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How to write your Photography Services Contract

We include this 4 page template with Photography/Media Contract Pack and the Proposal Kit Professional. You will get more content and software automation for data merging, managing client documents, and creating proposals with line item quoting with a Contract Pack or the Professional.

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The Photography Services Agreement is used for providing general photography and printing services to your customers.
Document Length: 4 Pages
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1. Get Photography/Media Contract Pack or the single template that includes this business contract document.

We include this contract in editable Word format that can be customized using your office software.

2. Download and install after ordering.

Once you have ordered and downloaded your template or pack, you will have all the content you need to get started.

3. Customize the contract template with your information.

You can customize the contract document as much as you need. If you get a Contract Pack or Professional Bundle, you can also use the included Wizard software to automate name/address data merging.

Photography Services Contract

How to write my Photography Services Contract document

CUSTOM PHOTOGRAPHY AGREEMENT

THIS AGREEMENT is made this Current Day day of Current Month, Current Year by and between Company Name ("Photographer") and Company Name ("Customer"). Photographer is in the business of providing custom photography and printing services for a fee. Customer desires to have Photographer render specific services (the "Services" or "Photographer's Services") as set forth in Exhibit B.

Services shall be rendered on a specific date (the "Event") as set forth in Exhibit B.

In consideration of the mutual covenants set forth in this Agreement, Customer and Photographer hereby agree as follows:

Engagement of Services

Photographer agrees to render to Customer as follows:

Provide to Customer a pre-event consultation prior to the Event in order to finalize specific shooting times (the "Times"), determine any custom shots (the "Shots"), or set forth any locations (the "Locations") that Photographer will be required to travel to in order to render the Services to Customer. Customer has the sole responsibility for arranging this pre-event consultation with Photographer, and failure of the occurrence of a pre-event consultation shall not constitute breach of this Agreement. Provide the agreed Services on the dates, Times, and Locations as agreed upon in the Specifications, and provide images taken during the Event (the "Proofs") to Customer as soon as they are available.

Provide proof of agreed-upon expenses associated with the Event and the execution of Photographer's Services and present them to Customer for approval. Provide to Customer a post-event consultation in order to review all images taken during the Event, or otherwise arrange for the insured delivery of any images or other related materials. Provide other such services as Customer may request from time to time, such as additional Shots, assistance to Customer's staff and employees or additional project consulting. Provide to the Customer ordering and photographic reproduction services.

Specifications

Photographer agrees to provide the Services pursuant to the specifications set forth in Exhibit B attached hereto (the "Specifications").

Delivery of Proofs

Photographer will use reasonable diligence in the development of the Proofs and endeavor to deliver to Customer all agreed upon Specifications outlined in Exhibit B no later than Delivery Date. Customer acknowledges, however, that this delivery deadline listed in Exhibit A, is an estimate, and is not a required delivery date. Photographer will retain all rights to any and all photographic materials, custom Shots, proofs, or other intellectual property for the entire project and will provide the Customer with the output formats only. Customer shall retain all of Customer's intellectual property rights in any logos, graphics, text, images, or other components owned and transmitted to Photographer for use in fulfillment or creation of Services.

Ownership Rights

Photographer shall retain, under the fullest extent under the law, any and all film, digital files, proofs, samples, prints, or negatives created or produced for Customer pursuant to this Agreement. Customer agrees to return to Photographer any materials Customer may have of Photographer's such as artwork, mock-ups, comps, text, digital media, film, images, or any other physical or digital embodiment of Photographer's creative work performed under this Agreement. Upon termination or expiration of this Agreement, Customer agrees to be solely responsible for any additional use of materials and advertisements created by Photographer pursuant to this Agreement.

Additional expenses may include, but are not limited to: Fees, Licenses, Translations, Royalties, Talent, and other associated fees. Photographer's obligation in 4.a shall not apply in any respect to foreign use.

Compensation

For all of Photographer's Services under this Agreement, Customer shall compensate Photographer in cash, pursuant to the terms of Exhibit A attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit A by the deadline set forth in Exhibit A, Photographer has the right, but is not obligated, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) withhold all materials, Services, and content, (3) bring legal action.

Limited Warranty and Limitation on Damages

Customer agrees to indemnify and hold Photographer harmless with respect to any claims, loss, lawsuit, liability, or judgment suffered by Customer which results from the use of any material prepared by Photographer or execution of Service by Photographer or at the direction of Photographer, which has been materially changed from the Specifications.

Resources and Equipment

Photographer agrees to make available any items, hardware, or software as Customer and Photographer may agree are reasonably necessary for such purpose. Specific items, hardware or software requirements are listed on Exhibit B attached hereafter.

General Provisions

1 Entire Agreement

This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto.

2 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of State. Exclusive jurisdiction and venue shall be in the County County, State Superior Court.

3 Binding Effect

This Agreement shall be binding upon and inure to the benefit of Customer and Photographer and their respective successors and assigns, provided that Photographer may not assign any of his obligations under this Agreement without Customer's prior written consent.

4 Waiver

The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

5 Good Faith

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

6 Right to Withhold Content and Creative Services

In the event Customer fails to make any of the payments set forth on Exhibit A within the time prescribed in Exhibit A, Photographer has the right to withhold any materials, photographic or otherwise, or to suspend any further creative or administrative Services performed on behalf of Customer until payment in full is received, plus accrued late charges of 1 1/2% per month.

7 Indemnification

Customer warrants that everything Customer gives Photographer to use in fulfillment of Services is legally owned by or licensed to Customer. Customer agrees to indemnify and hold Photographer harmless from any and all claims brought by any third party relating to any aspect of the Services, creative or other content, including, but without limitation, any claims resulting from missed Shots, missed Times, inaccessibility to Locations, weather related problems, inaccessibility or lack of cooperation from critical employees, staff, or other personnel required by Photographer in order to meet any of the deliverables or obligations listed in Exhibit B; difficulty in gaining any access to the agreed upon Locations or any demands, liabilities, losses, costs, and claims, including attorney's fees, arising out of injury caused by Customer's products/services, material supplied by Customer, copyright infringement, and defective products sold via the advertising or Services. Further, Customer agrees to indemnify Photographer from responsibility for problems/disruptions caused by third-party services and contractors that Customer may use such as reproduction services, enlargements, digital processors, transportation, shipping or hosting services, film processing, and other services that relate to the execution of the Services outlined in this Agreement by Photographer.

8 Use of Services and Creative Content for Promotional Purposes

Customer grants Photographer the right to use or otherwise reproduce the proofs, images, creative content, description of Services performed, results of Services or testimonials as Photographer sees fit for promotional-only purposes.

9 Limitation of Damages

Customer agrees that the only damages available under this Agreement shall be limited to the total amount of compensation paid to Photographer and that this shall be the sole remedy to Customer for damages under this Agreement.

10 Attorney's Fees

In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual attorney's fees and costs, including expert witness fees.

11 Term of Agreement

This agreement shall begin on Start Date and shall continue in full force until terminated by either party upon at least thirty (30) days prior written notice. The parties represent and warrant that, on the date first written above, they are authorized to enter into this Agreement in its entirety, and duly bind their respective principals by their signatures below.

The complete Photography Services Contract - with the actual formatting and layout - is available as a single template or as part of a library of related templates in a Contract Pack or the Professional Bundle.
Photography Services Contract

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Alternate documents are those which may be used instead of this document depending on your situation. Alternate documents may be better suited for projects of different sizes, more specialized projects, and variations on rights.

Alternate Documents

Related documents may be used in conjunction with this document depending on your situation. Many related documents are intended for use as part of a contract management system.

Related Documents

Key Takeaways

  • The Photography Services Contract is available as a ready-to-edit template.
  • The Contract Packs and Professional Bundle include many related agreements and documents.
  • You can automate financials and data merging into contracts using a Contract Pack or Professional Bundle.
  • You can also create business proposals and integrate your contracts using the Professional Bundle.
  • There are no ongoing subscription fees. You get lifetime unlimited use.

How to Build a Legal Contract with Proposal Kit

This video illustrates how to create a legal contract using the Proposal Pack Wizard software. It also shows how to create a proposal with an invoice and contract at the same time.

Frequently Asked Questions

How do I customize this contract to fit my business needs?

Customizing this contract involves editing the document to include your business details, terms, and conditions. The templates are designed to be flexible, allowing you to insert your company's name, address, and other relevant information. You can modify clauses to reflect your unique business practices and legal requirements.

Is this contract compliant with laws and regulations?

The legal contract templates are written by legal professionals and designed to comply with current laws and regulations at the time of their writing. However, laws can vary by jurisdiction and change over time, so it's recommended to have your contract reviewed by a local attorney to ensure it meets all legal requirements specific to your region and industry. Templates are licensed as self-help information and not as legal advice.

Can I use the same contract for different clients or projects?

You can use the same contract for different clients or projects. The templates are versatile and easily adapted for various scenarios. You will need to update specific details such as client names, project descriptions, and any unique terms for each new agreement to ensure that each contract accurately reflects the particulars of the individual client or project.

What should I do if I encounter a clause or term I don't understand?

If you encounter a clause or term in the contract that you need help understanding, you can refer to guidance notes explaining each section's purpose and use. For more complex or unclear terms, it's advisable to consult with a legal professional who can explain the clause and help you determine if any modifications are necessary to suit your specific needs.

How do I ensure that the contract is legally binding and enforceable?

To ensure that the contract is legally binding and enforceable, follow these steps:

  • Complete all relevant sections: Make sure all blanks are filled in with accurate information.
  • Include all necessary terms and conditions: Ensure that all essential elements, such as payment terms, deliverables, timelines, and responsibilities, are clearly defined.
  • Signatures: Both parties must sign the contract, and it is often recommended that the contract be witnessed or notarized, depending on the legal requirements in your jurisdiction.
  • Consult a legal professional: Before finalizing the contract, have it reviewed by an attorney to ensure it complies with applicable laws and protects your interests.

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Disclaimers

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