Photography Services Agreement - Template, Sample Form Pro · PH-law

PHOTOGRAPHY SERVICES AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

This Agreement (the "Agreement") is made and executed at the City/Municipality of ________, Province of ________, this ________, by and between:

________, Filipino, of legal age, with address at ________, hereinafter referred to as the "Photographer";

-and-

________, Filipino, of legal age, with address at ________, hereinafter referred to as the "Client".

The Photographer and the Client may be referred to individually as a "Party" and collectively as the "Parties."

WITNESSETH: That the Parties, in consideration of the mutual covenants hereinafter set forth, and pursuant to the provisions of the Civil Code of the Philippines (Republic Act No. 386), hereby agree to the following terms and conditions:

Art. I. SERVICES

§ 1.01. The Photographer shall provide photography services for the wedding of ________ and ________ (the "Event"), as follows:

Date: ________
Time: ________
Location: ________

Art. II. PACKAGE / OUTPUT

§ 2.01. The Photographer shall deliver the following as part of the services (the "Output"):

________

Art. III. FEES AND PAYMENT

§ 3.01. The total price for the services shall be ________ (₱________), inclusive of all applicable taxes including Value-Added Tax pursuant to the National Internal Revenue Code, as amended, payable by the Client as follows:

1. Booking Fee: ________ (₱________), payable on ________.

2. Balance: ________ (₱________), payable on ________.

§ 3.02. Payment of the fees shall be made via:

________

§ 3.03. The Photographer shall issue an official receipt for all amounts received pursuant to applicable Bureau of Internal Revenue regulations.

§ 3.04. In case of failure to pay any amount due under this Agreement, the Photographer shall not be obligated to render any services to the Client. Where the services have already been rendered, the Photographer reserves the right to withhold release of any and all Output to the Client until full payment is made.

Art. IV. EXCLUSIVITY

§ 4.01. The Photographer shall be the sole and exclusive photographer for the Event.

Art. V. NO GUARANTEE OF POSES OR CIRCUMSTANCE

§ 5.01. The Client acknowledges and agrees that the Photographer cannot guarantee any specific poses or photographs. The Photographer shall make every reasonable effort to accommodate requested poses but does not warrant that such poses or photographs will turn out in the manner desired by the Client or that the same will be usable for the Client's particular needs.

§ 5.02. The Photographer shall not be liable for any compromised services arising from causes beyond the Photographer's control, including but not limited to weather, decorations, lighting, or any other factors.

Art. VI. CLIENT RESPONSIBILITIES

§ 6.01. The Client agrees to:

1. Provide all information and facilities necessary for the Photographer to properly perform the services;

2. Obtain any permits and licenses required to allow the Photographer to shoot freely during the Event;

3. Provide food during the performance of the services for each member of the Photographer's staff, not to exceed ________ person(s).

Art. VII. SCHEDULE

§ 7.01. The Client shall ensure that the schedule for the Event is followed. The Photographer does not guarantee availability for any session that may not commence on time or that runs over the allotted time.

§ 7.02. The Client shall be responsible for the payment of fees due to the Photographer regardless of the late operation of any session for any reason not attributable to the fault of the Photographer.

Art. VIII. PHOTOGRAPHER SAFETY

§ 8.01. The Client shall ensure that:

1. The location of the Event is safe to enable the Photographer and the Photographer's staff to perform their services without danger to their physical well-being;

2. The Photographer and the Photographer's staff shall not be subjected to any hostile words, threats, or other inappropriate, threatening, or violent behavior.

§ 8.02. Should the physical well-being of the Photographer and/or staff be endangered, or should they be subjected to any hostile words, threats, or other inappropriate behavior, the Photographer reserves the right to immediately terminate this Agreement, in which case any amounts already paid shall be forfeited in favor of the Photographer.

Art. IX. CANCELLATION BY CLIENT

§ 9.01. Should the Client cancel this Agreement prior to the Photographer's completion of the services (including delivery of any Output), the Client shall not be entitled to any refund of amounts already paid, and all future payments shall be cancelled. The Parties acknowledge that such forfeiture constitutes liquidated damages reasonably agreed upon pursuant to Articles 1226 to 1230 of the Civil Code of the Philippines.

Art. X. TERMINATION BY PHOTOGRAPHER

§ 10.01. The Photographer reserves the right to terminate this Agreement at any time if:

1. The Client violates any provision of this Agreement; or

2. For any reasonable cause not attributable to the Client's fault or negligence, including ill health of the Photographer and/or the majority of the staff, among others.

§ 10.02. If termination is due to the Client's violation of this Agreement, the Client shall not be refunded any amount already paid.

§ 10.03. If termination is not due to the Client's fault or negligence, all amounts paid by the Client, including the Booking Fee, shall be refunded in full. The Photographer shall not be liable to pay any amount in excess of amounts already paid by the Client.

Art. XI. DELIVERY OF THE OUTPUT

§ 11.01. The Photographer shall deliver the Output within the following period:

________

§ 11.02. Delivery of the Output shall be made as follows:

________

§ 11.03. The Photographer shall not be liable in the event the Output is lost, damaged, or destroyed during transit.

§ 11.04. Upon taking possession of the Output, the Client must notify the Photographer of any technical problems with the Output within ________ days; otherwise, the Output shall be deemed satisfactory and accepted by the Client. Technical problems with the Output shall not include any further edits except as expressly agreed upon by the Parties.

Art. XII. ADDITIONAL WORK

§ 12.01. The Client may not unilaterally assign additional work to the Photographer. The Parties may, through a written addendum to this Agreement, expand the scope of the services, provided such addendum is in writing and contains explicit terms.

Art. XIII. INTELLECTUAL PROPERTY

§ 13.01. Pursuant to the Intellectual Property Code of the Philippines (Republic Act No. 8293, as amended), the Photographer holds all copyright in and to all images produced. The Photographer shall not transfer copyright in the images but grants the Client a license for personal use thereof. For purposes of this Article, "personal use" shall mean home or family use, including non-commercial social media accounts.

§ 13.02. The Photographer may use the original raw files, excerpts, and/or reproductions for display or promotional purposes only with the prior written consent of the Client, in accordance with the Data Privacy Act of 2012 (Republic Act No. 10173).

Art. XIV. DATA PRIVACY

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Art. XV. RELATIONSHIP OF THE PARTIES

§ 15.01. Neither Party is, by virtue of this Agreement, authorized as an agent, employee, or legal representative of the other. Neither Party shall have the power to control the activities and operations of the other. The relationship of the Parties shall at all times be that of independent contractors.

Art. XVI. CONFIDENTIALITY

§ 16.01. Each Party agrees to keep confidential all information, whether written or oral, obtained from the other Party in connection with this Agreement and the performance of the services. Neither Party shall disclose such confidential information to any third party without the prior written consent of the other Party, except as may be required by law or by order of a competent court or authority. This obligation of confidentiality shall survive the termination or expiration of this Agreement.

Art. XVII. LIMITATION OF LIABILITY

§ 17.01. In no event shall the Photographer be liable to the Client for any amount in excess of the total fees actually paid by the Client under this Agreement. The Photographer shall not be liable for any indirect, incidental, consequential, or special damages arising out of or in connection with the performance of the services, including but not limited to loss of profits, loss of opportunity, or loss of goodwill, except in cases of fraud, gross negligence, or willful misconduct as provided under the Civil Code of the Philippines.

Art. XVIII. ASSIGNMENT

§ 18.01. Neither Party may assign or transfer any of its rights or obligations under this Agreement to any third party without the prior written consent of the other Party. Any assignment made in violation of this provision shall be null and void.

Art. XIX. FORTUITOUS EVENTS

§ 19.01. Pursuant to Article 1174 of the Civil Code of the Philippines, the Photographer shall not be liable for any failure to perform due to causes beyond its reasonable control, including but not limited to acts of God, acts of civil or military authorities, riots, embargoes, natural disasters, and other acts arising from unforeseen circumstances.

§ 19.02. If the Event is cancelled due to a fortuitous event, or if the Photographer cannot perform its duties due to a fortuitous event as described above, all amounts paid to the Photographer, including the Booking Fee, shall be refunded to the Client.

Art. XX. COMMUNICATIONS

§ 20.01. For communications relating to this Agreement, the Parties may be contacted as follows:

Photographer:

Phone number: ________
Email: ________

Client:

Phone number: ________
Email: ________

Art. XXI. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS

§ 21.01. The Parties agree to execute such other documents as are reasonable and necessary for the proper implementation of this Agreement.

Art. XXII. APPLICABLE LAW

§ 22.01. This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.

Art. XXIII. WAIVER

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Art. XXIV. COUNTERPARTS

§ 24.01. This Agreement may be executed in counterparts, all of which together constitute a single agreement. If the dates set forth at the signatures of this document differ, the Agreement shall be considered effective as of the date on which both Parties have signed.

Art. XXV. SEVERABILITY

§ 25.01. The invalidity of any portion of this Agreement shall not be deemed to affect the validity of any other provision. In the event that any provision is held to be invalid, the Parties agree that the remaining provisions shall remain in full force and effect as if executed subsequent to the expungement of the invalid provision.

Art. XXVI. CUMULATIVE RIGHTS

§ 26.01. The rights of the Parties under this Agreement and the law are cumulative and shall not be construed as exclusive unless otherwise required by law.

Art. XXVII. HEADINGS

§ 27.01. Headings are for convenience only and do not affect the interpretation of this Agreement.

Art. XXVIII. VENUE OF ACTION

§ 28.01. All actions arising out of or by virtue of this Agreement shall be filed exclusively in the proper courts of ________, to the exclusion of all other courts.

Art. XXIX. ENTIRETY OF AGREEMENT

§ 29.01. This Agreement represents the entire agreement between the Photographer and the Client and supersedes all prior negotiations, representations, and agreements, whether oral or written.

Art. XXX. AMENDMENTS AND MODIFICATIONS

§ 30.01. This Agreement may be amended only by a written instrument signed and agreed upon by both Parties.

IN WITNESS WHEREOF, the Parties have hereunto affixed their signatures on the date and at the place first stated above.

________
Photographer

________
Client

Signed in the presence of:

________       ________

Witnesses

ACKNOWLEDGMENT

Republic of the Philippines )
Province of ________ )
City or Municipality of ________ ) S.S.

BEFORE ME, a Notary Public, for and in the City or Municipality of ________, ________, this ________ day of ________, 20________, personally appeared the following persons:

1. ________, with the following competent proof of identification: ________ with number ________ which expires on ________;

2. ________, with the following competent proof of identification: ________ with number ________ which expires on ________.

all known to me and to me known to be the same persons who executed the foregoing Photography Services Agreement, consisting of ________ pages, including this page on which this Acknowledgment is written, and they acknowledged to me that the same is their free and voluntary act and deed.

WITNESS MY HAND AND SEAL on the day and at the place first written above.

_______________________________
Notary Public

Doc. No. ________;
Page No. ________;
Book No. ________;
Series of ________.