PHOTOGRAPHY SERVICE AGREEMENT
I. The Parties. This Photography Service Agreement (“Agreement”) is made as of January 1, 2023 (the “Effective Date”), by and between:
Photographer: DELAINY WINTER PHOTOGRAPHY, LLC, a Washington limited liability company, with a mailing address of 11503 NW 29th Place, Vancouver, WA, 98685 (“Photographer”), AND Client (“Client”), Photographer and Client are each referred to herein as a “Party” and, collectively, as the “Parties”
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Photographer to work under the terms and conditions hereby agreed upon by the Parties:
II. Term. The term of this Agreement shall commence on January 1, 2023 and terminate: December 31, 2023.
III. The Service. The Photographer agrees to provide the following services (the “Service”): Portrait Photography
IV. Payment Amount. The Client agrees to pay the Photographer the specified compensation for the service performed under this Agreement (the “Payment Amount”):
$ / Flat Rate
V. Payment Method. The Client shall pay the Payment Amount: by specified date. Hereinafter known as the “Payment Method”. The Payment Amount and Payment Method collectively shall be referred to as “Compensation”.
VI. Retainer. The Client is to pay a retainer in the specified amount of to the Photographer as an advance on future Services to be provided (Retainer). Retainer is Non-Refundable.
VII. Location Costs & Fees: In the event that a requested location has any costs/fees associated, the client will be responsible for those fees.
VIII. Cancellation/Postponement: Client understands that by entering into this Agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, retainer fees are non-refundable. Forty-eight hours (48) notice of postponements or cancellations is required. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
IX. Cooperation/No Shows: If Client is under 18 years old, this Contract must be signed by a parent or guardian. Such parent or guardian must be present for the photography session. Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session. If Client and/or key individuals fail to appear to a scheduled portrait session, the retainer is non-refundable.
X. Exhibition: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
XI. Digital Negatives, Prints & Copyright: All images and copyrights are the property of Photographer. In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain.
The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
XII. Limit Of Liability: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect, consequential, or punitive damages.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against the person and their business.
Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
XIV. Return of Property. Upon the termination of this Agreement, all property provided by the Client, including, but not limited to, cleaning supplies, uniforms, equipment, and any other items must be returned by the Photographer.
XV. Independent Contractor Status. Photographer is an independent contractor and not an agent, partner, joint venture, nor an employee of the Client.
XVI. Attorney Fees. In the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall be reimbursed by the other Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.
XVII. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of Washington.
XIX. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
XXI. Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers.