SAMPLE EVENT PHOTOGRAPHY CONTRACT

THIS CONTRACT IS A SAMPLE ONLY.  YOUR CONTRACT MAY BE MODIFIED AS REQUESTED TO ACCOMMODATE YOUR EVENT’S SPECIFIC CIRCUMSTANCE.

SERVICE PROVIDER:

  • BIG SUN PHOTOGRAPHY LLC  (hereafter referred to as ‘BSP’)

CLIENT INFORMATION:

  • Name of Client:
  • Individual or Company Name Physical Address:
  • Company Phone Number:
  • Representative Name: (signer/representative):
  • Position/Title: 
  • Email: 

EVENT INFORMATION 

  • Name of Event (hereafter referred to as the ‘Event’): 
  • Event Date(s): 
  • Location/Address: 
  • On-site Event Contact:    |   Cell #:
  • Scheduled Hours for photographer:

PROJECT SCOPE AND PRICING:

All details concerning services and products are contained within the approved quotes / invoices sent to the client.

  • Once approved and/or paid by the client all invoices fall within the terms of this contract, including invoices approved after the signing of this contract.

Currently Approved Orders:

[ this area will be filled in with the details from the client’s approved quotes/orders ]

 

USAGE LICENSE:

This section will either include the standard Big Sun Photography usage license ( https://www.bigsunphotography.com/sample-event-photography-usage-license/ )
OR
A grant of full copyright to the client (client must request this directly / will incur additional fees)

AGREEMENT TERMS & CONDITIONS:

The Terms & Conditions of this agreement apply to any and all future work/services done on behalf of the Client including work/services requested by the client by email, text, phone or other communications.  The Terms & Conditions of this agreement shall remain in effect  unless otherwise stated in a separate contract signed by both parties.

  1. Purpose: This agreement contains the entire understanding between BSP and the Client. It supersedes all prior and simultaneous agreements between the parties. This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment or modification of this Agreement shall be binding unless it is in writing and signed by all parties.
  2. Payments: 
    • Initial Payment:
      • Amount to be paid up front prior to start of work. Includes retainer fee, up front expenses, photographer’s fee as described in the client invoice(s).
      • Retainer fee: At the time the contract takes effect, Big Sun Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. In the event that the client cancels the contract for any reason including but not limited to acts of God, fire, strike, and extreme weather, the full amount of the retainer shall be retained by Big Sun Photography in order to offset its loss of business. In the event that dates are changed the retainer fee for the original date(s) is forfeit and an additional retainer fee will be required to reserve the new date(s).
    • Balance Due: Remaining balance of all approved invoices to be paid as per the due date on the invoices.
  3. Penalty Fees & Charges:
    1. Late Payment: an additional 15% of the balance due will be added every 30 days after due date has passed.
    2. Returned Payment: There is a $100 charge for each incident of payment returned or denied by the bank for any reason.
  4. Copyright: Unless otherwise stated within this contract or a paid invoice all copyrights remain the property of the photographer.
    1. The copyright holder owns the perpetual, irrevocable, exclusive, transferable copyrights so that they might use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display provided services, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
  5. Usage License: All granted rights for use of deliverable assets (defined as visual content files delivered to the client) shall be described in  “Usage License”.
  6. Model/Property Release: Responsibility for obtaining model releases, property releases or any other releases necessary for public or commercial use of these images falls on the Client .
  7. House Rules: BSP is limited by the guidelines of event officials and/or event site management. The Client agrees to accept the technical results of their imposition on BSP. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; BSP will offer technical recommendations only.
  8. Co-operation of Guests and Other Service Providers: The Client is responsible for the conduct of the guests. If the conduct of any of the Event guests damages any of the equipment of BSP, it could result in the early or immediate departure of BSP. The Client understands that in such an event, no refund will be given.
  9. Right of Withdrawal: BSP’s discovery of new information, changes to times or dates, changes in responsibilities, or other factors tending to circumvent its policies could result in its withdrawal. Non co-operation; changes of locations, facilities or times available; missed appointments; bad or returned checks, or late payments are examples of contributing factors.
    1. Should BSP initiate the withdrawal, all fees and retainers will be returned, excepting for all services/products already provided billed at the rates specified within the contract, rounded up to the nearest half-hour.
    2. Should the client initiate the withdrawal, the Client will forfeit the retainer payment and be responsible for all expenses and services already executed. This includes but is not limited to retainers, rentals, equipment purchases and payments made to 3rd party contractors in anticipation and preparation for the event photo shoot.
  10. Limit of Liability: 
    1. Performance of contract: The performance of this contract on behalf of BSP shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, equipment failure, strikes by suppliers and / or conditions beyond its control. .  BSP will make every effort to secure a skilled replacement photographer. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments as specified in “Right of Withdrawal” section of this contract.
    2. Loss of image files: BSP takes the utmost care with respect to exposure, transportation, and processing the photographs including using professional grade equipment and professional grade backup equipment. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond BSP’s control, BSP’s liability is limited to the return of all payments received within the scope of this contract”. The limit of liability for a partial loss of originals shall be a prorated amount based on the time spent shooting and editing the surviving images.
    3. 3rd party contractors:  At times independent contractors may be used by BSP.  Client agrees that any legal actions that may arise involving, but not limited to, a contractor’s actions, behavior, negligence, will not be directed toward Big Sun Photography, its owner nor employees, but instead toward the contractor(s) themselves.
  11. Arbitration:
    1. All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Colorado unless otherwise agreed to by BSP. An award of arbitration may be confirmed in a court of competent jurisdiction.
    2. The law of Colorado state shall govern, construe, and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this contract.
    3. Client agrees that no attempt to recover money paid to BSP will be made by way of payment service / credit card charge-backs or disputes.  Disputes are to be resolved through arbitration, any Client refunds due or arbitration awards will be paid out by BSP through a separate transaction.
  12. Indemnification:
    1. The Client agrees to indemnify and hold harmless BSP and his business against loss or threatened loss or expenses by reason of the liability or potential liability of BSP for or arising out of any claims for damages.
  13. Severability: If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court or arbitration 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.
  14. Quality, Style and Interpretation: 
    1. Client agrees that photography is a highly subjective product/service and as such will not dispute the terms of this contract based on any  dissatisfaction with the quality, style or interpretation of BSP’s images.
    2. It is the client’s responsibility to research and evaluate BSP’s skills and expertise prior to entering this agreement and to ensure that expectations are within the demonstrated ability shown in BSP’s public portfolio and inline with the price range contracted.
  15. Client Responsibility:
    1. It is the client’s responsibility to clearly state in writing any and all required/desired specifications prior to the photo shoot. Examples include but are not limited to shooting angles, lighting, subjects/people, backgrounds, resolution requirements, etc. All event specifications not clearly described in writing prior to the shoot, will be decided by BSP. BSP will use best judgment to produce what he believes is the best final product.
       

Agreement Declaration : I have read and understood the terms above. I hereby agree to the terms of this agreement.