Photography agreement template

Photography Agreement

Parties: Photographer · Client

1. Purpose

This agreement sets out the terms on which the Photographer carries out a commissioned photo shoot for the Client and the rights the Client receives in the resulting images.

2. Shoot date and location

The shoot takes place on [[Shoot date]] at [[Location or address]] and is planned to last [[4]] hours, including set-up. The subject of the shoot is: [[Subject, e.g. product photos, portraits of the team, an event]]

The parties agree a shot list or brief in writing or in electronic form before the shoot; it guides the shoot but does not promise a specific number of usable images of each item.

3. Client preparation and access

The Client arranges access to the location, the people, products or spaces to be photographed, any permits the location requires and, where agreed, styling, props and refreshments. The Client tells the Photographer in advance about hazards and restrictions at the location. Time lost because the location, people or products are not ready counts towards the agreed shoot duration.

4. Deliverables and delivery

The Photographer delivers [[30]] edited images in [[JPEG]] format, suitable for [[web and print]], through a download link or online gallery within [[14]] days of the shoot or of the Client’s selection. Unedited files and raw files are not delivered unless the price schedule says so. The Client downloads the images within [[90]] days; the Photographer keeps the delivered images for at least [[12]] months after delivery.

5. Image selection and editing

The Photographer selects the images to be edited from the shoot or, where the price schedule says so, the Client selects from an online proof gallery within [[7]] days of receiving it. Editing covers colour, exposure, cropping and basic retouching in the Photographer’s style; extensive retouching, compositing or edits beyond that are charged at [[Hourly rate]]. The Photographer’s editing style is as shown in its portfolio, and the Client does not edit or filter the images in a way that misrepresents the Photographer’s work.

6. Fees and overtime

The Client pays the fees shown in the price schedule of this contract. A deposit of [[30]]% is payable on signing to hold the date; the balance is payable on delivery. Time beyond the agreed duration is charged at [[Hourly overtime rate]] per hour or part hour and is agreed on site. Travel beyond [[30]] km, parking, permits, props and assistants are charged as stated in the price schedule or, if not stated, at cost against receipts.

7. Copyright and usage licence

The Photographer owns the copyright in the images. When the Client has paid in full, the Photographer grants the Client a non-exclusive, perpetual licence to use the delivered images for [[Permitted uses, e.g. the Client’s own website, social media, brochures and press]] in [[all countries]]. Resale, sublicensing, use in paid advertising or use as stock images needs the Photographer’s consent in writing or in electronic form and may carry a further fee. The Photographer may use the images for its own portfolio, website and social media as described under Credit.

8. Model and property releases

Where recognisable people, private property, artworks or brands appear in the images, the Client is responsible for obtaining their consent to the Client’s intended use. The Photographer provides a model release form on request and collects signed releases at the shoot where the Client asks for this in advance. The Client indemnifies the Photographer against claims arising from a use for which the Client did not obtain the needed consent.

9. Cancellation and rescheduling

The Client may reschedule once free of charge with at least [[7]] days’ notice, to a date the Photographer has available. If the Client cancels or reschedules with less notice, the deposit is kept; with less than [[48]] hours’ notice, [[50]]% of the fee is payable. If the Photographer cannot attend because of illness or an emergency, it offers a new date or a comparable replacement photographer, or refunds the deposit if neither suits the Client; further claims are excluded as far as the law allows. For outdoor shoots, either party may postpone because of unsuitable weather, without charge, to the next date both can make.

10. Backup and loss of images

The Photographer records to two memory cards or backs up the images on the shoot day and keeps a copy until delivery. If images are lost or unusable through equipment failure or another cause that is not the Photographer’s intent or gross negligence, the Photographer reshoots free of charge where this is practical or refunds the fee for the affected part of the shoot; further claims are excluded as far as the law allows.

11. Credit

Where the images are published in editorial contexts or on social media, the Client credits the Photographer as [[Photographer’s name or handle]] where this is customary and practical; no credit is required on products, packaging or advertising. The Photographer may show the images in its portfolio, website, social media and competition entries from [[Date or event, e.g. the Client’s own publication of the images]], unless the Client objects in writing or in electronic form before the shoot for reasons of confidentiality.

12. Liability

The Photographer works with reasonable care and skill but does not promise particular results, and the artistic choices in framing, lighting and editing are the Photographer’s. Except for intent, gross negligence, personal injury or where the law does not allow a limitation, each party’s total liability under this agreement is limited to the fees paid or payable under it. The Client is responsible for damage to the Photographer’s equipment caused by its people, products or location.

13. Independent parties

The parties are independent businesses. This agreement does not create an employment, partnership or agency relationship, and the Photographer decides on the equipment, assistants and methods used for the shoot.

14. Governing law and disputes

This agreement is governed by the law stated under Governing law. The parties will first try to settle any dispute in good faith. Otherwise the courts stated under Jurisdiction decide, unless mandatory law provides otherwise.

Payment terms

The deposit is payable within [[7]] days of signing and the balance within [[14]] days of receiving the invoice, by bank transfer to the account stated on the invoice.

Governing law

[[Country or state whose law applies]]

Jurisdiction

[[Courts that decide disputes, e.g. the courts of your city]]