Short-Form General Photography Contract
This agreement is between Bruce Bowers Photography (hereafter “Photographer” “the Photographer” or “Photography Company”) and ________________________________________________________ (hereafter referred to as “CLIENT”).
1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the following time and place.
PHOTOGRAPHER and CLIENT are to arrive for the SHOOT at ______________(time) on ____________________________at __________________________________________________________________________________________________________(place).
PHOTOGRAPHER agrees to provide no fewer than ______________ proofs in numbered digital form at a resolution of 72 dpi for CLIENT to view online within seven days after the shoot and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing services on these proofs where artistically necessary but the images will not, at this point, be fully edited.
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of _________________________. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, with the exception of illness or personal/family emergency, the initial payment will not be returned to CLIENT.
The balance of the payment for photography services must be paid in full no later than 7 days after receipt of ________________ fully edited and post processed digital images at full 300 dpi resolution as chosen from proofs.
3. Work Product
PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than seven days (7 days) after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs.
All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order.
Are any prints to be included in the price for photography services? YES or NO, If “NO” ALL PRINTS MUST BE PURCHASED SEPARATELY.
If prints are included in the price for photography services, the following will constitute the entirety to be delivered to client and licensed for personal use only.
How many prints will be licensed to CLIENT? _______________________________________
How many prints--included in the price or purchased separately--will be delivered to client, in what sizes, and what materials will be used for printing? ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver prints in a reasonable amount of time after the CLIENT has made a final order.
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. Duty of Client
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Exclusive Photographer
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
7. Model Release
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.
9. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
BRUCE BOWERS PHOTOGRAPHY retains all rights, license, copyright, title, and ownership of the Media, now and in the future.
Once payment has been received, BRUCE BOWERS PHOTOGRAPHY grants CLIENT a non-exclusive, non-transferable, perpetual license to download and copy any purchased copyrighted digital images (“Media”). BRUCE BOWERS PHOTOGRAPHY its heirs, successors and assigns, retains unlimited permission to license, use, reproduce and distribute these images of me and/or my property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. Client has no right to inspect or approve the final use of my images or copy that may accompany it or right to compensation for use of these images. Client will make no claim against BRUCE BOWERS PHOTOGRAPHY, or his assigns for compensation relating to the use of images.
What You May Do: Display on websites, social media, and computers. Make image prints up to 8″x10″.
What You May Not Do: Resell, re-license, sub-license, or redistribute without express written permission from BRUCE BOWERS PHOTOGRAPHY.
PHOTOGRAPHER Signature __________________________________________________
CLIENT Signature: ______________________________________________________________