Photography Services Agreement
PORTRAIT PHOTOGRAPHY SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of [Insert Current Date] (the “Effective Date”) by and between [Client's Full Name] (the “Client”), and Jason Anderson Photography LLC. (the “Photographer”).
1. ENGAGEMENT OF PHOTOGRAPHER
1.1 Services. Subject to the terms and conditions of this Agreement, the Client hereby engages the Photographer to provide, and the Photographer agrees to provide, the photography services described in this Section 1.1 (the “Services”) in connection with the portrait session for Corso's Merry Market Santa Sessions (the “Portrait Session”).
- Date of Portrait Session: November 23, 2024
- Client's Arrival Window: Between 11:00 AM (EST) and 4:00 PM (EST)
- Location: Corso's Flower and Garden Center, 3404 Milan Rd, Sandusky, OH 44870
- Description of Services: Photographer shall provide the Client with a minimum of one (1) digital photographic image, delivered through an online digital gallery via email.
1.2 Work Product. As part of the Services, the Photographer will produce photographic materials (“Images”) and provide related deliverables (“Work Product”) in the form of digital files. Images include, but are not limited to, still photographs created by the Photographer in any medium (analog, digital, or otherwise).
1.3 Exclusivity. The Client acknowledges and agrees that the Photographer will be the exclusive provider of the Services for the Portrait Session, unless otherwise agreed in writing by both parties.
2. FEES AND PAYMENT
2.1 Fees. The total fee for the Services shall be Ten Dollars ($10.00) (the “Fee”), inclusive of all applicable federal, state, or local sales or value-added taxes.
2.2 Invoice and Payment. The Photographer, or an affiliate including Corso's Flower and Garden Center, shall issue an invoice to the Client upon agreement of the Services (the “Invoice”). The Client agrees to pay all Fees by the due date specified on the Invoice. In the event of any discrepancy between the Invoice and the amount stated in Section 2.1, the Invoice shall control.
3. CLIENT RESPONSIBILITIES
3.1 Required Consents. The Client is responsible for obtaining all necessary consents required for the performance of the Services, including from any venues, locales, or participants involved in the Portrait Session.
3.2 Waiver. The Client, on behalf of themselves and any other participants, hereby waives all rights and claims against the Photographer, releasing them from any cause of action related to the sale, display, license, use, or exploitation of Images as provided under this Agreement.
4. PHOTOGRAPHER RESPONSIBILITIES
4.1 Equipment. The Photographer will supply all necessary photography equipment for the performance of the Services.
4.2 Standard of Service. The Photographer shall perform the Services in a professional, workmanlike, and safe manner, ensuring minimal disruption to the Client’s activities.
4.3 Photography Staff. The Photographer shall ensure that all staff, assistants, or third parties engaged by the Photographer (the “Photography Staff”) comply with the Client's reasonable directions regarding safety and security at the location. The Photographer will be fully responsible for the actions and conduct of all Photography Staff.
5. ARTISTIC RELEASE
5.1 Consistency. The Photographer will use reasonable efforts to ensure that the Services are delivered in a style consistent with the Photographer's current portfolio. The Photographer will consult with the Client to incorporate any reasonable suggestions.
5.2 Artistic Discretion. The Client acknowledges that they have reviewed the Photographer’s previous work and understand that the Services will be performed in a similar style. The Photographer shall have the final say on all artistic decisions. Disagreement with the Photographer’s aesthetic judgment is not grounds for termination of this Agreement or for any refunds.
6. TERM AND TERMINATION
6.1 Term. This Agreement shall commence on the Effective Date and continue until the later of: (i) the date when all Fees under this Agreement are paid in full, or (ii) the date when all final Work Product has been delivered to the Client (the “Term”).
6.2 Cancellation by Client. The Client may not cancel this Agreement. All payments are final and non-refundable.
6.3 Rescheduling. This is a one-time event. Rescheduling is not possible. If the Client fails to attend the Portrait Session, no refund will be given, and all fees paid will be forfeited.
6.4 Late Arrivals. If the Client arrives after the designated time frame, the Photographer will not be obligated to provide any Services, and no refund will be issued.
6.5 Replacement Photographer. If the Photographer is unable to perform the Services due to unforeseen circumstances, the Photographer will make reasonable efforts to provide a replacement photographer. If no replacement can be found, the Photographer shall have no further obligation to the Client, and any paid Fees shall be refunded.
7. OWNERSHIP AND LICENSES
7.1 Ownership of Work Product. The Photographer retains all rights, titles, and interests in all Work Product. The Client grants the Photographer an exclusive, royalty-free, worldwide, irrevocable, and sublicensable license to use any materials created during the Portrait Session for the Photographer’s marketing, advertising, or promotional purposes, including but not limited to portfolio use, website, and social media.
8. LIMITED LICENSE TO CLIENT
8.1 Personal Use License. The Photographer grants the Client a limited, non-transferable, non-sublicensable, and royalty-free license to use the Work Product for personal use only, such as on personal social media, in scrapbooks, or for personal gifts. The Client shall not use the Work Product for commercial purposes without prior written consent from the Photographer.
9. INDEMNITY AND LIMITATION OF LIABILITY
9.1 Indemnification. The Client agrees to indemnify and hold harmless the Photographer and their affiliates from any claims, damages, or liabilities arising from or related to the Services provided under this Agreement.
9.2 Force Majeure. Neither party shall be liable for any delays or non-performance of their obligations under this Agreement due to causes beyond their control, including but not limited to acts of God, pandemics, emergencies, or other unforeseen events (a “Force Majeure Event”). All fees remain non-refundable unless otherwise agreed upon in writing by the Photographer.
9.3 Failure to Deliver. The Photographer shall not be held liable for delays or failures in delivering the Work Product due to technological malfunctions, service interruptions, or issues beyond the Photographer’s control, including actions by the Client or participants at the Portrait Session.
9.4 Maximum Liability. The Client agrees that the Photographer’s maximum liability for any claim arising from or related to the Services or Work Product shall not exceed the total Fees paid under this Agreement.
10. GENERAL PROVISIONS
10.1 Notice. Any notice required under this Agreement shall be sent via email to the respective parties at the following addresses:
- Photographer’s Email: jlaphotos88@gmail.com
- Client’s Email:
10.2 Survival. The provisions of Sections 7, 8, 9, and 10 shall survive the termination of this Agreement.
10.3 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, USA.
10.4 Amendments. This Agreement may only be amended in writing, signed by both parties.
10.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes any prior or contemporaneous agreements, discussions, or understandings.
10.6 Severability. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
Photographer:
Jason Anderson Photography LLC
By: Jason Anderson, Owner
Signature:
Date:
Client:
Signature:
Date: