Establish terms for event photography services: Event Photography Contract

 

 

This Event Photography Contract (the "Contract") is made effective as of (the "Effective Date"), by and between of , , (the "Photographer"), and of , , (the "Client").

 

DESCRIPTION OF SERVICES

On , the Photographer will provide to the Client the following photography services (collectively, the "Services"):

 

 

PERFORMANCE OF SERVICES

(1) The Photographer agrees to take photographs as per the Client's stated requests, allowing for artistic expression;

 

(2) The Photographer agrees to use high technical quality to meet the Client's needs, for web or print;

 

(3) The Photographer will use digital photography and color management consultancy knowledge to create photographs for the Client; and

 

(4) The Photographer shall provide the Client with a look book or samples of the final proofs within days.

 

PAYMENT

(1) The Client agrees to pay the Photographer a lump sum of in consideration for the photography services to be rendered by the Photographer In consideration for this fee, the Photographer will devote hours to cover the event. The fee will be paid by .

 

(2) The Photographer will provide proofs and/or a look book to the Client to review for final purchase of pictures.

 

TERMS

The Photographer and the Client agree that this Contract shall commence on the above date and that same shall terminate on . Said agreement may be extended and/or renewed by agreement of all parties memorialized in a subsequent amendment thereafter.

 

WORK PRODUCT OWNERSHIP

Any copyrightable works, ideas, discoveries, products, or other information (collectively, the "Work Product") developed in whole or in part by the Photographer in connection with the Services will be the exclusive property of the . Upon request, the Photographer will execute all documents necessary to confirm or perfect the exclusive ownership of the to the Work Product.

 

RELATIONSHIP OF PARTIES

It is understood by the parties that the Photographer is an independent contractor with respect to the Client, and not an employee of the Client.

 

COURTESY

The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client. The Client and the Photographer agree that positive cooperation and punctuality are therefore essential.

 

INDEMNIFICATION

 

DEFAULT

The occurrence of any of the following shall constitute a material default under this Contract:

 

a. The failure to make a required payment when due.

 

b. The insolvency or bankruptcy of either party.

 

c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

 

d. The failure to make available or deliver the Services in the time and manner provided for in this Contract.

 

REMEDIES

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

 

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

ENTIRE CONTRACT

This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

 

SEVERABILITY

If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

AMENDMENT

This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

 

GOVERNING LAW

This Contract shall be governed by the laws of the .

 

NOTICE

Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

 

WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

 

ASSIGNMENT

Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

 

SIGNATORIES.

This Agreement shall be signed by and by , .