PHOTOGRAPHY SERVICE AGREEMENT
The Parties. This Photography Service Agreement (“Agreement”) made ________________________,
20_______ (“Effective Date”), is by and between, Kayla Brock Photography, with a mailing address of
______________________________________, City of Portland, State of Oregon (“Photographer”) AND
_________________________, with a mailing address of _______________________________, City of
___________________, State of ___________________ (“Client”). Photographer and Client are each
referred to herein as a “Party” and, collectively, as the "Parties."
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client and the Photographer shall work under the terms and conditions hereby agreed upon by the Parties:
I. Term. The term of this Agreement shall commence on ___________________, 20____ and shall continue for two (2) years. This Agreement will terminate automatically at the end of the Agreement term or with at least 30-days written notice of either party.
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Service. The Photographer agrees to provide photography services as outlined in the attached Service Request. See attachment A. Hereinafter known as the “Service”.
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Payment. The amount of Payment shall be determined based on the services and amount as agreed in the Service Request. See Attachment A.
IV. Retainer. The Client agrees to pay a non-refundable retainer fee to the Photographer in the amount of 50% of the total amount of services as outlined in the Service Request (See Attachment A) as an advance on future Services under a Service Request ("Retainer").
V. Model Release. This photography service agreement serves as a model release. This grants the Photographer the right to use all images and footage without restriction for advertising, portfolios, and other lawful purposes. The Client waives the right to inspect any images produced using the images or footage from the services resulting from this contract, and the right to restrict the use of the images or footage from the services by the Photographer.
VI. Intellectual Property Rights. All photographs and footage are and shall remain the sole intellectual property of the Photographer in accordance with state of Oregon, ORS 359-355 Copyright Laws. The Client hereby waives any rights to intellectual property ownership, monetization, or reproduction of the images and footage created by the Photographer, with exception of the terms of any formal written releases provided to the Client by the Photographer.
VII. Unauthorized Reproduction. Client agrees not to modify the images or footage provided by the Photographer without first obtaining a formal written release signed by the Photographer. The client shall affix Kayla Brock Photography copyright and photo credit notice to any images posted by the client. This includes the posting of Images on any and all Intranet and Internet websites used by client. Copyright notice/photo credit shall contain copyright symbol, photo year and Photographer name, Represented as follows: © 2020 Kayla Brock Photography. Should the Photographer discover any violations to this agreement, the Client agrees to be held financially responsible at a rate of $1000 per violation.
VIII. Inspection of Services. Final Payment for Services shall be subject to the Client inspecting the completed Services of the Photographer. If any of the Services performed by the Photographer pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Photographer, at which time the Photographer shall promptly correct such work within a reasonable time.
IX. Confidentiality. Photographer acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”).
Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Photographer shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Photographer or any other person, except with the prior written consent of the Client.
X. Taxes. Photographer shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, Photographer shall pay all applicable sales or use taxes on the labor provided and materials furnished or otherwise required by law in connection with the Services performed.
XI. Independent Contractor Status. Photographer acknowledges that they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Photographer shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Photographer represent to anyone that it has a right to do so.
XII. Limitation of Liability. The liability of the Parties under this Agreement is limited to the project amount as identified in the Service Request.
XIII. Default. In the event of default under this Agreement, the defaulting Party shall reimburse the non-defaulting Party for all costs and expenses reasonably incurred by the non-defaulting Party in connection with the default.
XIV. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.
XV. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of Oregon.
XVI. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
XVII. Additional Terms & Conditions. _______________________________________________________
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XVIII. Entire Agreement. This Agreement along with the resulting Service Request(s) (see Attachment A) constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers.
Client’s Signature _________________________________________________ Date ________________
Print Name ______________________________________________________
Photographer’s Signature ___________________________________________ Date ________________
Print Name _____________________________