PHOTOGRAPHY AGREEMENT
This Photography Agreement (the "Agreement") is entered into as of [Effective Date] (the "Effective Date"), by and between:
[Party A], a corporation ("Photographer"), and
[Party B], a corporation ("Client").
The Client engages the Photographer to photograph the assignment described in this Agreement, and the Photographer agrees to do so, on these terms.
1. The assignment. The Photographer will photograph the assignment on [date and location]. Coverage is [coverage hours].
2. Delivery. The Photographer will deliver [images to be delivered] within eight weeks after the shoot. That description is the delivery commitment. The Photographer does not promise a specific number of images the Client will consider good beyond that commitment. The Photographer chooses which frames to edit and deliver.
3. Use and publicity. The Client receives a license to use the delivered images for the purpose of this booking. The license is not a sale of the copyright, and it is not a right to resell the images or to let someone else use them for that person's own advertising. The Photographer will not post the images publicly without the Client's permission. The Client's license and the Photographer's permission to publish are separate.
4. Substitute photographer. If the booked photographer cannot attend, the Photographer will give the Client notice as soon as practical and will send a substitute of comparable experience. The fee does not increase because of the substitute.
5. Weather and the location. The Client will cooperate on the timing and will arrange access at the location. Weather, site rules, and permission to photograph are the Client's responsibility unless the Photographer agreed in writing to arrange them.
6. Fee. The Client will pay [fee]. The booking payment is [booking payment]. That payment holds the date and is applied to the fee. The balance is due before the shoot unless the Parties agree otherwise in writing.
7. Cancellation and reschedule. If the Client cancels, the booking payment is kept, and the Client will also pay for work already done that the booking payment does not cover. If the Client reschedules and the Photographer is free on the new date, the booking payment applies to that date. If the Photographer is not free, the booking payment is kept and this Agreement ends. If the Photographer cancels and cannot send a substitute, the Photographer will refund amounts paid for services not performed.
8. Archives. The Photographer may keep archive copies of the images. The Photographer does not promise to store them for a set number of years. The Client should keep copies after delivery.
9. Governing Law. This Agreement is governed by the laws of Delaware, without regard to conflict of laws principles. Any legal suit, action, or proceeding relating to this Agreement must be instituted in the state or federal courts located in Delaware, and each Party irrevocably submits to the exclusive jurisdiction of those courts.
10. General. This Agreement is the entire agreement on its subject. It may be amended only in a writing signed by the Parties, and it may be signed in counterparts, including electronic copies. If a part is unenforceable, the rest stays in effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
Photographer: [Party A]
By: ________________________________
Name: [Signatory]
Title: [Title]
Client: [Party B]
By: ________________________________
Name: [Signatory]
Title: [Title]
