There are several common clauses that may be included in a portrait photography agreement. Here are some examples:
1. Date, Time, and Location: This clause specifies the date, time, and location of the photography session.
2. Fees and Payment: This clause outlines the fees that the client will pay for the photography session and any additional services, as well as the payment schedule and method.
3. Cancellation and Refunds: This clause explains the policy for cancelling or rescheduling the photography session and the refund policy if the client decides to cancel.
4. Copyright and Usage: This clause specifies who owns the copyright to the photos and how they can be used. It may also include information about how the photos may be shared or distributed.
5. Model Release: This clause explains that the client gives permission for their images to be used for marketing or other purposes.
6. Retouching and Editing: This clause outlines how many photos will be edited and retouched and the turnaround time for receiving the edited photos.
7. Liability and Indemnification: This clause limits the photographer's liability and requires the client to indemnify the photographer in the event of any legal disputes.
8. Governing Law and Jurisdiction: This clause specifies the governing law and jurisdiction that will apply if any legal disputes arise.
It is important to note that the clauses included in a portrait photography agreement may vary depending on the photographer, the client, and the specific details of the photography session. It is recommended that both parties carefully review and negotiate the terms of the agreement before signing.
How can I ensure that the agreement is fair to both parties?
To ensure that the portrait photography agreement is fair to both parties, here are some steps that you can take:
1. Read the agreement carefully: Take the time to carefully review all the terms and conditions of the agreement. Make sure that you understand what you are agreeing to and that all the details are clear.
2. Negotiate the terms: If there are any clauses in the agreement that you are not comfortable with, discuss them with the photographer and negotiate the terms until you reach an agreement that is fair to both parties.
3. Clarify any ambiguous terms: If there are any terms in the agreement that are unclear or ambiguous, ask the photographer to clarify them. It is important to make sure that both parties have a clear understanding of the terms of the agreement.
4. Seek legal advice: If you are not sure about any part of the agreement, seek legal advice from a lawyer who specializes in photography contracts. A lawyer can help you understand your rights and obligations under the agreement and can make sure that the agreement is fair to both parties.
5. Sign the agreement: Once you are satisfied with the terms of the agreement, sign it and make sure that the photographer also signs it. Keep a copy of the agreement for your records.
By taking these steps, you can help to ensure that the portrait photography agreement is fair to both parties and that the photography session runs smoothly.
This agreement is between the Client, whose
name and address is listed above, and XXXXXXXXX.
1.
Retainer and Payment. The Client shall make a non-refundable
retainer to the Photographer to perform the services specified herein. Upon
payment, Photographer will reserve the time and date agreed upon by both
parties. Payment for product orders
shall be submitted to Photographer within 30 days of gallery delivery, whether
via online proofing service or in-person viewing. Client agrees that this
retainer is earned by the photographer when paid, and is remitted in
consideration of the experience, reputation, skill of the photographer and in
consideration of the inability of the photographer to schedule other clients
during this time.
2.
Cancellation.
If Client requests to amend or cancel this agreement 3 or more calendar
days before the session date, the retainer shall be applied a mutually agreed
upon reschedule date. If Client cancels
this agreement, or fails to show, 2 or less calendar days before the session
date, the retainer shall be forfeited.
3.
Rescheduling/Late Arrivals. In the event that the Client requests to
reschedule a session, the retainer shall be applied to a rescheduled session if
notice is given at least 3 days prior
to the scheduled event. Reschedule
must be within the same calendar year.
Any Client that is late arriving to the session will have the amount of
time late deducted from the time allotted for the session.
4.
Completion Schedule. Prints generally take about two weeks from
time of print order to be processed and delivered to Client. Albums can take
several weeks to months to design and produce. Client should place order with
enough time to allow for normal delays. Photographer shall not be held
responsible for delivery delays.
5. Artistic Rights. The Photographer retains the right of
discretion in selecting the photographic materials released to the client.
6.
Photographic Materials. All photographic materials, including but not
limited to negatives, transparencies, proofs, and previews, shall be the
exclusive property of the Photographer.
The Photographer shall make gallery proofs available through an online
gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client
within 2 weeks of the session. If an online proofing gallery is delivered, it
shall remain open for 30 days from delivery.
If the Client requests to extend the time or reopen the online proofing
gallery, a $15 unarchival fee shall apply.
All print orders must be placed within 30 calendar days of proof gallery
delivery. No prints or negatives will be
released until the agreed upon amount is paid in full.
7.
Copyright and Reproductions. The 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 and/or studio. If the Photographer desires to make other
uses, 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 {Copyright Law Title 17, Appendix V. Additional Provisions of the
Digital Millennium Copyright Act 2005, Section 102} without the written
permission of the Photographer.
8.
Client’s Usage.
The Client shall only use the prints, including digital files, in
accordance with the permissions within this agreement. The Client’s prints are for personal use only
and shall not be submitted to contests, reproduced for commercial use or
authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file
print release, the Client must act in accordance with the release.
9.
Social Media.
The Client may share blog post links and Facebook albums through use of
the share functions and dissemination of direct links. Client shall not copy, download, screen shot,
or capture the photographs in any other fashion.
10.
Failure to Perform.
If the Photographer is unable to perform this agreement due to illness,
emergency, fire, casualty, strike, act of God or causes beyond the control of
the Photographer, the Photographer and Client shall make every attempt to
reschedule the session. If a reschedule is unable to be agreed upon,
Photographer shall return the retainer to the client and shall have no further
liability. Further, if the 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, liability shall be limited.
11.
Photographer.
The Photographer reserves the right to substitute with another
photographer. The substitute
photographer is chosen at the discretion of the Photographer and does not
constitute a breach of this agreement.
The Photographer warrants the substitute photographer to be of
comparable quality and professionalism.
12.
Photographer’s Standard Price List. The charges in this agreement are based on
the Photographer’s Standard Price List. This price list is adjusted
periodically and future orders shall be charged at the prices in effect at the
time when the order is placed.
13.
Travel and Overage Fees. The Client shall pay $15
per 25 miles outside the Zipcode of 63333.
14.
Arbitration.
Any controversy or claim arising out of or relating to this contract, or
the breach thereof, shall be settled by arbitration, administered in accordance
with the Commercial Arbitration Rules of the American Arbitration Association,
administered by a licensed Arbitrator in the jurisdiction closest to the
Photographer’s office and the arbitration award may be entered for judgment in
any court having jurisdiction thereof. Notwithstanding the foregoing, either
party may refuse to arbitrate when the dispute is for a sum less than $50. In no event shall an award in an arbitration
initiated under this clause exceed the contracted price of the controversy in
dispute.
15.
Indemnification. The Photographer shall be held
harmless for any and all injury to client during the course of the photography
session and the immediately surrounding events.
16.
Construction. Each party and its counsel have
participated fully in the review and revision of this Agreement. Any rule of
construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in interpreting this Agreement. The language in
this Agreement shall be interpreted as to its fair meaning and not strictly for
or against any party.
17.
Miscellany. This Agreement incorporates the entire
understanding of the parties. Any
modifications of this Agreement must be in writing and signed by both
parties. Any waiver of a breach or
default hereunder shall not be deemed a waiver of a subsequent breach or
default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws
of the State of Missouri.
18.
Waivers. The waiver of any breach of this Contract
shall not constitute a continuing waiver or a waiver of any subsequent breach
of the same or a different provision of this Contract.
19.
Attorney’s Fees. If either party to this Contract
brings a legal action against the other party to this Contract to secure the
specific performance of this Contract, collect damages for breach of this
Contract, or otherwise enforce or interpret this Contract, the prevailing party
shall recover reasonable attorney’s fees and all costs, premiums for bonds,
fees, and other expenses expended or incurred in the action in addition to any
other relief that may be awarded.
Photographer’s
Signature: Date:
__________________________________ ___________________
Client’s
Signature: Date:
__________________________________ ____________________
You can also download the Portrait Photography Agreement in word format.
