Commercial Photography Agreement with Juliana Mary
This agreement is between Juliana Mary Nahas (hereafter “Photographer” “the Photographer” or “Photography Company”) and Basic Invite (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”). The work stated here within for Basic Invite is For Hire. PHOTOGRAPHER agrees to provide 1 unique image for 10 full suites for Pinterest, a 15 sec video of 5 of the suites, and 3-5 non-wedding pins for Pinterest to the CLIENT each month. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. Files will be delivered to the client after the project is complete via electronic download.
2. Fees: In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $1500 per month for the work stated above plus $1875 per month to source and purchase props, backdrops, and florals for the SHOOT. CLIENT agrees to pay the photographer in advance of the work beginning each month. Section 1: Scope of Work and before the final images are delivered to the CLIENT. 2.1 Cancelation. If CLIENT cancels a shoot for any reason, the initial payment will not be returned to CLIENT. If PHOTOGRAPHER cancels a shoot initial payment will be returned to CLIENT. 2.2 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. 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 the rights to the images, including but not limited to, the right to copy, display, and/or publish the images for purposes 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.
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.
Electronic Signature. This Agreement may be signed via electronic means, which will be fully binding as an original signature.