Client wishes to retain Photographer’s commercial photographic service for the session described in the photographic assignment details. By hiring Photographer, Client agrees Photographer will be the exclusive photographer during the session and no other photography will be allowed. 

Amount Due.
The total amount due under this Agreement is $ ____________. For $ ____________, Client is guaranteed _________________. (Use this paragraph to detail what services you are providing, the amounts, and files) 

Non-refundable Retainer Fee/ Full Payment.
Client agrees to pay ____________ (Include % or amount that needs to be paid to be retained.) of the full amount due retain Photographer. Client understands and agrees that Photographer is foregoing other employment by entering into this Agreement to secure the Client’s session date/time on the Photographer’s calendar, and therefore, also agrees and understands that the paid retainer is non-refundable. The remaining balance is due ______ (Date). 

Rescheduling/Cancelling.
Photographer may reschedule the session due to Photographer’s illness or inclement weather and will work with Client’s schedule to reschedule as soon as possible. If Client needs to reschedule due to illness of anyone involved in the session, Client will do his/her best to notify Photographer at least 48 hours prior to the session or at least as soon as possible after the issue is identified. The nonrefundable retainer fee can be transferred to another day and time upon the rescheduling of a session, so long as the rescheduled session takes place within 3 months of the original session date. 

Refunds. 
Due to the custom nature of custom product and commercial photography, digital files cannot be returned and all money paid is nonrefundable. 

Digital Files.
Approximately _________________ (Provide approximate turnaround time.) after the session date, the agreed-upon number of digital files will be available for viewing and downloading from an online, password-protected gallery. Client agrees and understands that Photographer, in their sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client. 

1. 
   Client agrees and understands that Photographer edits the proofs at their own artistic discretion, and  basic Color correction, cropping, minor blemishes, and general image enhancement editing is included in the session fee. 
2. Additional Edits/Retouching is billed at an additional hourly rate per image based on the complexity of the work. "The Client agrees to pay for Retouching and Editing Services as outlined in this contract. Retouching and Editing will include basic adjustments to color correction, cropping, and minor blemishes. Additional retouching services (such as advanced skin retouching, object removal, or background adjustments) will be priced at an additional [Hourly Rate/Per Image Fee]. Retouching options are custom priced and their costs is available upon request and priced based on the complexity of the work. The retouching of an image can be discussed and  negotiated after the final images have been reviewed and selected.The Client is responsible for all costs incurred for additional retouching and editing services."

Archive and Storage.
The Photographer archives all proofed images from each session for a period of 30 days  from the date of the session. After that time, the Photographer deletes all proofed images from their hard drive and all external hard drives. The Photographer is not responsible for digital files once they are downloaded by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place. 

Force Majeure.
Photographer will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, and tornado. 

Model Release.
Client is responsible for obtaining the necessary model releases for the models arranged to participate in the shoot. Client will provide the signed model release to the photographers prior to the start of the shoot. Lack of model release allows photographer to refuse to photograph person. Client hereby releases Photographer and his/her legal representatives, heirs and assigns from any and all claims and liability relating to the photographs.  

1. 
   Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client is receiving a Limited Commercial Use License as set forth below. Photographer retains all rights to the images, including but not limited to, the right to copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website, portfolio, blog, and social media platforms, including, but not limited to, Facebook, Instagram, and Twitter. Copyright protection is established United States Federal law and allows all violators to be punished to the full extent of the law. 

Client Usage; Limited Commercial Use License.
Client is purchasing from Photographer high-resolution un-watermarked digital files and Photographer is issuing to Client _________________ (An Exclusive or Non-exclusive – Make sure to choose one or the other.) a perpetual limited license for Client’s limited commercial use of the digital files in the normal course of Client’s business, including, but not limited to, advertising, marketing, or other promotions, or on Client’s website, blog, or social media platforms. Client understands that the digital files are meant for print and online marketing and advertising materials or campaigns. The digital files may be not altered, edited, or manipulated in any way, except that Client may add their business name, logo, website or other advertising or marketing campaign text to the digital files so long as it does not affect the elements of the image as styled by Photographer. The digital files may not be used by anyone other than the client. The Client cannot sell, lease, or give images to third party. 

1. 
   This Agreement may not be assigned by either party without the prior written permission of the other side. 
2. 
   If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. 
3. 
   Any amendments made and agreed upon must be in writing and signed by both the client and photographer. 

Governing Law, Jurisdiction and Venue. 
This Agreement shall be governed by the laws of the State of Florida, without giving effect to the principals of conflicts of law. The parties consent to jurisdiction and venue in the state and federal courts located in the State of Florida. 

  

 

 

 

 

 

 

 

 

 

 

 

 

Scope of Work