BUSINESS Service agreement
PHOTOGRAPHER and CLIENT are to arrive for the SHOOT on time.
Client's Late Arrival: The PHOTOGRAPHER understands that delays may occasionally occur. However, if the CLIENT or their party is late for the scheduled session, the photographer is not obligated to extend the agreed-upon shooting time beyond the original time frame. If the CLIENT arrives later than the scheduled time, the session will still end at the originally scheduled time, and the total fee remains the same.
Photographer's Late Arrival: If the PHOTOGRAPHER arrives late for the scheduled session, the session time will be extended by the same amount of time the PHOTOGRAPHER was delayed, or the PHOTOGRAPHER will adjust the session length or date to accommodate the CLIENT. In the unlikely event that the PHOTOGRAPHER is significantly delayed and unable to attend, the CLIENT will be given a full refund, and the agreement will be considered void.
PHOTOGRAPHER agrees to provide all raw photography from the service for CLIENT. PHOTOGRAPHER will send photographs in a Pixetset.com gallery.
PHOTOGRAPHER agrees to provide no fewer than what was agreed upon in a custom package for CLIENT and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing of digital image editing services on these photographs where artistically necessary.
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the photography service.
Deposits are non-refundable 12 hours before the service.
Any additional costs incurred by the PHOTOGRAPHER (e.g., travel fees, additional retouching, additional hours) will be discussed with the CLIENT in advance and invoiced.
The PHOTOGRAPHER will deliver [e.g., high-resolution edited images, a digital gallery, etc.]. Images will be delivered in the following format: [e.g., online gallery, downloadable link, etc.] through Pixieset.com.
The initial payment is a deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients.
If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. The balance of the payment for photography services must be paid in full no later than 12 hours before the photoshoot.
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 data loss.
CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 90 (ninety) days after the photos have been sent to CLIENT.
CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, 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 is responsible for providing the PHOTOGRAPHER with accurate details regarding the event (time, location, special instructions).
CLIENT should designate someone to communicate important details on the day of the shoot.
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
The PHOTOGRAPHER retains copyright ownership of all images.
The CLIENT is granted a commercial use license to use the photographs in marketing materials, on their website, and across social media platforms to promote their business. This license is non-exclusive, non-transferable, and does not include the right to resell the images.
The PHOTOGRAPHER hereby grants the CLIENT a non-exclusive, non-transferable, and royalty-free license to use the delivered photographs for commercial purposes, including but not limited to use in advertising, marketing, social media, websites, promotional materials, and other business-related applications.
The PHOTOGRAPHER reserves the right to use any image from the event for marketing purposes, including on websites, social media, and portfolios, unless otherwise agreed upon.
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
In the unlikely event that the PHOTOGRAPHER is unable to perform the services due to unforeseen circumstances (e.g., illness, equipment failure, etc.), the PHOTOGRAPHER will make every effort to find a replacement photographer. If no replacement can be found, a full refund will be provided to the CLIENT.
Payment will be made to the PHOTOGRAPHER via cash, check, an approved payment card, or by any other payment method determined by the PHOTOGRAPHER.
The PHOTOGRAPHER will invoice the CLIENT after completion of milestone(s) or the Project, unless otherwise noted in the Payment schedule. The CLIENT agrees to pay invoice(s) by the due date(s) specified. Unpaid or overdue invoices may result in withhold of the Project.
The CLIENT and the PHOTOGRAPHER must agree to any changes to this contract in writing.
Client Cancellation: If the CLIENT cancels the booking, the deposit will not be refunded. If the CLIENT cancels less than 5 days prior to the event, the total fee remains due.
Photographer Cancellation: If the PHOTOGRAPHER needs to cancel the booking for any reason, all fees paid by the client will be refunded in full.
Rescheduling: If the CLIENT needs to reschedule, they must notify the PHOTOGRAPHER at least 14 days in advance. Rescheduling is subject to PHOTOGRAPHER’S availability. The deposit can be transferred to a new date, but no refunds will be given.
In the event of a dispute, both parties agree to first attempt to resolve the matter amicably through mediation. If mediation fails, the parties may resolve the dispute through binding arbitration.
This Agreement constitutes the entire understanding between the PHOTOGRAPHER and the CLIENT regarding the services provided. Any amendments to this Agreement must be in writing and signed by both parties.