available. Provide proof of agreed upon expenses associated with the Event and the execution of Photographers Services and present them to Customer for approval. Provide to Customer post event consultation in order to review all images taken during the Event or otherwise arrange for the insured delivery of any images or other related materials. Provide other such services as Customer may request from time to time such as additional Shots assistance to Customers staff and employees or additional project consulting. Provide to the Customer ordering and photographic reproduction services. 2. Specifications.

Photographer agrees to provide the Services pursuant to the specifications set forth in Exhibit attached hereto the Specifications 3. Delivery of Proofs. Photographer will use reasonable diligence in the development of the Proofs and endeavor to deliver to Customer all agreed upon Specifications outlined in Exhibit no later than delivery date. Customer acknowledges however that this delivery deadline listed in Exhibit is an estimate and is not required delivery date. Photographer will retain all rights to any and all photographic materials custom Shots proofs or other intellectual property for the entire project and will provide the Customer with the output formats only. Customer shall retain all of Customers intellectual property rights in any logos graphics text images or other components owned and transmitted to Photographer for use in fulfillment or creation of Services. 4. Ownership Rights. Photographer shall retain under the fullest extent under the law any and all film digital files proofs samples prints or negatives created or produced for Customer pursuant to this Agreement. Customer agrees to return to Photographer any materials Customer may have of Photographers such as artwork mock ups comps text digital media film images or any other physical or digital embodiment of Photographers creative work performed under this Agreement. Upon termination or expiration of this Agreement Customer agrees to be solely responsible for any additional use of materials and advertisements created by Photographer pursuant to this Agreement. Additional expenses may include but are not limited to. Fees Licenses Translations Royalties Talent and other associated fees. Photographers obligation in 4. shall not apply in any respect to foreign use. 5. Compensation.

For all of Photographers Services under this Agreement Customer shall compensate Photographer in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Photographer has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement withhold all materials Services and content bring legal action. 6. Limited Warranty and Limitation on Damages. Customer agrees to indemnify and hold Photographer harmless with respect to any claims loss lawsuit liability or judgment suffered by Customer which results from the use of any material prepared by Photographer or execution of Service by Photographer or at the direction of Photographer which has been materially changed from the Specifications. 7. Resources and Equipment. Photographer agrees to make available any items hardware or software as Customer and Photographer may agree are reasonably necessary for such purpose. Specific items hardware or software requirements are listed on Exhibit attached hereafter.

8. General Provisions. 8 Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Photographer and their respective successors and assigns provided that Photographer may not assign any of his obligations under this Agreement without Customers prior written consent.

8 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 8 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 8 Right to Withhold Content and Creative Services. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Photographer has the right to withhold any materials photographic or otherwise or to suspend any further creative or administrative Services performed on behalf of Customer until payment in full is received plus accrued late charges of 2% per month. 8 Indemnification. Customer warrants that everything Customer gives Photographer to use in fulfillment of Services is legally owned by or licensed to Customer. Customer agrees to indemnify and hold Photographer harmless from any and all claims brought by any third party relating to any aspect of the Services creative or other content including but without limitation any claims resulting from missed Shots missed Times inaccessibility to Locations weather related problems inaccessibility or lack of cooperation from critical employees staff or other personnel required by Photographer in order to meet any of the deliverables or obligations listed in Exhibit B; difficulty in gaining any access to the agreed upon Locations or any demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the advertising or Services. Further Customer agrees to indemnify Photographer from responsibility for problems disruptions caused by third party services and contractors that Customer may use such as reproduction services enlargements digital processors transportation shipping or hosting services film processing and other services that relate to the execution of the Services outlined in this Agreement by Photographer.

8 Use of Services and Creative Content for Promotional Purposes. Customer grants Photographer the right to use or otherwise reproduce the proofs images creative content description of Services performed results of Services or testimonials as Photographer sees fit for promotional only purposes. 8 Limitation of Damages. Customer agrees that the only damages available under this Agreement shall be limited to the total amount of compensation paid to Photographer and that this shall be the sole remedy to Customer for damages under this Agreement. 8. 10 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 8. 11 Term of Agreement. This agreement shall begin on start date and shall continue in full force until terminated by either party upon at least thirty days prior written notice.

The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer.

Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Photographer Initials

Writing the Pocket Photo Release Agreement document (alternate or related contract document)

Model Release Short Form Pocket Release Job Number. Photographer Name. Photo Date. Photo Location. Client Project. I am at least years of age. Yes No If no Parent or Guardian Signature Required For valuable consideration received undersigned hereby grant to company name Photographer the absolute and irrevocable right and unrestricted permission to use re use display distribute transmit publish re publish copy or otherwise exploit either in whole or in part either digitally in print or in any other medium now or hereafter known for any purpose whatsoever and without restriction photographs taken of me or in which may be included; to alter the same without restriction; and to copyright the same. I hereby release and discharge Photographer and his or her agents representatives and assignees from any and all claims and demands arising out of or in connection with the use of the photographs including without limitation any and all claims for invasion of privacy right of publicity and defamation. Signature. Guardian Signature. Address. Date when the contact was signed

Model Release Short Form Pocket Release Job Number. Photographer Name. Photo Date. Photo Location. Client Project. I am at least years of age. Yes No If no Parent or Guardian Signature Required For valuable consideration received undersigned hereby grant to company name Photographer the absolute and irrevocable right and unrestricted permission to use re use display distribute transmit publish re publish copy or otherwise exploit either in whole or in part either digitally in print or in any other medium now or hereafter known for any purpose whatsoever and without restriction photographs taken of me or in which may be included; to alter the same without restriction; and to copyright the same. I hereby release and discharge Photographer and his or her agents representatives and assignees from any and all claims and demands arising out of or in connection with the use of the photographs including without limitation any and all claims for invasion of privacy right of publicity and defamation. Signature. Guardian Signature.

Address. Date when the contact was signed

How to write my Exhibit A (Payment Terms) document (alternate or related contract document)

Select an appropriate payment terms from the list of possible choices depending on the agreement being used with and delete the rest. For example if using project development contract use one of the first three milestone based payment terms. If using VAR Reseller contract or for general pricing use the payment terms pricing plan at the end of the list of plans below. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 90% of the estimated price upon execution of the Agreement. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer

C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above.

5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 3 of the fee upon execution of the Agreement; B. 3 of the fee upon completion of Insert Key Payment Milestone C. The remaining upon completion per the specification. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees

B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month.

4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers an hourly fee according to the following terms. A. 10% of the estimate upon execution of the Agreement of Insert Total Payment Amount B. Customer is billed at hourly rate per hour at the completion of each milestone.

C. The customer will not be liable for more than Insert Maximum Amount Liable for in hourly work. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP

G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A CREDIT CARD PAYMENT PLAN Authorization for credit card payments for development per Exhibit and B. Charges to be applied as Customer accepts each milestone. Customer accepts liability for all costs incurred including but not limited to chargebacks and reversals.

Card Number Expiration Date Name on Card Title Phone. phone number Fax. fax number Email. email address

Company. company name Street. address address City. city Country. country EXHIBIT A PAYMENT TERMS Pricing Plan.

Insert your pricing plan here. Discounts. Insert any discounts available here. Restrictions. Insert any restrictions here.

How do you write a Project Contract Acceptance Signoff Form (Verbose) document? (alternate or related contract document)

company name Project Acceptance Signoff address address city state or province zip or postal code Phone. phone number DATE. current date Order WorkOrder Client.

company name city state or province zip or postal code Phone. phone number For. General Description of Project Deliverables Please initial the following sections which detail the projects deliverables contracted between company name and company name and sign the Acceptance of Agreement at the bottom of this document. Initials Description of Completed Milestone Acceptance of Milestone #1 description here Acceptance of Milestone #2 description here

Acceptance of Milestone #3 description here Acceptance of Milestone #n description here Acceptance of Project per Contract Specifications. ACCEPTANCE OF AGREEMENT. I certify that have received the above project deliverables from company name and that all deliverables have been demonstrated delivered or otherwise completed to company names satisfaction. further certify and release company name from any further obligation or duty unless otherwise agreed upon in writing. I understand that by signing this agreement release company name from any and all liability tort or claim concerning this project. further understand that all files provided to company name are to be used at company names sole risk and responsibility and all files should be tested prior to sending them to press replication or any other mass production.

company name may now charge or invoice company name any outstanding monies owed for completion of the project. Best Practice Note. If billing by credit card the above line should include permission to charge their credit card. This helps reduce your chargeback exposure. Example. Florentine Design Group LLC may now charge the final installment of 390 to AMEX ************345 for completion of the project. Clients signature. Date.

How to write my Model Release Agreement document (alternate or related contract document)

Job Number. contract reference number MODEL RELEASE For valuable consideration received undersigned hereby grant to company name Photographer the absolute and irrevocable right and unrestricted permission to use re use display distribute transmit publish re publish copy or otherwise exploit either in whole or in part digitally in print or in any other medium now or hereafter known for any purpose whatsoever and without restriction photographs taken of me or in which may be included; to alter the same without restriction; and to copyright the same. I understand and agree that Photographer may or may not use my name in conjunction with the photographs as he or she so chooses. I hereby release and discharge Photographer and his or her agents representatives and assignees from any and all claims and demands arising out of or in connection with the use of the photographs including without limitation any and all claims for invasion of privacy right of publicity and defamation. Consent. I represent that am over the age of eighteen years and that have read the foregoing and fully understand its contents. This release shall be binding upon me my heirs legal representatives and assigns. Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Photographer and his or her respective successors and assigns provided that Photographer may not assign any of his or her obligations under this Agreement without the undersigneds prior written consent.

Date. Name. Job title of signator authorized signature or signer. Address. Date when the contact was signed