Commercial Photography Agreement with Veraly & Company
This agreement is between Veraly & Company (hereafter “Photographer” “the Photographer” or “Photography Company”) and Nostalgic Imprints (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”). PHOTOGRAPHER agrees to provide no fewer than 80 images to the CLIENT. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.
2. Fees: In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $1500.00. 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. If CLIENT cancels this shoot for any reason, 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 the SHOOT detailed in Section 1: Scope of Work and before the final images are delivered to the CLIENT. 2.1 Refunds. Due to the custom nature of custom product and commercial photography, digital files cannot be returned and all money paid is nonrefundable.
3. Work: Product PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than ten days (10 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 commercial or personal use. Photos from the SHOOT to be delivered to the client will be according to the following order.
4. Indemnification: 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, however, an agreed upon shot list will be discussed prior to 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. Copyright: Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client is receiving a Limited Commercial Use License as set forth below. Photographer retains all rights to the images, including but not limited to, the right to copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website, portfolio, blog, and social media platforms, including, but not limited to, Facebook, Instagram, Twitter, Pinterest, and Google +. Copyright protection is governed by federal and any and all violators will be punished to the fullest extent permitted by law.
Amendment to 5 Copyright (above): PHOTOGRAPHER agrees that following completion of the shoot the PHOTOGRAPHER will retain rights to two (2) images per shoot for PHOTOGRAPHER’S use in marketing, advertising, and/or social media. All other images will be released to the CLIENT and the CLIENT will thereby be the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement.
Amendment 5.1 Per CLIENT request, PHOTOGRAPHER agrees to keep private client name and information in any and all marketing and will not disclose CLIENT’S name or business.
6. Editing. Client agrees and understands that Photographer edits the proofs at her own artistic discretion, and said editing is included in the session fee. Additional heavy editing will be charged at any extra rate of $10 per image.
Amendment 7. Products: All products and materials sent by CLIENT to PHOTOGRAPHER will not be used for any other purpose than the shoot as outlined above. All materials will be held by PHOTOGRAPHER up to 30 days after the shoot and may be returned to the CLIENT upon request. PHOTOGRAPHER is not required to keep products after 30 days following the shoot. CLIENT will be invoiced for shipping and postage costs of products returned to CLIENT by mail. CLIENT agrees that PHOTOGRAPHER will not be held responsible for the condition of products upon return or lost/damaged products while in transit.
Electronic Signature. This Agreement may be signed via electronic means, which will be fully binding as an original signature.
50% payment to begin work; shoots tentatively scheduled for June 25th and June 27th with final images returned by July 3rd. Balance due prior to delivery of final images.