Photography Services Agreement

 

1. Engagement of Photographer

1.1 Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide, the photography services described in this Section 1.1 (the “Services”).

 

Description of Services: This agreement pertains to one or more of the following:

  • One game sports action photography session. 90 minutes maximum.
  • Sports portrait session.
  • Sports poster session. One or Two photos only depending on poster.

1.2 Work Product. As part of the Services the Photographer will take action to create materials from images taken by Photographer. "Images" means photographic material, whether still or moving, created by Photographer and includes, but is not limited to, transparencies, negatives, prints, digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.

Photographer will deliver no fewer than 20 full size and full resolution .jpg digital images to Client within 30 days after date of services and only if client has paid the contract price in full. Client understands that prints or additional products and items are at an additional cost and will take longer for delivery than the digital items. There will be NO refund on prints or additional materials ordered by Client. Photographer retains the rights to the RAW images and will not release RAW images to the client.

2. Fees and Payment

2.1 Fees. Client will pay Photographer the fees set out herein in this Section 2.1 (“Fees”), including any applicable federal or state/provincial sales or value-added taxes due on such Fees.

  • Total Fee for Services: $250
  • Deposit (non-refundable): $62.50
  • Amount Due: $187.50

Venmo @mvp-photography OR Credit/Debit Card

3. Client Responsibilities

3.1 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.

4. Photographer Responsibilities

4.1 Equipment. Client will not be required to supply any photography equipment to Photographer.

4.2 Manner of Service. Photographer will ensure that the Services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities.

4.3 Photography Staff. Photographer will ensure that all Photography Staff (employees, assistants or other parties engaged by Photographer to assist with the Services): 

  • comply with the reasonable directions of Client from time to time regarding the safety of attendees or participants at the photo shoot and applicable health, safety and security requirements of any locations where the Services are provided;
  • ensure that Work Product meets the specifications set out in Section 1.1 in all material respects.
  • Photographer will be responsible in every respect for the actions of all Photography Staff.

5. Artistic Release

5.1 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.

5.2 Style. Client acknowledges and agrees that:

  • Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographer will perform the Services in a similar style
  • Photographer will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
  • Disagreement with Photographer’s aesthetic judgement or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

6. Term and Termination

6.1 Rescheduling. In the event of Rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Services.

6.2 Refund. Client acknowledges and agrees that Cancellation by Client will result in a 75% refund of monies paid to the Photographer. There will be a 25% of the session cost as a cancellation fee.

6.3 Cancellation by Photographer. In the event that Photographer is unable to perform the Services, Photographer shall refund any monies paid to Photographer by Client. Possible reasons for cancellation include, but are not limited to: illness, equipment failure, weather conditions, etc...

7. Ownership of Work Product by Photographer

7.1 Ownership of Work. Photographer will own all right, title and interest in all Work Product. Client (on behalf of itself and any attendees or participants at the photo shoot) hereby grants Photographer and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Client Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s services, including in connection with Photographer’s studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer from using Client Materials as provided herein. Due to the sensitive nature of some types of photography, the photographer and client will decide together the photos that photographer may share. If Client feels their photo shoot is of a sensitive nature, this must be communicated with the photographer prior to the shoot.

8. Limited License to Client

8.1 Personal Use. Photographer hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s prior written consent, including but not limited to use of the Work Product for commercial sale. If client wishes to use Work Product for commercial use this must be discussed and agreed upon prior to signing this contract.

9.  Indemnity and Limitation of Liability

9.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.

9.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned within 15 days of the date of termination of the Agreement.

9.3 Failure to Deliver . Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees or participants at the photo shoot that are beyond the control of Photographer (e.g., camera flashes).

9.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s maximum liability arising out of or related to the Services or the Work Product shall not exceed the total Fees payable under this Agreement.

10. General

10.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:

  • Photographer’s Email:

10.2 Survival. Articles 7, 8, 9 and 10 will survive termination of this Agreement.

10.3 Governing Law. This Agreement will be governed by the laws of Utah/USA

10.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.

10.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.

10.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.