Commercial Head Shot Contract

This is an agreement contract between the above referenced Client Name, known for the purposes of this Agreement as “CLIENT,” and Brenda Acuncius Photography, known for the purposes of this Agreement as PHOTOGRAPHER. CLIENT and PHOTOGRAPHER agree to the following:

1. Services

1.1. PHOTOGRAPHER agrees to reserve the scheduled session date(s), time(s) and location(s) to provide the CLIENT with the service of a photo session(s).

1.2. Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of the photo session(s). PHOTOGRAPHER is not responsible if key individuals fail to appear or cooperate during photo session(s) or for missed images due to details not revealed to PHOTOGRAPHER.

1.3. CLIENT warrants that he or she has actual authority to agree to the use of the likeness of all persons included in photo session(s) and shall indemnify and defend PHOTOGRAPHER in the event of litigation arising out of such use.

1.4. PHOTOGRAPHER will take photographs of CLIENT during the photo session(s). Below is the list of services provided:

Head Shot Sessions: 40-50 People – $30/Per Person:
-10-15 minutes per person in studio setting.
-Split between 2 days of shooting.
-5-7 photos are taken per person, on average.
-Includes 3 high-resolution digital downloads of each person’s best photos.
-All photos are processed and edited for exposure, color, and clarity.

Group Photos: 5 Group Photos – $60/Per Photo:
-Scheduled on different day from head shots.
-Includes high-resolution digital download of each group shot.
-All photos are processed and edited for exposure, color, and clarity.

Landmark Photos: 10-15 Landmark Photos – $50/Per Landmark:
-Scheduled on different day from head shots and group shots.
-Includes high-resolution digital download of each landmark photo.
-All photos are processed and edited for exposure, color, and clarity.

1.5. Within 10-14 days of final payment being made, PHOTOGRAPHER will give CLIENT online access to a password-protected web gallery of proofing images. Images will be low-resolution proofs for online viewing only. CLIENT will have access to the proofing gallery for 7 days. CLIENT will select three (3) images per session/individuals from the gallery as final images from the session(s). PHOTOGRAPHER will deliver the final selected full-resolution images via an online file transfer service within 5 days of CLIENT’s notification of final selection.

2. Copyright and Licensing of Images

2.1. CLIENT understands and agrees that PHOTOGRAPHER owns the copyright to all images and reserves all rights to them. PHOTOGRAPHER has unlimited worldwide rights to the images, including full and exclusive commercial and reproduction rights.

2.2. PHOTOGRAPHER grants to CLIENT usage rights for the final images. This includes posting of images on CLIENT’s website. CLIENT may not sell the images in either digital or print form.

3. Payment

3.1. CLIENT agrees to pay a deposit of $300 at the time of scheduling and the balance is to be paid in full at the end of the head shot/group shot photo session(s).

4. Rescheduling and Cancellation

4.1. In the unlikely event that PHOTOGRAPHER is unable to provide the services on the scheduled date, the CLIENT may reschedule the session(s) and the terms of this Agreement to a future date or terminate the agreement without further action.

5. Limit of Liability

5.1. Services provided are non-refundable.

5.2. If for any reason CLIENT is not entirely satisfied, please communicate with PHOTOGRAPHER immediately so the issue can be resolved. Re-shoots will be done at the sole discretion of PHOTOGRAPHER.

5.3. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond PHOTOGRAPHER’s control, PHOTOGRAPHER’s liability is limited to scheduling a new photo session(s) in order to complete services paid for. PHOTOGRAPHER is not responsible for refunding any fees or any other expenses or fees paid by CLIENT to any third party such as a makeup artist.

5.4. CLIENT understands and agrees that PHOTOGRAPHER is not responsible for or liable in any way for any damage to or loss of CLIENT’s belongings or for any personal injury to CLIENT before, during or after the photo session(s).

5.5. CLIENT shall indemnify, defend and hold harmless PHOTOGRAPHER and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.

5.6. Both parties agree to seek a third-party mediator or arbitrator for any disputes that arise as a result of this Agreement.