Product Photography Contract
This agreement is between Heather Louise Studios (hereafter “Photographer” “the Photographer” or “Photography Company”) and the company paying to receive images for their products (hereafter referred to as “CLIENT”).
1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at Heather Louise Studios on the date agreed - provided products have been received.
PHOTOGRAPHER agrees to provide no fewer than the agreed amount of photos for CLIENT to view after the shoot, and is not required to provide more than this number of images.
PHOTOGRAPHER will perform post-processing or digital image editing services on these photos where artistically necessary.
2. Fees:
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the total sum agreed within the quote.
CLIENT agrees to pay the photographer a non-refundable initial payment totalling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT.
The balance of the payment for photography services must be paid in full no later than 30 days after the SHOOT detailed in Section 1: Scope of Work. Once viewed and approved in the gallery online, the deliverable files will be sent to CLIENT once payment has been received.
3. Work Product
PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than 30 days after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs.
All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order:
SHOOT INCLUDES:
1: Professional product images for company use.
2: Licensing for image use across company websites, social medias and any print work advertising. Credits to PHOTOGRAPHER must be provided across all platforms.
3: All photos are to be delivered in Square or 1:1 ratio format UNLESS OTHERWISE CONFIRMED.
4. Images are to be shot in LIFESTYLE, CREATIVE AND PACKSHOT styles.
4. Reshoots
Reshoots or amending images are all subject to extra charges. Final images in the viewing gallery are the final images for the shoot provided.
5. Artistic License:
CLIENT is to provide a full and specific brief of what they expect to receive when the shoot is complete, if this is not provided or made clear, PHOTOGRAPHER will do what is best for the product and provide full creative control. CLIENT must ensure they have been specific and clear with what they want unless unsure and want PHOTOGRAPHER to complete the job on their own professional knowledge.
5. Indemnification:
5.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
5.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
5.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
5.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
5.5 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
6. Duty of Client
CLIENT is to provide all products necessary for the shoot to take place. Props and specific materials may also be provided by the CLIENT if necessary. CLIENT must take full responsibility for their products arriving to Heather Louise Studios. CLIENT is to provide a full and specific brief, as outlined and detailed in 5. Artistic License, of what they expect to receive when the shoot is complete. If this is not provided or made clear, PHOTOGRAPHER will do what is best for the product and provide full creative control. CLIENT must accept return of their product or they will be disposed of after 30 days.
7. Exclusive Photographer and Content Release
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.
8. Assignability
HEATHER LOUISE STUDIOS is to perform its duties under this contract. PHOTOGRAPHER must be capable and competent to perform the services in a workmanlike manner.