Terms
AGREEMENT OF PHOTOGRAPHY SERVICES*
This agreement is between Kevin Pilar of Kevin Pilar Photography (or “PHOTOGRAPHER”) and the client (or “CLIENT”). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
1. SCOPE OF WORK
This contract is for the services and products related to a photography shoot (or “shoot”) to take place at the time and location agreed upon by the PHOTOGRAPHER and the CLIENT. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT. The PHOTOGRAPHER will perform post-processing and digital image editing services on photos where artistically necessary.
2. FEE STRUCTURE
The CLIENT agrees to pay a sum equivalent to the agreed-upon rate plus relevant set service fees. For on-site shoots, the first 25km roundtrip of travel is included. All mileage in excess of 25km roundtrip is to be billed to the CLIENT at a rate that aligns with the reasonable per-kilometre allowance at the date of service. Additional fees may include but are not exclusive to props, travel, parking, accommodation, meal and transport costs. At the PHOTOGRAPHER’s discretion, the CLIENT may be required to agree to pay the PHOTOGRAPHER a non-refundable initial payment totalling 50% (fifty percent) of the total price of the photography services upon signing this contract. The initial payment reserves the PHOTOGRAPHER’s time and ensures the PHOTOGRAPHER will not advertise the availability of this same time slot to other potential clients. In the case an initial payment is collected, the amount will not be returned to the client should the CLIENT cancel the shoot for any reason. The balance of the payment for photography services must be paid in full no later than fourteen (14) days after the final assets are delivered to the CLIENT.
3. SHOOT TIME / ADDITIONS
The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the shoot, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
4. WORK PRODUCT
The PHOTOGRAPHER will deliver a gallery of proofs to the CLIENT no more than thirty (30) days after the date of the shoot. The CLIENT understands and agrees that proofs are the exclusive property of the PHOTOGRAPHER, and the CLIENT has no right to these photos except for a license to review them, but not store the proofs. All final high-resolution photos delivered to CLIENT are licensed for CLIENT’s use only. The PHOTOGRAPHER is not liable to deliver every image taken and the determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.
5. INDEMNIFICATION
The CLIENT understands and agrees that the PHOTOGRAPHER is not required to maintain copies of the photos from this shoot ninety (90) days after the photos have been delivered to the CLIENT.
The CLIENT agrees to hold the PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with the PHOTOGRAPHER
The PHOTOGRAPHER will strive to present photos in a respectable manner but is not required to cater to the specific aesthetic preferences of the CLIENT. The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.
The PHOTOGRAPHER is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage.
6. DUTY OF CLIENT
The CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the shoot. The PHOTOGRAPHER has no duty to obtain the permission of the locations to perform services. The CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to PHOTOGRAPHER, or which prevent PHOTOGRAPHER from photographing the event or location is not the fault, liability, or responsibility of PHOTOGRAPHER. The CLIENT being the legal owner of, or having the right to permit the taking and use of photographs of the private property of the shoot location grants and assigns the full perpetual rights to the PHOTOGRAPHER to take and use such photographs in advertising, trade, or for any purpose.
7. MODEL RELEASE
The CLIENT grants permission to the PHOTOGRAPHER to use the CLIENT’s image or likeness in all forms of media for commercial purposes, advertising, trade, personal use, or any other uses. Therefore, the PHOTOGRAPHER may use CLIENT’s likeness and image on the PHOTOGRAPHER’s website, social media, or other promotional platforms. The CLIENT agrees all photos taken by the PHOTOGRAPHER under this contract may be used in a public-facing portfolio.
*Updated February 13, 2023