Photography Contract
This agreement is between G&S Photos and [the acceptor of this document] (hereafter referred to as “CLIENT(s)”).
1. Scope of Work:
This contract is for services and products related to a photography photo shoot (hereafter referred to as “shoot” or “the shoot”).
G&S Photos and CLIENT(s) are to arrive for the shoot at the time booked and at the location determined during the consultation.
2. Payment Terms:
In consideration for the photography services provided by G&S Photos, CLIENT(s) agrees to pay the gross sum as shown for the package booked. CLIENT(s) agrees to pay the photographer a non-refundable, initial payment already assigned to each package for the photography services upon accepting this contract. The initial payment reserves the photographer’s time and is not a deposit. G&S Photos agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT(s) cancels this shoot for any reason, the initial payment will not be returned to CLIENT(s).
The final payment equal to the balance of the total payment, as outlined previously in the booking process, is due no later than five days before the shoot. Failure to do so may result in extended turnaround times and/or shoot cancellation. If CLIENT(s) wishes to purchase additional photos separately after the shoot, payment for those photos is due immediately before delivery of photos to client.
Rescheduling is possible for no extra charge if done 48+ hours before the date of the shoot as outlined previously. A $30 fee will be added for rescheduling between 47-24 hours before the shoot date as outlined previously. No rescheduling option is available for within 24 hours and the day of the shoot due to inability to reschedule clients for that time slot. Please refer to the following chart for rescheduling opportunities:
Hours Until Shoot
48+ hours prior
47-24 hours prior
< 24 hours
Price to Reschedule
US$0.00
US$30.00
No Reschedule
3. Work Product:
G&S Photos will deliver proofs of photos to CLIENT(s) no more than 30 days after the date of the shoot. CLIENT(s) understands and agrees that proofs are the exclusive property of G&S Photos and the CLIENT(s) has no right to these photos except for a license to review the proofs, but not store, screenshot, or keep them in any way. CLIENT(s) has 7 days from delivery date of proofs to choose which photos they wish to edit further and finalize.
The number of edited and finalized photos matching the package chosen will be licensed to the CLIENT(s) to keep, store, and post for personal use with a maximum resolution of [5616 x 3744] and/or [6000 x 4000]. CLIENT(s) understands that transferring of images through multiple platforms (example: sending through WhatsApp, text message, and/or sending through Facebook messenger) will compress and subsequently lower the quality of the photo and file. All photos delivered to CLIENT(s) are licensed for CLIENT(s)’S personal use only. CLIENT(s) are not permitted to sell photos taken by G&S Photos without obtaining written permission signed by G&S Photos.
G&S Photos does not guarantee quality of any prints not printed directly through G&S Photos.
4. Indemnifications:
4.1 — G&S Photos and CLIENT(s) agree that G&S Photos is under no obligation to capture any specific moment, pose, or person(s) during the shoot. This includes children making unideal faces (for example: funny faces and/or upset faces).
4.2 — If G&S Photos 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, G&S Photos will return in full all payments made by CLIENT(s) to G&S Photos in relation to this shoot minus the non-refundable initial payment.
4.3 — CLIENT(s) agrees to indemnify and hold harmless G&S Photos for any liability, damage, or loss related to technological failure, including data loss.
4.4 — CLIENT(s) agrees to hold G&S Photos harmless for any personal injury which may occur as the CLIENT(s) poses or works with G&S Photos.
4.5 — G&S Photos will strive to present themselves and their photos in a workmanlike and professional manner but is not required to cater to specific aesthetic preferences of CLIENT(s).
4.6 — G&S Photos is able to remove themselves from the shoot location with no refund for client if for any reason CLIENT(s)’S party makes G&S Photos feel unsafe. This includes, but is not limited to: someone in CLIENT(s)’S party is intoxicated and/or violent, someone in CLIENT(s)’S party is armed with a weapon, and/or someone in CLIENT(s)’S party is harassing G&S Photos in any way.
4.7 — If weather makes the shoot impossible to proceed safely (example: rain or wind), the shoot can be rescheduled or relocated for no additional fee or charge.
4.8 — CLIENT(s) agree to not eat food or snacks that stain the teeth/mouth prior to the shoot. G&S Photos will not remove stained coloration in post without an additional fee.
4.9 — CLIENT(s) agree to arrive to the shoot location on time. A $50 late fee will be added to final shoot cost if CLIENT(s) fails to arrive within 15 minutes after shoot start time as outlined in Section “1. Scope of Work”.
4.10 — CLIENT(s) is responsible for any broken or damaged props, equipment, and/or stage setting caused by CLIENT(s)’S party. Reimbursement in full for such damaged or broken items is due immediately following the damage and before any photos are delivered to CLIENT(s).
4.11 — CLIENT(s) are responsible for saving, storing, and backing-up photos in a timely manner. G&S Photos is not required to keep and store proofs or final edits for the CLIENT(s) 60 calendar days after the shoot date as outlined in Section “1. Scope of Work”.
4.12 — CLIENT(s) agrees to not edit final photos. This includes Instagram filters, app based photo manipulators, and/or cropping of finalized photos. Final edits done by G&S Photos represent G&S Photos artistic view.
5. Permit Retrievals/ Photography Permissions:
CLIENT(s) will obtain all permissions necessary for G&S Photos to photograph at the shoot. G&S Photos has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT(s) 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.
6. Exclusive Photography Terms:
CLIENT(s) agrees and understands that no other party other than G&S Photos 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(s) agrees to take responsibility for insisting that no person(s) get in the way of the G&S Photos or take pictures in these situations.
7. Model Release:
CLIENT(s) grants permission to G&S Photos and its assigns, licensees, and sublicensees, permission to use CLIENT(s)’S images or likenesses in any and all forms of media for commercial purposes, advertising, trade, personal use, etc. Therefore, G&S Photos may use CLIENT(s)’S likeness and image on G&S Photos’S website or other advertising. G&S Photos may sell photos containing CLIENT(s)’S likeness to third parties but not without informing the CLIENT(s) prior to doing so.
8. COVID - 19:
CLIENT(s) agree that no-one in CLIENT(s)’S party will be at the shoot with flu-like symptoms. If any flu-like symptoms are viewed by G&S Photos, the shoot will end immediately with no refund issued. Masks must be worn before shooting commences, during known pauses in shooting totaling more than 5 minutes, and after shoot is completed. It is policy for all G&S Photos representatives to wear masks during the entire duration of the shoot. Sanitizers will be available upon request and all equipment is cleaned prior to shooting.