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CONTRACT CONTENTS

ARTICLE I

  • DUTIES, SPECIFICATIONS, AND COMPENSATION
  • RESPONSIBILITIES OF THE PHOTOGRAPHER
  • RESPONSIBILITIES OF THE CLIENT
  • ADDITIONAL SERVICES
  • TERM
  • RESULTS AND PROCEEDS
  • PUBLICITY
  • USE OF PHOTOGRAPHER’S NAME
  • NO OBLIGATION TO USE
  • PHOTOGRAPHER’S REPRESENTATIONS AND WARRANTIES
  • CLIENT’S RIGHTS
  • THIRD PARTIES; TAXES
  • TERMINATION
  • DEFAULT BY PHOTOGRAPHER
  • ASSIGNMENT

ARTICLE II

  • GENERAL PROVISIONS

CONTRACT SAMPLE

This ‘PHOTOGRAPHY SERVICES AGREEMENT’ (“Agreement”) is made by and entered into between

[PHOTOGRAPHER NAME] (the “Photographer”) and [CLIENT NAME] (the “Client”), and is executed as a binding agreement as of the Effective Date (Photographer and Client are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).

BACKGROUND AND PURPOSE

  1. WHEREAS, the Client wishes to engage the Photographer as an independent contractor for the Client for the purpose of taking photographs (the “Photographs”) on the terms and conditions set forth below;
  2. WHEREAS, the Photographer wishes to take the Photographs in accordance with the terms of this Agreement; and
  3. WHEREAS each Party is duly authorized and capable of entering into this Agreement.

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Photographer and the Client agree as follows:

 

ARTICLE I

  1. DUTIES, SPECIFICATIONS, AND COMPENSATION

(a)  Duties – The Photographer will perform the following Services in connection with his/her taking of the Photographs:

[OPTIONAL PROVISION]

(b) Specifications – The Parties agree to the following additional specifications about the Services to be provided:

(c)  Delivery Schedule – The Services will commence on or about [DATE] and continue until complete delivery of the Photographs by the Photographer to the Client. The Photographs will be delivered as follows:

(a)  Proof sheets on

(b)  Prints / slides on

If the Client requests additional Photographs, the delivery schedule will be mutually determined by the Parties. The Parties acknowledge that time is of the essence.

(d) Compensation – The Client shall pay the Photographer the amount of [$AMOUNT] ([$###]). This is a one-time compensation for Photographer’s services (sometimes known as a work-for-hire) and Photographer understands that this will comprise Photographer’s complete and sole payment.

  1. RESPONSIBILITIES OF THE PHOTOGRAPHER

The Photographer agrees to do each of the following:

(a)  Take the Photographs and perform the Services set forth above.

(b)  Devote as much productive time, energy, and ability to the performance of its duties hereunder as may be necessary to provide the required Services in a timely and productive manner.

(c)  Perform the Services in a safe, good, and workmanlike manner, providing its best processional efforts and using at all times adequate equipment in good working order.

(d)  Communicate with the Client regarding progress the Photographer has made in taking the Photographs and performing the Services.

(e)  Supply all equipment and supplies required to perform the Services under this Agreement, except to the extent that the Photographer’s work must be performed on or with the Client’s property.

(f)   Provide services (including the Services) and end products that are satisfactory and acceptable to the Client.

(g)  Remove, replace, or correct all or any portion of the Photographs found unsuitable, without additional cost or risk to the Client.

  1. RESPONSIBILITIES OF THE CLIENT

The Client agrees to do each of the following:

(a)  Engage the Photographer as an independent contractor to take the Photographs and perform the Services set forth in Section 1 to this Agreement.

(b)  Provide relevant information or support to assist the Photographer with the performance of the Services.

(c)  Satisfy all of the Photographer’s reasonable requests for assistance in its performance of the Services.

  1. ADDITIONAL SERVICES

If the Client requests additional Photographs because of the Photographer’s failure to produce appropriate Photographs, as determined by the Client, the Photographer will take such additional Photographs at its own cost. The Parties will mutually determine a delivery date for the additional Photographs.

Continued…

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