Tuesday, May 16, 2023
Friday, April 28, 2023
Portrait Photography Agreement - Simple word
what is a Portrait Photography Agreement ?
What are some common clauses in a portrait photography agreement?
Simple Portrait Photography Agreement
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:
__________________________________ ____________________
Friday, April 21, 2023
Professional Wedding Cake Contract: Ensure Your Dream Wedding Cake Becomes Reality
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Friday, April 7, 2023
agreement for wedding photography pdf
An agreement for wedding photography is a legal contract between the photographer and the client outlining the terms and conditions for the photography services provided. The agreement should include the following key elements:
- Names of the parties: The agreement should clearly state the names of the photographer and the client.
- Date, time, and location of the wedding: The agreement should specify the date, time, and location of the wedding to ensure that the photographer is available and able to provide the services.
- Services provided: The agreement should detail the specific services that the photographer will provide, such as the number of hours of coverage, the number of photographs taken, and any additional services such as engagement photos or a second shooter.
- Payment: The agreement should outline the payment terms, including the total cost, payment schedule, and any payment deadlines.
- Copyright and usage: The agreement should establish who owns the copyright to the photographs and what usage rights the client has. This may include the right to print, share on social media, or use for personal or commercial purposes.
- Cancellation policy: The agreement should include a cancellation policy in case the client needs to cancel or reschedule the wedding. This policy should specify any fees or penalties associated with cancellations.
- Liability and indemnification: The agreement should outline the photographer's liability and indemnification obligations in case of any loss, damage, or injury that occurs during the photography services.
- Dispute resolution: The agreement should establish a dispute resolution process in case of any disagreements or disputes that arise during the wedding photography process.
Both parties should carefully read and understand the
agreement before signing, to ensure that they are in agreement with all of the
terms and conditions. It is also recommended to have a lawyer review the
agreement to ensure it is legally binding and protects the interests of both
parties.
Saturday, April 1, 2023
Event Photography Example Contract
Simple photography contract template
This agreement is
between [CLIENT 1 NAME], hereinafter referred to as the "Client", and
Philip Vladimir Photography hereinafter referred
to as the "Photographer(s)".
Date of Event: [EVENT DATE]
Start Time: [EVENT START TIME]
Ending Time: [EVENT ENDING TIME]
Other Times/Arrangements and Services agreed on: [OTHER TIMES/ARRANGEMENTS AND
SERVICES]
[CLIENT 1 NAME]
Address: [CLIENT 1 ADDRESS]
Email: [CLIENT 1 EMAIL]
Phone: [CLIENT 1 PHONE]
Location
Name of Location: [CEREMONY LOCATION NAME]
Address: [CEREMONY LOCATION ADDRESS]
Phone: [CEREMONY LOCATION PHONE]
Additional Contact 1
Name: [ADDITIONAL CONTACT 1 NAME]
Mobile Number: [ADDITIONAL CONTACT 1 MOBILE NUMBER]
Additional Contact 2
Name: [ADDITIONAL CONTACT 2 NAME]
Mobile Number: [ADDITIONAL CONTACT 2 MOBILE NUMBER]
Additional contacts must be
able to be contacted on the day of the wedding.
Amount agreed: $[COST OF SERVICES AGREED UPON]
Booking fee/deposit:
$[BOOKING FEE/DEPOSIT AMOUNT]
The booking fee is due on signing this agreement (Booking Fee is [BOOKING FEE
PERCENTAGE]% of the amount, with the balance of the amount agreed due [BALANCE
DUE DATE # DAYS] days before the day of the wedding.
The Client agree to provide
a meal for the Photographer if the length of attendance exceeds five hours.
Entire Agreement: This agreement contains the entire understanding between the Client
and the Photographer.
Confirmation: A signed “Contract for Event Photography Services” and payment of the
booking fee are necessary to confirm the stated wedding services from the
Photographer.
Cooperation: The Clients and the Photographer consent to happily
cooperating and communicating with each other to achieve the best possible
result within the understanding of this contract. We recommend that the
Photographer be provided with a helper (someone who knows most of the guests)
who will point out key individuals to be photographed. The Photographer may
also require assistance in organizing family groups. The Clients also agree to
give the Photographer sufficient warning of key events to give the Photographer
time to prepare e.g. cutting the cake, speeches etc. Please note that not all
guests like having their photo taken. In such cases the Photographer will use
his discretion but cannot be held responsible for a lack of photos of these
people.
The Schedule: Our shooting schedule, style of working and experience are designed to
achieve a great set of Event photos for the Clients, accomplished with good
humour and enjoyed by all concerned. Both the Clients and the Photographers
therefore agree that punctuality and cheerful cooperation are essential to
producing outstanding photographic results. In cases where the Event does not
run on time (for example, extreme lateness by one of the Clients guests) we cannot
guarantee to take our normal set of photos although in such circumstances we
will do our absolute best to compensate.
Paparazzi Event Guests: All your guests will have digital cameras and all your guests will
want to take photographs at Key times. In the spirit of cheerful cooperation
the Clients agree to give the Photographers precedence over the guests in order
to take the photographs required for the Event services
described above. I cannot be held liable for a lack of Event photos if guests
taking their own photos of the Key moments continually interrupt the
Photographer's work.
Copyright Law: The copyright of photographs remains with the Photographer. The images
taken by the Photographer are for personal use by the Clients and their friends
and relatives. Sale, Publication or any Commercial use of the photographs is
not allowed without prior written permission from the Photographer.
Model Release: The Client grant the Photographer and its legal representatives, heirs
and assigns, the irrevocable and unlimited consent to use the photographs of
the Clients for editorial, competition, advertising and any other purpose and
in any manner, to alter the photographs without restriction; and to copyright
the images. The Clients hereby release the Photographer and its legal
representatives, heirs and assigns from all liability and claims in connection
with the images.
Limit of Liability: If a photographer is too ill or becomes injured and cannot supply the
wedding services specified above the Photographer will try to book a
replacement wedding photographer. Under normal circumstances a second
photographer from the Photographer is there for the day anyway and this
photographer will then shoot the day on his/her own. If both photographers are
unavailable and a replacement photographer cannot be found then liability is
limited to a refund of any payments received. The Photographers have working
methods in place to prevent loss or damage to your images. However, there is
the unlikely possibility that images may be lost, stolen or destroyed for
reasons in or beyond our control. In these circumstances liability is limited
to the return of fees paid for the service or part thereof according to the
percentage of images supplied.
Booking Fee/Deposit: In the event of the Clients cancelling the Event for whatever reason
the booking fee is non-refundable your deposit becomes a "studio
credit" and may be used toward a future session or event.
We have understood the
contents of this contract and agree to the terms therein.
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