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Commercial
Photography
Contract

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Prepared for:
[Client Name]
]
Prepared by:
[Photographer Name]

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Commercial Photography Contract

This 'Commercial Photography Contract' (hereinafter referred to as the "Contract") is entered on [Date] (hereinafter referred to as the "Effective Date"),

By and Between,

[Client Name] (hereinafter referred to as the "Client"), residing at [Address], and;

[Photographer Name] (hereinafter referred to as the "Photographer") with its place of business at [Address]. 

The Client and the Photographer are collectively referred to as the "Parties" and individually as "Party". 

WHEREAS the Client seeks to hire the Photographer as an independent contractor for its professional photography services;

AND WHEREAS the Photographer agrees to provide the aforementioned services to promote the Client's [products/services] and business for the photography session (hereinafter referred to as the "Session") set forth in the Contract.

NOW, THEREFORE, in consideration of the terms and conditions set forth below and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

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Terms & Conditions

1. Photography Session Details

All the information related to the Photography Shoot is as follows:
Session Venue: [Address]
Session Date: [Date]
Estimated Start Time: [Time]
Estimated End Time: [Time]
Minimum Photos Taken: [Number]
Maximum Photos Taken: [Number]
The Client agrees to confirm the scheduled time prior to the session. 
Notification of any changes in schedule or location shall be made in a timely manner and confirmation of receipt must be obtained from the Photographer by the Client.

2. Payment

As full compensation for the Services, the Client shall pay the Photographer an amount of $[0.00] (hereinafter referred to as the "Total Fee").

Upon the signing of this Contract, a non-refundable deposit of $[0.00] shall be paid by the Client to the Photographer (hereinafter referred to as the "Retainer Fee") and the remaining balance is due [Number of Days] days before the session.

The mode of payment shall be [cash/cheque/card].

In case that the payment is not made in full by the aforementioned deadline, the Photographer reserves the right to terminate this contract, retain the retainer fee, and no longer be held liable for rendering further services to the Client.

3. Additional Expenses

The Client shall fully reimburse the Photographer for any additional costs associated with this Contract, including (but not limited to) travel, lodging, meals, and parking fees.

If additional hours are required that are beyond the agreed-upon time in this Contract, the Photographer shall charge an amount of $[0.00] per hour to the Client.

4. Term

This Contract shall commence as of the Effective Date and shall remain effective until the completion of services mentioned herein.

5. Deliverables

The Photographer shall deliver the agreed-upon number of digital files of the photographs to the Client within [number of days] days of the photography shoot. The Client then shall have [number of days] days to give a written list of the photographs required for final production and delivery, including format.

6. Warranties

The Client acknowledges that the Photographer cannot warrant certain poses or coverage quality.
The Client further acknowledges that the Photographer shall not be held responsible for compromised coverage due to interference from the guests or due to environmental issues, such as poor lighting, space, or backdrops. 
The Photographer warrants that the photos shall not infringe upon any third party’s patents, trademarks, trade secrets, copyrights, or other proprietary rights.
The Photographer agrees to make every effort to provide satisfactory coverage, but cannot make any promises as to specific poses or coverage during the Session.
The Photographer warrants that it shall provide services and meet its obligations under this Contract in a timely and efficient manner.

7. Post Production and Editing

The final post-production and editing styles, effects, and overall look of the photos are left to the discretion of the Photographer. 

8. Archive and Storage

The Photographer archives all photographs produced as a result of the Session for a period of [number of days/weeks/months] from the date of the Session. After that time, the Photographer deletes all photographs from its storage. The Photographer is not responsible for the photographs once they are delivered to the Client. The Client is solely responsible for keeping the photographs in a safe place and for making back-up copies of any photographs that are delivered to the Client.

9. Model Release

The [Client/Photogrpaher] is responsible for acquiring the necessary model releases for the models participating in the Session.

10. Copyrights

The Photographer reserves the full copyright to all the photos taken during the photography shoot. However, the Photographer grants the Client a non-exclusive, non-transferable license to use the photos for unlimited personal use only. Sale, publication, or any other commercial use of the photo by the Client is specifically prohibited without the prior written consent of the Photographer.

11. Relationship of Parties

The Client is hiring the Photographer as an Independent Contractor under the scope of this Contract. The Client and the Photographer shall not establish any partnership or employer-employee relationship.

12. Postponement and Rescheduling

The Client acknowledges that in case there is a Postponement of the Session, the Photographer will incur expenses and financial loss. Therefore, the Client shall inform the Photographer in writing about the rescheduling of the time, date, or location of the session no later than [Number of Days] days prior to the session. In the event that the Client postpones less than the [Number of Days] days prior to the scheduled Session, the Client shall pay to the Photographer a Postponement fee in the amount of [0.00]% of the total fees plus any expenses incurred by the Photographer.

The Photographer may reschedule the session if the Photographer is unable to deliver the service as set forth in this Contract due to an injury, illness, or inclement weather and shall work with the Client’s schedule to reschedule as soon as possible.

13. Limitation of Liability

If the Client has any claim or cause of action against the Photographer, whether arising in tort or contract, even if based on or caused by the Photographer’s negligence, the Client’s recovery and the Photographer’s liability is limited to the total amount paid by the Client to the Photographer under this Contract, and the Photographer shall have no further liability to Client.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer's control, including but not limited to camera, hard drive, or equipment malfunction, the Client's recovery or the Photographer's liability is limited to total payment paid by the Client to the Photographer under this Contract.
The Photographer shall not be liable for the loss of images after the final delivery to the Client of all products as per the scope of work for the Session.

14. Indemnification

Each party agrees to indemnify and hold harmless the other Party, its employees, and permitted successors against any losses, claims, damages, penalties, liabilities, punitive damages, expenses, reasonable legal fees of whatsoever kind or amount, which result from the negligence of or breach of this Contract by the indemnifying party, its employees, and permitted successors and assignees that occurs in connection with this Contract. This section remains in full force and effect even after the termination of the Contract.

15. Termination

This Contract may be terminated by:
Either party upon [Number of Days] days prior written notice to the other party, with or without cause;
Either party upon the breach of any terms mentioned herein by the other party, if the other party doesn't cure the breach within [Number of Days] days of the receipt of written notice of the breach;
The Client, if the Photographer fails to comply with the reasonable directives of the Client;
The Photographer, if the Client doesn't pay the deposit or the remainder of the Fee within [Number of Days] days after sending written notice to the Client.

16. Confidentiality

All confidential information that is communicated to or obtained by either of the Parties in connection with the above-mentioned services, shall be held by them in full faith. At no time shall the Parties use any such confidential information obtained through this Association, either directly or indirectly, for personal benefit, or disclose or communicate such information to any third-party. This provision shall continue to be effective after the termination of this Contract.

17. Arbitration

In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] Arbitrators which shall be appointed by [Party Name]. The venue of Arbitration shall be [Venue/Location of Arbitration] and Seat shall be [State]. The Arbitrators' decision shall be final and will be binding on both the Parties.

18. Miscellaneous 

Assignability: Neither party shall assign this Contract or the rights and obligations thereunder to any third party without the prior express written consent of the other Party which shall not be unreasonably withheld.
Notice: Any notice that is required by this Contract shall be in writing and shall be given to the appropriate party by personal delivery or certified mail, postage prepaid, or any such delivery service provided.
Amendments: No modification or waiver of the provisions of this Contract shall be valid or binding on either Party unless in writing and signed by both Parties.
Inclination: The Parties must acknowledge that this Contract hereinafter is solely for the benefit of the Parties undersigned and serves no inclination to any Party, nor is intended to confer any rights or remedies in favor of any person, party, or affiliate, other than the Parties duly undersigned and their members.
Governing Law: The Contract and all the terms contained herein shall be governed by and construed as per the laws of the state of [State].
Severability: Should any provision or portion of this Contract be held unenforceable or invalid for any reason, the remaining provisions and portions of this Contract shall be unaffected by such holding.
Legal and Binding Contract: This Contract is a legal and binding contract as per the laws of [State/Court/Region]. The Parties hereby warrant that they have the authority and power to enter into the Contract.
Entire Contract: This instrument constitutes the sole and only Contract of the Parties hereto respecting the services to be provided by the Photographer and correctly sets forth the rights, duties, and obligations of each to the other in relation thereto as of its date. Any prior agreements, contracts, promises, negotiations, or representations concerning its subject matter not expressly set forth in this Contract are of no force or effect.

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Acceptance and Signature

The Parties agree to have fully read and understood the terms of the Contract, and that they are fully authorized to execute the same.

[Client Name]

[Photographer Name]

Signature

Assign signer 1

Name

Assign signer 1

Date

Assign signer 1

Signature

Assign signer 2

Name

Assign signer 2

Date

Assign signer 2

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THANK YOU

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DISCLAIMER: Revvsales, Inc is not a law firm. The content provided herein is for general information purposes only, and does not constitute legal advice. Revvsales, Inc and its partners make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information mentioned hereunder. The use or reliance of any information contained herein is for your personal use and solely at your own risk. You agree to fully release and indemnify Revvsales, Inc from any liability associated with the use of this content. You are advised to obtain independent legal advice before taking or refraining from any action on the basis of the content provided here. 

DISCLAIMER: Revvsales, Inc is not a law firm. The content provided herein is for general information purposes only, and does not constitute legal advice. Revvsales, Inc and its partners make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information mentioned hereunder. The use or reliance of any information contained herein is for your personal use and solely at your own risk. You agree to fully release and indemnify Revvsales, Inc from any liability associated with the use of this content. You are advised to obtain independent legal advice before taking or refraining from any action on the basis of the content provided here.

Free Commercial Photography Contract Template

Are you a commercial photographer seeking the Commercial Photography Contract template? Use Revv’s customizable template to seal the deal with your clients.

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What is a commercial photography contract?

A commercial photography contract is a legally binding agreement signed between a photographer and a client. It sets clear expectations between both parties and avoids misunderstandings.

A commercial photography contract, in general, answers the following questions:

Who are the parties to the contract?
What photography services are being offered?
When will the photoshoot take place?
How much will the photography clients be charged?
Who will own the copyright of the deliverables?
What will happen if someone cancels the photoshoot?

Having a written contract with your client ensures everyone knows exactly what to expect out of your working relationship.

Why are contracts important for the commercial photography business?

Commercial Photography, is one of the most powerful industries that helps businesses to communicate what the brand stands for. Every business, in this competitive world, wants its products or services to be noticed, and commercial photography helps achieve that. It can be the reason for a company to make a sale or put off a potential customer.

It mainly involves product photography for commercial use. Commercial photographers use photoshop skills, lighting techniques, propping, styling, and color strategies to elevate the overall look of a product.

But delivering professional photos may not be enough to retain a client. It depends on the customer experience too, such as

Does your proposal talk about the right set of deliverables?
Is the quote submitted to the client reasonable?
How does your client feel about the scope of work defined in the contract?
Did you deliver what you promised?
Was there any mismatch of expectations?

A contract is a great way to address this expectation mismatch and deliver an exceptional customer experience. It outlines all the rights and responsibilities of both parties in writing and establishes transparency.

Why would you need a commercial photography contract?

A commercial photography contract is extremely important when working with clients. This legal document is structured to protect your rights as a commercial photographer. It helps in:

Communicating expectations and responsibilities to clients
Providing you legal protection when any dispute arises
Meeting the client’s expectations about payments, deliverables, time frame, and more
Keeping both parties on the same page throughout the project
Establishing your image as a professional photographer

Components of a commercial photography contract

A good commercial photography contract sets clear boundaries and protects both the client and the photographer. Here are a few components that every commercial photography contract should include:

1. Photography shoot details

It is necessary to be on the same page about the details of the photography shoot, like the location, start time, and end time. This will avoid any confusion between the parties and the photo shoot will happen as per the scheduled time and place.

2. Payment

Any commercial photography contract should include the section of payment that specifies:

Your total service fee
Retainer fee (non-refundable deposit)
Payment method (cash, cheque, or credit card)
Payment due date (when will the client pay you)
Late fees (if the payment is not made on time)

3. Additional expenses

You should include a section about any possible additional expenses. This can include travel fees, parking fees, extended photoshoot time payments, or any other miscellaneous fees.

4. Post-production and editing

Generally, commercial photographers prefer to have control over the look of the final photographs. Therefore, they either don’t permit clients to edit post-production or charge additional fees to give that right to clients.

This section specifies if the clients are allowed to edit photos themselves and if so, then how many edits are they allowed to do. It also specifies what you will do with the photos following the completion of the deal term.

5. Deliverables

In commercial photography, the file type and size of photos matter significantly as they may be used on billboards, websites, blogs, social media, or brochures to promote the business.

Use this section to explain everything about the deliverables that’ll be delivered to your clients, such as:

What will be the file types and sizes of the final photos?
How will you deliver the final photos?
How many photos will your clients receive?
When will your clients receive the final deliverables?

6. Archiving

This section specifies how long you will archive your client’s digital files. It also specifies what you will do after that period; whether you’ll extend the archival time for extra payment or delete the files permanently from your storage.

7. Rescheduling

There will be instances where clients would want to reschedule the photography session. However, in that case, they are required to inform in advance so that the photographers don’t incur any financial loss. Even, the photographers are expected to do the same if something comes up that forces them to reschedule the session.

8. Copyrights/Licensing

It is important to communicate copyright ownership of the final deliverables to the client. If you want to retain ownership of the final photos, you need to grant your clients the license to use the same. Usually, photographers don’t provide licensing rights to clients until the final payment is made in full.

9. Model releases

If any models are used in the photography shoot, it’s always a great idea to have them sign all the necessary releases. It is up to you whether you take the responsibility to acquire the signs for necessary releases or relieve yourself from any such responsibility.

10. Limitation of liability

This clause talks about what happens in case of losses or damages. It limits the amount a party can recover from the other if one party suffers a loss due to the other party’s fault.

11. Cancellation policy

This provision covers potential cancellation on both sides. It will explain what happens if the cancellation is your fault versus the client’s fault.

12. Indemnification

This clause will protect you from any losses or damages outside of the contract due to the client’s negligence. In such cases, the client will indemnify you or hold you harmless.

Revv’s ready-to-use commercial photography contract template

It may be difficult for you to write a contract when there is so much information to include. There are plenty of readily available contracts online, for you to use and draft, but not all may fit your needs and requirements.

That is why you should try Revv’s commercial photography contract templates that has all the necessary components to help run your projects smoothly. Also, you can easily edit these templates to fit your requirements and cover aspects that apply to your photography business. It also contains an eSignature that allows your client to accept and sign the contract from anywhere, at any time.

Need a contract for your next photography project? Put together a solid contract using Revv’s commercial photography contract template to protect yourself from any legal trouble. Sign up now!