General Photography/Videography Session Agreement Per Project/Invoice Terms.
This agreement is between Ellum Studios (hereafter “Photographer” “the Photographer” or “Photography Company”) and the Billable/Invoiced Client noted on your order number/and or invoice (hereafter referred to as “CLIENT”).
- 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 the specified time and location.
PHOTOGRAPHER is not required to provide a specific total number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum noted on the invoice and/or online amount. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50%
(fifty-percent) of the total price of the photography services for specified projects (over $500 and/or out of the standard service area). 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, the initial payment may/will not be returned to CLIENT unless otherwise noted on any invoices provided to client.
The balance (if applicable) of the payment for photography services must be paid in full no later than 7 days after the SHOOT detailed in Section 1: Scope of Work. If CLIENT is required to purchase photos separately after the SHOOT,
payment for those photos is due before delivery of photos to client unless otherwise noted on any invoices provided to client.
- Work Product
All photos delivered to CLIENT are licensed for CLIENT’S personal use only unless otherwise noted on any invoices provided to client.
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 180 (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.
- 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.
- 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.
- 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 only with permission.
- 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.