Example Photography Contract

Photographer:

  • Name: Simon Hogben

  • Address: 89A High St, Yarm, TS15 9BG

  • Phone: 07538 376 860

  • Email: simon@simonhogben.com

Client(s):

  • Name: XXXXXX

  • Phone: XXXXXX

  • Email: XXXXXX


Event

  • Event name: XXXXXXX

  • Location: XXXXXXXXX

  • Date: XX/XX/XXXX

  • Time: XXXX

Service

  • Up to 9 hours photography coverage

  • 350+ edited images typically

  • Online gallery to view and download social media images

  • 2nd photographer

  • Same day previews

  • Photo highlights slideshow

  • Pre-wedding photoshoot in County Durham

  • Images available in colour and black & white

  • Perpetual copyright license for Client(s) use including social media and printing

Additional Services - not included unless specifically noted in the quote/invoice

  • Additional coverage at £100 / hr (rounded up to the nearest hour)

  • Albums, frames & prints

  • Videography

Total Contract Price (including sales tax):  £XXXX

This Contract is between the Client, whose name and address is listed above, and Simon Hogben.

1. Retainer and Payments. The Client shall make a non-refundable retainer in the amount of £300 of the Contract Price for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. The remaining balance shall be paid no later than 30 days before the day of the event. The Photographer retains the right to cancel the booking if the payment is not made as agreed. Payment for product orders (albums/frames/prints) shall be submitted to the Photographer within 7 days of gallery delivery, whether via online proofing service or in-person viewing.

2. Pre-Event Consultation. The Client agrees to a pre-event consultation which can take place in person or over the phone/video call. The consultation shall work to finalise the schedule, locations, and the Client’s particular requests.

3. Cancellation. If for any reason Client cancels this Contract after an initial 14 day cooling off period but prior to or on the event date, the Photographer shall keep the retainer and any monies paid on the date of cancellation. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within 30 days of the contracted date, the Client shall be required to pay the full balance of the Contract. The cooling off period is not applicable in the event of short notice bookings which are less than 14 days from the Contract date.

4. Rescheduling. If, for any reason, the Client reschedules the event at least 90 days prior to the event date, and such rescheduling is confirmed in writing to the Photographer, the retainer may, at the Photographer’s sole discretion, be applied to the new date. A new Contract will be required to reflect the changes. In the event the reschedule occurs within 90 days of the original event date, the Client shall be required to remit a new retainer in the amount of 25% of the Contract Price.

5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract. The Photographer shall make gallery proofs available to view through an online gallery proofing website. These proofs shall be available to the Client within 30 days of the photographic event. If an online proofing gallery is delivered, it shall remain open for 365 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a £50 un-archival fee shall apply to make the gallery available for a further 365 days.

6. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for £10 per image file.

7. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Design & Patents Act 1988} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

8. Client Usage. The Client shall only use the photographic prints and/or digital files, in accordance with the permissions within this Contract. The Client’s prints and digital files are for their use only and shall not be submitted to contests or resold commercially. The Client may print, or provide authorisation to a third-party to print, reproductions of works resulting from this Contract. The Client may use the digital files on their website, blog, brochures and for publicity as required.

9. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client may post the images to social media but shall not copy, download, screenshot, or capture the photographs in any other fashion.

10. Safe Working Environment. The Client agrees to undertake the best efforts to ensure that guests and attendees at the event treat the Photographer and the Photographer’s staff with respect and dignity and that the Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the event commit any instances of sexual harassment, violence, threats, or other similar behaviour that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client shall not be entitled to any refund.

11. Cooperation of Client and Guests. The Client will cooperate with the Photographer and defer to the Photographer’s professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion. The Photographer retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with the Photographer’s artistic discretion. The Client will utilise their best efforts to ensure that guests and attendees cooperate with the Photographer.

12. Photography and Videography. The Photographer and the Photographer’s team shall be the sole photographers for coverage of the event. Videographers and photo booth operators shall be excluded from this provision if submitted in writing by the Client to the Photographer at least 30 days prior to the event date.

13. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer shall make every attempt to provide a Substitute Photographer per the provisions in this Contract. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.

14. Substitute Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

15. Independent Contractor – Assistant. The Photographer may choose to supply an additional assistant to support them on the event day at the Photographer's sole discretion.

16. Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

17. Breaks. A 30 minute break is required every 6 hours for every member of the Photographer’s team for coverage that lasts 6 of more hours.

18. Venue Guidelines. The Photographer is bound to guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for modification of guidelines and/or policies is the Client’s responsibility. Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.

19. Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilised for products and may provide restrictions on an order not outlined in this Contract. Prints may take up to 30 days from time of print order to be processed and delivered to the Client. Albums, Frames, Folio Boxes and similar products may take up 45 days from date of final design approval by the Client to be received by the Photographer.

The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of £50 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

20. Travel & Expenses. The Client shall pay £0.45p per mile for travel outside of the North East of England and Yorkshire.

21. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

22. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the England & Wales.

23. Legal Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable legal fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

24. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

I confirm that I have read and understood this contract, and I agree to enter into this contract with Simon Hogben Photography