Photography Services Contract - Template, Sample Form Pro · US-law
✓ Valid in United States · drafted to comply with local law
Create your Photography Services Contract - Template, Sample Form for use in United States. Answer a few plain-English questions and the document fills in automatically as you go — then download it in Word and PDF, ready to sign or share. This version has been professionally rewritten to comply with local law.
- Answer 29 simple questions — the document fills in as you go
- Live preview: watch your document update in real time
- Download as Word (.docx) and PDF
- Edit your answers and re-download anytime
Fill in the details
0/29Type below — the document on the right updates as you go.
PHOTOGRAPHY SERVICES AGREEMENT
State of ________
This Photography Services Agreement (this "Agreement") is entered into and made effective as of ________ (the "Effective Date"), by and between ________, having a primary address at:
________
Telephone: ________
Email: ________
and ________, having a primary address at:
________
Telephone: ________
Email: ________
Hereinafter, "Client" refers to ________, and "Photographer" refers to ________. Photographer and Client may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, Client wishes to engage Photographer for certain photography services (the "Photography Services"), as described more fully below;
WHEREAS, Photographer has the skills, qualifications, and expertise required to provide the Photography Services to the Client;
WHEREAS, Photographer wishes to render such Photography Services to Client.
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1 — DEFINITIONS
As used in this Agreement:
§ 1.1 — "Photography Services" means the following specific photography services that Photographer will provide to Client under the terms and conditions set forth herein:
________
§ 1.2 — "Service Details" means the following:
(a) Date of Services: ________
(b) Time of Services: ________
(c) Location Details: ________
§ 1.3 — "Fees" means the payment Client will pay to Photographer for the rendering of the Photography Services, in the total fixed amount of $________ (________), as a fixed fee for all Photography Services rendered.
ARTICLE 2 — ENGAGEMENT
Subject to the terms and conditions of this Agreement, Photographer agrees to render the Photography Services to Client, and Client agrees to pay Photographer the Fees required for the Photography Services.
ARTICLE 3 — FEES AND PAYMENT
§ 3.1 — Method of Payment. Photographer will accept the following forms of payment:
________
§ 3.2 — Payment Schedule. Payment of all Fees shall be made as follows:
(a) A non-refundable Booking Fee of $________ (________) due on ________; and
(b) A Final Fee of $________ (________) due on ________.
§ 3.3 — Late Payment. Any Fees not paid when due shall bear interest at the lesser of ________% per month or the maximum rate permitted by applicable law, from the due date until paid in full.
§ 3.4 — Taxes. All charges payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by any state or federal government. Taxes imposed upon or required to be paid by either Party shall be the sole and exclusive responsibility of that Party.
ARTICLE 4 — EXCLUSIVITY
Photographer shall be the sole and exclusive photographer for the Service Details set forth above.
ARTICLE 5 — NO GUARANTEE OF POSES OR CIRCUMSTANCE
Client acknowledges and agrees that Photographer cannot guarantee any specific poses or photographs. If Client wishes to have certain poses or photographs, Photographer will make every reasonable effort to include such poses but does not warrant that such poses or photographs will turn out in the manner Client wishes or that they will be usable for Client's needs.
Photographer shall not be liable for any compromised Photography Services due to causes beyond Photographer's reasonable control, such as weather, decorations, lighting, or any other causes or factors.
ARTICLE 6 — PERMITTING
If any permits or licenses are required, Client is solely responsible for obtaining such permits or licenses, and Photographer shall not be liable for any failure of Client to do so.
ARTICLE 7 — INTELLECTUAL PROPERTY
Photographer holds all copyright in and to any images produced under this Agreement, pursuant to the Copyright Act of 1976 (17 U.S.C. § 101 et seq.). Photographer will not transfer copyright in the images, but grants Client a limited, non-exclusive, non-transferable license for personal use of the images as follows:
________
Any use beyond that which is described above shall constitute copyright infringement and is prohibited. Client hereby grants Photographer the right to use, display, reproduce, and publish the images for Photographer's portfolio, marketing, and promotional purposes, unless otherwise agreed in writing.
ARTICLE 8 — COOPERATION
Client and Photographer agree to cooperate with each other for the duration of the Parties' relationship. Client will provide advance notice of any special moments to Photographer so that Photographer may be prepared to capture such events. Photographer will use skill, discretion, and experience to ascertain the best photographs possible for Client, but does not guarantee any end result.
It is Client's responsibility to ensure all photography sessions described in the Service Details run on time. Photographer does not guarantee availability for any session that does not start on time or that runs over time. Further, Client may remain responsible to Photographer for the payment of any Fees due, regardless of the late operation of any session because of Client's fault or any unforeseen circumstance not attributable to Photographer.
ARTICLE 9 — PHOTOGRAPHER SAFETY
Should Photographer be subjected to any hostile words, threats, or other inappropriate, threatening, or violent behavior, Photographer reserves the right to immediately terminate this Agreement. Any funds already paid to Photographer upon such termination shall be forfeited by Client.
ARTICLE 10 — RELATIONSHIP OF THE PARTIES
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, and Photographer's status at all times shall continue to be that of an independent contractor.
ARTICLE 11 — SUBCONTRACTORS
Photographer shall not be permitted to use subcontractors in the provision of Photography Services to Client. Photographer was retained specifically for Photographer's own skill set and may not outsource any work without Client's prior written consent.
ARTICLE 12 — EXPENSES
Photographer shall be solely and exclusively responsible for any expenses incurred under this Agreement. Client shall have no obligation to pay or reimburse any such expenses, except as otherwise expressly agreed in writing.
ARTICLE 13 — CANCELLATION
Should Client cancel this Agreement prior to Photographer's completion of any work, Client shall not be entitled to a refund of any funds already paid, including the non-refundable Booking Fee. Future payments will be canceled, except for any amounts that have accrued and become due prior to cancellation.
ARTICLE 14 — WARRANTIES
Photographer represents and warrants that it will perform the Photography Services using reasonable care and skill consistent with prevailing professional standards in its field, and that any results, end products, or materials provided by Photographer to Client under this Agreement will not infringe upon or violate the intellectual property rights or any other right of any third party.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, PHOTOGRAPHER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 15 — INDEMNIFICATION
Client agrees to indemnify, defend, and hold harmless Photographer and its officers, employees, agents, and representatives from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Client's use of the Photography Services, Client's breach of any term of this Agreement, or any negligent or wrongful act or omission of Client.
This indemnification obligation shall survive the termination or expiration of this Agreement.
ARTICLE 16 — LIMITATION OF LIABILITY
In no event shall Photographer be liable to Client for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or loss of use, arising out of or in connection with this Agreement, whether based in contract, tort, or any other legal theory, even if Photographer has been advised of the possibility of such damages.
In any event, Photographer's total aggregate liability under this Agreement shall not exceed the total amount of Fees actually paid by Client to Photographer under this Agreement.
ARTICLE 17 — TERMINATION
This Agreement shall terminate automatically upon completion of Photographer's work.
This Agreement may also be terminated by either Party upon written notice:
(a) if the other Party commits a material breach of any term of this Agreement that is not capable of being remedied within fourteen (14) days, or that should have been remedied within fourteen (14) days after a written request and was not; or
(b) if the other Party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform.
No ongoing relationship between the Parties is contemplated, and Client may not assign additional work to Photographer. The Parties may, through a written addendum to this Agreement, expand the scope of the Photography Services, but only by a writing with explicit terms signed by both Parties.
ARTICLE 18 — DISPUTE RESOLUTION
The Parties shall first attempt in good faith to resolve any dispute arising out of or relating to this Agreement through negotiation. Any dispute not resolved through negotiation shall be resolved by binding arbitration administered by a mutually agreed arbitrator in accordance with the rules of the American Arbitration Association, conducted in ________, or, at either Party's election, in the courts identified in § 19.1. The prevailing Party shall be entitled to recover its reasonable attorneys' fees and costs.
ARTICLE 19 — GENERAL PROVISIONS
§ 19.1 — GOVERNING LAW AND VENUE. This Agreement shall be governed in all respects by the laws of the State of ________, without regard to its conflict-of-laws principles, together with any applicable federal law. Both Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive.
§ 19.2 — LANGUAGE. All communications made or notices given pursuant to this Agreement shall be in the English language.
§ 19.3 — ASSIGNMENT. This Agreement, and the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by either Party without the prior written consent of the other Party.
§ 19.4 — AMENDMENTS. This Agreement may be amended only by a writing signed by both Parties.
§ 19.5 — NO WAIVER. None of the terms of this Agreement shall be deemed waived by any act or acquiescence of either Party. Only a written agreement may constitute a waiver of any term. No waiver of any term shall constitute a waiver of any other term or of the same term on a future date. Failure of either Party to enforce any term shall not constitute a waiver of such term or any other term.
§ 19.7 — ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.
§ 19.8 — HEADINGS. Headings are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
§ 19.9 — COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be executed in counterparts, including by electronic signature pursuant to the federal E-SIGN Act (15 U.S.C. § 7001 et seq.) and applicable state law, each of which shall constitute an original and all of which together shall constitute a single agreement. If the dates set forth below are different, this Agreement shall be effective as of the later date on which both Parties have signed.
§ 19.10 — FORCE MAJEURE. 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, pandemics, natural disasters, and other unforeseen circumstances.
EXECUTION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
PHOTOGRAPHER:
Name: ________
Signature: _________________________
Date: ________
CLIENT:
Name: ________
Signature: _________________________
Date: ________
Fields you complete are inserted into the document live. This template is general guidance only — not legal advice.