Photography Contract



    This agreement is between Elyse Images (hereafter “Photographer” “the Photographer” or “Photography Company”) and client listed above (hereafter referred to as “Client”).

    1. Scope of Work:
    This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) requested to take place at the time and location indicated above.
    PHOTOGRAPHER and CLIENT are to arrive for the SHOOT at the requested time and location above.
    PHOTOGRAPHER agrees to provide no fewer than digital photos to CLIENT after the SHOOT and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.

    2. Fees:
    In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum indicated below. CLIENT agrees to pay the PHOTOGRAPHER a non-refundable initial payment indicated below upon signing this contract. The initial payment reserves the PHOTOGRAPHER’s time and is not a retainer or 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 at time of service. If inclement weather prevents photography SHOOT, PHOTOGRAPHER will reschedule.

    3. Work Product
    PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than thirty days (30 days) after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Delivery method of the photos from the SHOOT is at the discretion of the PHOTOGRAPHER.

    4. Limitation of Liability:
    4.1 – PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.

    4.2 — PHOTOGRAPHER is NOT responsible for uncooperative children, pets, persons or other parties during photo SHOOT.

    4.3 – If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, PHOTOGRAPHER shall not be liable for damages.

    4.4 – PHOTOGRAPHER shall not be responsible for any liability, damage, or loss related to technological failure, including data loss.

    4.5 – CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from the SHOOT more than 30 (thirty) days after the photos have been delivered to CLIENT.

    4.6 – CLIENT agrees that PHOTOGRAPHER is not responsible for any personal injury or illness which may occur as the CLIENT poses or works with PHOTOGRAPHER.

    4.7 — CLIENT agrees to indemnify PHOTOGRAPHER for any damage to PHOTOGRAPHERS equipment that is the result of CLIENT’s gross negligence or wilful misconduct.

    4.8 – PHOTOGRAPHER will strive to present photos in a worker like manner but is not required to cater to specific aesthetic preferences of CLIENT.

    5. Duty 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 shall pay any entry or use fee for any locations which require a fee. CLIENT hereby grants authority/consent for PHOTOGRAPHER to take pictures of CLIENT, children, pets, persons and other parties.

    6. Exclusive Photographer
    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.

    7. Model Release
    CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.

    8. Assignability and Parties of Interest:
    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 worker like manner with the consent of the CLIENT, which shall not be unreasonably withheld.