Photography Services Agreement - Template, Sample Form

PHOTOGRAPHY SERVICES AGREEMENT

KNOW ALL MEN BY THESE PRESENTS:

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

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

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

The Supplier and the Client may be referred to individually as "Party" or collectively as "Parties.

agree to the following terms and conditions:

I. SERVICES

The Photographer will provide Photography Services for the wedding of ________ and ________ (the "Event") as follows:

Date: ________
Time: ________
Location:

________

II. PACKAGE

The Photographer will provide the following as part of the services (the "Output"):

________

III. FEES

The total price for the Services will be ________ (₱________), inclusive of VAT, to be paid by the Client in the following terms:

1. Booking Fee: ________ (₱________) to be paid on ________.

2. Balance: ________ (₱________) to be paid on ________.

Payment of the fees will be made via:

________

In case of failure to pay any amount under this Agreement, Photographer will not provide any Services to Client. If the Services has already been provided, Photographer reserves the right to not release any and all the Output to the Client.

IV. EXCLUSIVITY

Photographer shall be the sole and exclusive photographer for the Event.

V. NO GUARANTEE OF POSES OR CIRCUMSTANCE

Client acknowledges and agrees that Photographer cannot guarantee any specific poses or photos. If Client wishes to have certain poses or photos, Photographer will make every effort to include such poses but does not warrant that such poses or photos will turn out in the manner Client wishes or that such poses or photos will be usable for Client's needs.

Photographer shall not be liable for any compromised Photography Services due to causes beyond the Photographer's control such as weather, decorations, lighting, or any other causes or factors.

VI. CLIENT RESPONSIBILITIES

Client agrees to:

1. provide all information and facilities necessary for Photographer to properly perform the Photography Services;

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

3. Provide food during the performance of the Photography Services for each of the staff of the Photographer, which will not exceed ________ (________) person.

VII. SCHEDULE

Client shall ensure that the schedule for the Event will be followed. Photographer does not guarantee availability for any session which may not start on time or run over time.

Client shall be responsible for the payment of fees due to Photographer regardless of the late operation of any sessions for any reason which is not the fault of Photographer.

VIII. PHOTGRAPHER SAFETY

Client shall also ensure:

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

2. Photographer and their staff will not be subject to any hostile words, threats, or other inappropriate, threatening, or violent behavior.

Should the physical well-being of Photographer and/or their staff or should Photographer and/or their staff be subject to any hostile words, threats, or other inappropriate behavior, Photographer reserves the right to immediately terminate this Agreement. Any funds already paid to Photographer in such termination shall be forfeited by the Client.

IX. CANCELLATION BY CLIENT

Should Client cancel this Agreement prior to Photographer's completion of the Services (including the delivery of any Output), Client will not be due any refund of amount already paid. Future payments will be canceled.

X. TERMINATION BY PHOTOGRAPHER

Photographer reserves the right to terminate this Agreement at any time if:

1. Client violates any provision of this Agreement; or

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

If the termination by Photographer is due to a violation of the provisions of this Agreement by Client, Client will not be refunded any of the amount already paid.

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

XI. DELIVERY OF THE OUTPUT

Photographer will deliver the Output within the following period:

________

Delivery of the Output will be made as follows:

________

Photographer will not be liable in case the Output is lost, damaged, or destroyed during transit.

Upon taking possession of the Output, Client must inform Photographer of any technical problems with the Output within ________ days otherwise the Output will be deemed satisfactory to the Client. Technical or problems with the Output will not include any further edits except as agreed upon by the Parties.

XII. ADDITIONAL WORK

Client may not assign additional work to Photographer. The Parties may decide, through an addendum to this Agreement, to expand the scope of the Photography Services, but such Agreement may only be in writing and with explicit terms.

XIII. INTELLECTUAL PROPERTY

Photographer holds all copyright in and to any images produced. Photographer will not transfer copyright to the images but will allow Client personal use of the images. For purposes of this section, personal use shall mean home or family use, including non-commercial social media accounts.

Photographer may use the original raw files, excerpts, and/or reproductions for display or promotional purposes only with the Client's consent.

XIV. RELATIONSHIP

Neither party is, by virtue or 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 and its status at all times. The relationship will continue to be that of an independent contractor relationship.

XV. CONFIDENTIALITY

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud.

XVI. LIMITATION OF LIABILITY

In no event shall Photographer be liable to Client for any amount in excess of the total fees actually paid by Client under this Agreement. 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.

XVII. ASSIGNMENT

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.

XVIII. FORTUITOUS EVENTS

Photographer is not liable for any failure to perform due to causes beyond its reasonable control including but not limited to acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

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

XIX. COMMUNICATIONS

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

Photographer:

Phone number: ________
Email: ________

Client:

Phone number: ________
Email: ________

XX. SUPPORTING DOCUMENTS AND ADDITIONAL ACTS

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

XXI. APPLICABLE LAW

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

XXII. WAIVER

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

XXIII. COUNTERPARTS

This Agreement may be executed in counterparts, all of which constitute a single agreement. If the dates set forth at the signatures of this document are different, the Agreement shall be considered effective as of the date that both Parties signed the Agreement.

XXIV. SEVERABILITY

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

XXV. CUMULATIVE RIGHTS

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.

XXVI. HEADINGS

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

XXVII. VENUE OF ACTION

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

XXVIII. ENTIRETY OF AGREEMENT

This Agreement represents the entire agreement between Photographer and Buyer and supersedes all prior negotiations, representations, agreements, either oral or written.

XXIX. AMENDMENTS AND MODIFICATIONS

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 place first stated above.

________
Photographer

________
Client

ACKNOWLEDGEMENT

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: Driver's License with number ________ which expires on ________

2. ________, with the following competent proof of identification: Driver's License 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 constituting of _________ pages, including this page where the Acknowledgement 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 place first written above.

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