CONTRACT FOR PHOTOGRAPHY SERVICES

This Photography Contract (the “Contract”) is made effective as of ______________________________ (the “Effective Date”), by and between ___________________________________ (“Client”) of ____________________________ , _________ and Brian Gray of Avid Athlete Photography (“Photographer”) of 3712 Ulrich Ct., Dexter, MI 48130.

 

DESCRIPTION OF SERVICES.  On the event date scheduled on ____________________ ("Scheduled Date") and to be confirmed at least 48 hours in advance, Photographer will provide to the Client the following photography services (collectively, the “Services”):

PERFORMANCE OF SERVICES.  (1) Photographer agrees to take photographs as per Client’s and Photographers mutually agreed upon stated requests, allowing for artistic expression; (2) Photographer agrees to use high technical quality to meet Client’s needs, for web or print; (3) Photographer will use digital photography and color management consultancy knowledge to create photographs for Client; and (4) Photographer shall provide Client with a web gallery with samples of final proofs within 10 calendar days. 

PAYMENT.  (1) Client agrees to pay Photographer a sum of ____________________ in consideration for the photography services to be rendered by Photographer.  In consideration for this fee, Photographer will devote _____ hours to cover the event or occasion of Client; (2) Photographer will provide proofs and/or web gallery to Client to review for final purchase of pictures; (3) Photographer will provide Client with a cost sheet itemizing the cost of different packages and individual photo and other product purchases either electronically or in print.

DEPOSIT.  At the time of signing of the Contract, Client shall pay a deposit of $50.00 or 20% of anticipated total cost of services, which ever is greater, for services.  The deposit will be subtracted from the total payment owed by Client upon completion of services.

PARTICIPATION.  The photography schedule and selected methodology are designed to accomplish the goals and wishes of Client.  Client and Photographer agree that positive cooperation and punctuality are therefore essential.  Client understands and acknowledges that Client's, or Client’s agents’ level of participation in the event to be photographed are beyond the control of Photographer.  Photographer will take reasonable efforts to deliver services in the time and manner provided in this Contract.  If the Client’s, or Client’s agents level of participation in event limits Photographer’s ability to deliver services in the time and manner provided in the contract, Photographer will either (1) refund Client all monies paid, less the deposit fee, to be paid in thirty (30) calendar days from scheduled  or (2) will use reasonable measures to attend a second, follow up event in order to execute contract for the additional fee of $75.00 

WORK PRODUCT OWNERSHIP.   Any copyrightable works, ideas, discoveries, products, or other information (collectively, the “Work Product”) developed in whole or in part by Photographer in connection with the Services will be the exclusive property of Photographer.

CANCELLATION POLICY.  A minimum of 48 hours notice will be required for cancellation of this Contract by Client.  Any cancellation made with less than 48 hours notice prior to the agreed upon Scheduled Date will result in Clients loss of the deposit amount.  If the cancellation is initiated by Photographer, all monies paid to Photographer from Client shall by fully refunded, including the deposit fee.  Refund shall be paid out within thirty (30) calendar days from the cancellation date.

MUTUAL INDEMNIFICATION.  Photographer agrees to indemnify and hold harmless Client from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against client that result from the acts or omissions of Photographer, Photographer’s members, if any, and Photographer’s agents.  Client agrees to indemnify and hold harmless Photographer from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against client that result from the acts or omissions of Client, its members, if any, and its agents. 

FORCE MAJUERE.  If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party reasonable timely notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.  The term Force Majeure shall include, without limitations, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures.  The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.  An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, offices, agents, or affiliates. 

ENTIRE CONTRACT.  This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract.  This Contract supersedes any prior written or oral agreements between the parties.

SEVERABILITY.  If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.  If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 

AMENDMENT.    This Contract may be modified or amended in writing, if the writing is singed by the party obligated under the amendment.

GOVERNING LAW.    This Contract shall be governed by the laws of the State of Michigan.

NOTICE.  Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person, certified mail, or electronic mail to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

 

X ______________________________________                        Date: _____________________________

Client Signature                                                    

 

X ______________________________________                        Date: _____________________________

Brian Gray - Owner


 

PERMISSION FOR PHOTOGRAPHY

For valuable consideration received, I grant to Brian Gray of Avid Athlete Photography (“Photographer”) and his legal representatives and assigns, the irrevocable right to use and publish photographs, still or moving, of me or in which I may be included, for the restricted purposes of self-promotion, including advertising the Photographer’s business, in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval; and to use my name in connection with any use if Photographer uses. I hereby release Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.

I release, discharge, and agree to hold harmless and defend Photographer, his legal representatives or assigns, and all persons acting under his permission or authority or those for whom he is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.

I hereby warrant that I am a legal competent adult that I have the right to contract in my own name.   I have read the above authorization, release, and agreement, prior to its execution, and that I am fully familiar with the contents of it. This release shall be binding upon me, my heirs, legal representatives, and assigns.

X ______________________________________                        Date: _____________________________

Signature                                                    

 

X ______________________________________                        DOB: _____________________________

Print Name

 


PERMISSION FOR PHOTOGRAPHY OF MINOR

In consideration of the engagement as a model of the minor named below, and for other good and valuable consideration that I acknowledge as having received, I hereby grant the following rights and permissions to Brian Gray of Avid Athlete Photography ("Photographer"), his legal representatives and assigns, those for whom Photographer is acting, and those acting with his authority and permission. 

For valuable consideration received, I grant to Photographer and his legal representatives and assigns, the irrevocable right to use and publish photographs, still or moving, of the minor named below or in which he/she may be included, for the restricted purposes of self-promotion, including advertising the Photographer’s business, in any manner and medium; and to alter and composite the same without restriction and without my inspection or approval. I hereby release Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.

I release, discharge, and agree to hold harmless and defend Photographer, his legal representatives or assigns, and all persons acting under his permission or authority or those for whom he is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.

I hereby warrant that I am a legal competent adult and a parent or legally appointed guardian of the minor, and that I have every right to contract for the minor in the above regard.

I state further that I have read the above authorization, release, and agreement, prior to its execution, and that I am fully familiar with the contents of it. This release shall be binding upon the minor and me, and our respective heirs, legal representatives, and assigns.

 

X ______________________________________                        Date: _____________________________

Father, Mother, Legal Guardian

 

X ______________________________________                        Date: _____________________________

Father, Mother, or Legal Guardian                                                     

 

X ______________________________________                        DOB: _____________________________

Minor’s Signature (if 14 or older)                                            Minor’s Date of Birth

 

X ______________________________________

Print Minor's Name