Commercial Portrait Agreement

By filling out and submitting this form,
CLIENT agrees to all terms and conditions of this agreement contract.

COMMERCIAL PORTRAIT HEADSHOT PHOTOGRAPHY AGREEMENT

This is an agreement contract between the above referenced Client Name(s), known for the purposes of this Agreement as "CLIENT," and Vizual Rhythm Media, 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, time and location to provide the CLIENT with the service of a photo shoot session.

1.2. Cooperation: The parties agree to 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). Within 7 days of final payment being made, PHOTOGRAPHER will give CLIENT online access to a private web gallery of proofing images. Images will be raw low-resolution proofs for online viewing only. CLIENT will have access to the proofing gallery for 7 days. CLIENT will select number of images per session from the gallery as indicated from photography option. PHOTOGRAPHER will deliver the final images via an online file transfer service within 7-10 days of CLIENT's notification of final selection(s). The final images will include editing.

1.5. CLIENT understands and agrees that PHOTOGRAPHER will deliver indicated number from option selection of retouched full-resolution images (per session) via online transfer.

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.

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 rights to images for portfolio usage with full and exclusive commercial and reproduction rights.

2.2. PHOTOGRAPHER grants to CLIENT usage rights for the number of delivered final images from each individual's session. This includes posting of images on client's print, web, or social media platforms. CLIENT may not sell the images in either digital or print form.

3. Payment

3.1. CLIENT agrees to secure reservation of photoshoot date with a Deposit.

3.2. CLIENT agrees to pay for the session in full by end of 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. Vizual Rhythm Media’s liability is limited to the refunding of fees paid (Deposit).

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, or photo printer.

5.4. 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.

6. Entire Agreement

6.1 This Agreement represents the entire understanding and agreement of the parties. This Agreement may not be altered, amended or supplemented in any manner, except by subsequent written agreement signed by both parties.