Terms
&
Conditions
This agreement is between Captured Forever [PR Photography] and ………………………………………………… .
1. Scope of Work:
This contract is for services and products related to a photography shoot to take place at …………………..................... on ………………………………… in …………………………………. .
Photographer , videographer and client are to arrive or to be present for the shoot at ………………………. (time) at ……………………………………… (place) on ………………………………………. (date).
Photographer agrees to provide no fewer than ……………………….. photos for client to view after the shoot, and is not required to provide more than this number of images. Photographer will perform basic post-processing or digital image editing services on these photos where artistically necessary.
The client will be provided with a video ( Full HD / cinematography) of not less than ……………………… (time duration of video). The video will be edited accordingly as per the need of the client. If the client wants raw video then no editing will be done.
2. Fees:
In consideration for the photography services provided by photographer, client agrees to pay the sum of Rs.……………………………. . Client agrees to pay the photographer an initial payment totaling 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, exactly within half period of time between the date of booking and the event date then 20% of the initial payment will be returned to client and if the shoot is cancelled after that period, then the initial payment or advanced amount will not be refunded.
30% of the balance of the payment for photography services must be paid on the event date and the remaining 20% of the balance must be paid on the date when the company delivers the soft copy of the images and video.
The payment for the album will be taken separately. The client agrees to pay the sum of Rs.……………………………. for the album and the type of album is mention prior in the details section of the form. Client agrees to pay the photographer an initial payment totaling 50% (fifty-percent) of the total price of the album upon signing this contract and the remaining balance on the date of delivery of the album. The photos which will be given in the album will be selected by the client.
3. Indemnification:
i. Photographer and client agree that photographer is under no obligation to capture any specific moment or pose or person(s) during the shoot.
ii. 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.
iii. Client agrees to indemnify and hold harmless photographer for any liability, damage, or loss related to technological failure, including data loss.
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iv. 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.
v. Client agrees to hold photographer harmless for any personal injury which may occur as the client poses or works with photographer.
vi. Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of client.
vii. The client agrees to pay indemnification to the photographer if any damage or loss is incurred to the equipments of photography and videography due to the fault of the client or any of his/her family members or guests.
vii. After booking and confirmation of venue any change in location of the event venue will not be entertained by the photographer. If location changes remain within the same area then it can be considered but in case of outstation changes there will be breach of contract and photographer has every reason to deny the services and the advance refund will be as per clause no. 2.
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4. Duty of Client
Client will obtain all permissions necessary for photographer to photograph at the shoot. Photographer has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. Client understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
5. Exclusive Photographer
Client agrees and understands that no other party other than photographer may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. Client agrees to take responsibility for insisting that no person(s) get in the way of the photographer or take pictures in these situations.
6. Model Release
Client grants permission to photographer and its assigns, licensees, and sub licensees, 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.
7. Assign ability and Parties of Interest:
Client agrees and understands that, unless otherwise specified in this Contract, client is not contracting for a personal service that will be performed by any specific photographer. Photographer may sub-contract or assign this contract to any second-shooter, photographer may assign any photographers associated with the photography company to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.