COMMERCIAL HEADSHOT CONTRACT
This is an agreement contract between the above referenced Client Name, known for the purposes of this Agreement as “CLIENT,” and BKN Creative | DZI Photography, known for the purposes of this Agreement as PHOTOGRAPHER. CLIENT and PHOTOGRAPHER agree to the following:
1.1. PHOTOGRAPHER agrees to reserve the scheduled session date, time and location to provide the CLIENT with the service of a Photo Shoot Session.
1.2. Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this session. PHOTOGRAPHER is not responsible if key individuals fail to appear or cooperate during photo sessions 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 portrait(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). CLIENT will select (3) images per session from the gallery as final images from the session. PHOTOGRAPHER will deliver the final 3 images via an online file transfer service within 7 days of CLIENT’s notification of final selection. The final images will include complete retouching.
1.5. CLIENT understands and agrees that PHOTOGRAPHER will deliver 3 final retouched full-resolution images (per session) at 300 DPI via an online file transfer service.
1.6. CLIENT understands and agrees that low-resolution images in the online proofing gallery may not be reproduced or distributed or printed by any means whatsoever.
1.7 NO TANGIBLE PERSONAL PROPERTY IS TRANSFERRED TO THE CLIENT IN THIS CONTACT
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. Further, this agreement serves as an official photo/model release.
2.2. PHOTOGRAPHER grants to CLIENT usage rights for the 3 final images from each individual’s session. This includes posting of images on client’s website. CLIENT may not sell the images in either digital or print form.
3.1. CLIENT agrees to pay for the session in full by the session date.
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 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. Reshoots 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 session 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 session.
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.