Montgomery Photographic Arts General Photography Contract
This agreement is between Montgomery Photographic Arts (hereafter referred to as “Photographer” or “Photography Company”) and you, the client (hereafter referred to as “Client”).
1.Scope of Work:
This contract is for services and products related to a photography shoot (hereafter referred to as “the shoot”) to take place at a mutually agreed upon time and location.
PHOTOGRAPHER agrees to provide no fewer than 20 images for the CLIENT resulting from a 60-90 minute photo session. PHOTOGRAPHER is not required to provide more than this number of images. PHOTOGRAPHER will perform basic image editing services on these images where artistically necessary, at the PHOTOGRAPHER’S discretion.
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the agreed upon amount, which includes a non-refundable initial payment totaling 50% (half) 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. PHOTOGRAPHER agrees to not advertise availability of the same time slot to any other potential clients. If CLIENT cancels this SHOOT for any reason, the initial payment will not be refunded.
The balance of the payment for photography services must be paid in full on the day of your appointment. If CLIENT chooses to purchase additional images or would like to purchase prints after the SHOOT, payment for those photos will be due when the order is requested.
3. Work Product
PHOTOGRAPHER will deliver images to CLIENT no more than thirty days (30 days) after the date of the SHOOT. CLIENT understands and agrees that all images are property of PHOTOGRAPHER. All images delivered to CLIENT are for personal use only. If CLIENT shares any image on any social media platform, CLIENT agrees to tag PHOTOGRAPHER’S social media account(s) and give copyright credit to PHOTOGRAPHER. CLIENT ALSO AGREES NOT TO EDIT ANY IMAGE if sharing, so as not to create a false representation of PHOTOGRAPHER'S work.
PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
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.
CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure including, but not limited to, data loss.
CLIENT understands and agrees that PHOTOGRAPHER is not required to retain any copies of the images from this shoot 60 (sixty) days after the SHOOT.
CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with the PHOTOGRAPHER at any time during the SHOOT.
PHOTOGRAPHER will strive to present images consistent with the CLIENT’S desires, but is not required to cater to specific aesthetic preferences of CLIENT.
5. Duty of Client
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of properties, buildings, 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. CLIENT agrees to assume financial responsibility for any and all expenses related to location permissions.
6. Exclusive Photographer
CLIENT agrees and understands that no other party other than PHOTOGRAPHER or their assigns, licensees, or contractors may take pictures of any poses, lighting situations, or setups made by the PHOTOGRAPHER. This slows the PHOTOGRAPHER’S work and violates the PHOTOGRAPHER’S right to document the event. CLIENT agrees to take responsibility for insisting that no person(s) interfere with the PHOTOGRAPHER’S ability to work.
7. Model Release
CLIENT grants to PHOTOGRAPHER and its assigns, licensees, and contractors, 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. PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website, social media platform, or any form of advertising. PHOTOGRAPHER may sell images containing CLIENTS’ likeness to third parties.
8. 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 a specific photographer. PHOTOGRAPHER may subcontract or assign this contract as PHOTOGRAPHER sees fit. PHOTOGRAPHER may assign any photographer associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract.
9. Understanding this Contract
This online version of our contract is available for your convenience. In lieu of signing a paper contract, this will serve as our agreement for services rendered. You understand that entering your name and email address below certifies that you are the CLIENT, as described above and on our intake form, and you agree to these terms of service.