Photography Agreement

THIS AGREEMENT (the "Agreement") is made as of [Date of Session], by and between:
(1) Photographer: Barbara Obsitos, of [Photographer's Address] (the "Photographer"); and
(2) Client Details [Client's Name], of [Client's Address] (the "Client")

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1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1. Definitions

Additional Charges: means additional charges incurred including but not limited to travel expenses and additional hours which shall be agreed upon in advance between the Photographer and the Client.

Deposit: The Client agrees that the deposit set in clause 3.2 upon signing this Agreement.

Fees: The client to pay the fees in clause 3 to the Photographer.

Force Majeure Event means an event, or a series of related events, that is outside the reasonable control of the party affected (including power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars).

Images: means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.

Personal Data means ‘personal data’ as defined in the Data Protection Act 2018.

Privacy Laws means the Data Protection Act 2018.

The Photographer agrees to provide the above outlined photography services (Service Type).

 

1.2. Interpretation

(a) A reference to legislation or a legislative provision:

(i) is a reference to it as it is in force as at the date of this Contract; and

(ii) shall include all subordinate legislation made as at the date of this Contract under that legislation or legislative provision.

(b) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

(c) A reference to writing or written includes email and text messages on any platform.

 

2. Commencement and term

The Contract shall commence on the date when signed by both parties and shall continue until the Services have been fully completed.

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3. Supply of Services

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1. The Photographer agrees to provide the Services at the ‘Location’ specified by the Client, on ‘Date and Time’ agreed upon by both parties.

2. As part of the Services, the Photographer shall create images and provide deliverables as specified in clause 3.1, in accordance with the terms of this Agreement.

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4. Deliverables

1. The Photographer agrees to provide a minimum of 80 proofs for the Client to view after the shoot. The client understands that this may vary depending on length of shoot.

2. The Client shall receive photos online for personal use.

3. The photographer agrees to produce the requested photographs subject to the weather conditions, time permitting [and willingness of guests if any]. The Photographer shall not be held accountable if specific photos are not achieved.

4. After the event/session, the Photographer shall perform post-processing or digital image editing services where necessary.

5. The Client is required to return the chosen pictures for editing within 30 calendar days of the session or will pay £20 delay charge.

6. No excessive skin editing is included in the editing process such as make up changes, hair corrections/replacements, background swaps, or any alterations other than general corrections to the pictures such as (but not limited to) lighting, contrast, sharpness, colours and light skin smoothing. 

7. The final photographs will be delivered no more than 3 weeks after the Client confirmed final selection from the proofing galleries and made payment for any desired extra images outside of the agreed package.

8. The final images shall be delivered to the Client are of the discretion of the Photographer.

9. No raw/unedited pictures are provided under any circumstances.

10. The Photographer shall not be responsible for photographs which could not be taken as the result of the Client's failure to provide reasonable cooperation including and not limited to clients’/guests’ late arrival on the day.

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5.Payment

1. The Client hereby agrees to pay the Photographer a total fee confirmed during communications for the Services provided.

2. A deposit of £50 and any agreed travel charge shall be payable upon the execution of this Agreement. This deposit will be credited towards the total fees payable by the Client.

3. The remaining balance shall be payable on the date of the photography session.

4. Additional Charges shall be agreed upon in advance and included to the final invoice.

5. The Photographer may issue a formal invoice to the Client upon agreement of the Services. The Client agrees to settle all outstanding fees on or before the due dates stipulated in Clause 3.1.

 

6. Cancellation and Rescheduling

1. Should the Client cancel the photography session more than seventy-two (72) hours before the scheduled date, the deposit shall be refunded to the Client.

2. The Client may reschedule the photography session without penalty if notice is given at least seventy-two (72) hours before the scheduled date, subject to Photographer’s availability.

3. In the cases of the Client rescheduling the session more than once (twice), the session will be cancelled, and no deposit refund will be issued to the Client.

4. Cancellations within seventy-two (72) hours of the photography session will result in forfeiture of the deposit.

5. Any delays to the session will be taken off from the session time for up to 20 minutes, after 20 minutes the session will be aborted and cancelled (no deposit will be refunded, and session will have to be rebooked)

 

7. Photographer’s Obligations

1. The Photographer agrees to perform the Services with reasonable due care, skill, and diligence.

2. The Photographer will provide all necessary photography equipment.

3. The Photographer will have backup equipment available in case of technical failures.

 

8. Client’s Obligations

1. The Client shall:

2. assist and cooperate with Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed, taking time to pose for photographs at the Photographer's direction and/or pre-shoot consultations;

3. be punctual and ensure that all subjects are ready at the agreed time and location;

4. ensure that all required consents have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Services provided by the Photographer and, as applicable, from venues where the Services are to be performed [or from attendees of the party]; and

5. cooperate and follow the Photographer’s instructions to achieve the best results.

6. Any changes to the set-up, outfits or poses to be corrected on the session

 

9. Artistic License

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The Photographer shall be granted full artistic license regarding the poses photographed and the locations used. The Photographer will comply with the Client’s requests, however, shall not be not required to recreate specific images or poses provided by the Client.

 

10. Ownership and Usage Rights

1.  The Photographer shall retain the copyright of all photographs taken during the session.

2. Pictures will be used on social media platforms and Photographer’s website, unless otherwise advised in writing by Client. 

3. The Client is hereby granted a non-exclusive, non-transferable license to use the    photographs for personal use only. Commercial use is not permitted without the Photographer’s prior written consent.

4. The Client agrees to credit the Photographer whenever the photographs are published online or in print.

5. The use of unedited/proof/raw images are strictly forbidden.

 

11. Liability

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The Photographer shall not be liable for any direct or indirect loss or damage suffered by the Client or any third party arising from the provision of the Services, except for any loss or damage caused by the Photographer’s negligence.

 

12. Indemnity

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The Client agrees to indemnify and hold harmless the Photographer against any claims, damages, liabilities, and costs arising from any breach of this Agreement by the Client.

 

13. Force Majeure

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If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement, that obligation will be suspended for the duration of the Force Majeure Event.

 

14. Notices

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Any amendments or modifications to this Agreement must be made in writing and signed by both parties.

 

15. Waiver

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No waiver by the Photographer or any breach or obligation of the Client pursuant to the Agreement shall constitute a waiver of any other prior to subsequent breach or obligation.

 

16. Data Protection

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To the extent that either party process any personal data under the Contract, each party shall comply with its respective obligations under the data protection legislation. 

 

17. Confidentiality

1. Each party undertakes that it shall not at any time during the term of the Agreement and for a period of twelve months after termination or expiry of the Agreement, disclose to any person any confidential information concerning the business, customers, clients, or suppliers of the other party.

2. Each party may disclose the other party’s confidential information as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

 

18. Variation

1. Except as set out in these conditions, no variation of the Agreement shall be effective  unless it is agreed in writing and signed by the parties.

2. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

 

19. Governing Law

1. The Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

2. The Photographer and the Client hereby irrevocably agree that the courts of England and   Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Agreement or its subject matter or formation.

 

20. Third Party Rights

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The parties to this agreement do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.

 

21. Entire Agreement

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This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, agreements, or understandings of any kind.

 

The parties have executed this Agreement as of the date first above written.