Wedding Photography Contract Template for Your Business

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Starting a journey as a wedding photographer brings excitement, creativity, and the need for meticulous planning. Wedding photography means you are there to capture the moments of this important day for your client. A well-crafted wedding photography contract serves as the cornerstone of a successful business, establishing clear expectations and safeguarding both parties involved. In this guide, we explore a comprehensive wedding photography contract template tailored to your business needs, addressing common questions and offering insights into customization and legal considerations.

What is a Wedding Photography Contract Template?

A Wedding Photography Contract Template is a pre-drafted document that outlines the terms between the two parties and conditions to agree upon between a photographer and a couple hiring their services for a wedding. It binds both the photographer and the couple and serves as a legally binding agreement that clearly defines the scope of work for meeting the expectations, and responsibilities, and also specifies the rights of both parties involved. This document also dictates the timeline of the ceremony and covers various aspects of the photography services, including the scope of work, payment details, timelines, and any specific requirements outlined by the couple.

Crafting a comprehensive Wedding Photography Contract Template is crucial for establishing a clear understanding between the photographer and the clients. It gives consent and helps to avoid misunderstandings, conflicts, and provides a solid foundation for a professional working relationship.

Benefits of Using a Contract Template

Using a Wedding Photography Contract Template offers numerous benefits for both photographers and clients:

Clarity and Transparency: A draft of the contract template ensures payment for the service and that all the terms and conditions are communicated. This helps in avoiding any confusion regarding the services, fees, and deliverables. It also stipulates the deliverables for the client.

Legal Protection: The contract serves as a legal safeguard that provides protection against any misconduct for both parties. In the unfortunate event of a dispute, having a detailed contract can provide a clear reference point to resolve issues and secure the interests of both the photographer and the clients.

Professionalism: Providing clients with a professionally crafted contract instills confidence. It reflects a photographer's commitment to a transparent and organized business approach, fostering trust with the clients.

Scope of Work: The contract template outlines the specific services the photographer will commit to, ensuring that both parties are on the same page regarding the extent of coverage, post-processing, and any additional services. In fact, there is a separate section for bridal photography in this scope while groom photography happens in the same scope.

Payment Terms: Clearly defining payment details, including the total fee, payment schedule, and any additional charges, helps in preventing disputes related to finances. It establishes the expectations of the parties and promotes a smoother transaction process.

When to Use the Wedding Photography Contract Template

Congratulations on landing a wedding photography gig! Now, before you dive into capturing those magical moments, it's crucial to ensure that both you and your clients are on the same page. This is where a Wedding Photography Contract Template comes into play. Whether you're a seasoned pro or just starting your photography business, using a contract template is a smart move.

Protecting Both Parties

A wedding is a once-in-a-lifetime event, and emotions can run high. A contract that is drafted for a wedding photoshoot serves as a legal safeguard for both you and the couple. It outlines the responsibilities and rights of each party, protecting you from any potential legal complications. From copyright issues to liability concerns, a comprehensive contract ensures that everyone understands their role, reducing the risk of misunderstandings.

Clarifying Expectations

Your artistic control may be crystal clear in your mind, but it's essential to communicate this effectively to your clients. The contract acts as a roadmap, clearly defining what services you will provide. It covers everything from the number of hours you'll amend to the delivery timeline for the final photos. By laying out expectations in writing, you avoid potential disputes down the road and ensure that your clients know exactly what they're getting.

Scope of work for contract

Addressing Payment and Pricing

No one likes surprises, especially when it comes to money. Your contract should spell out the nitty-gritty details of payment, including the total cost, deposit amount, and the due dates. These aspects not only help you get paid promptly but also confirm the clear expectations for your clients. Plus, having these terms in writing can be immensely helpful in case payment issues arise, providing a solid foundation for resolution.

Payment feature for your contract template


Handling Cancellations and Refunds

Life happens, and sometimes events need to be cancelled or rescheduled. The contract you sign should address the process for cancellations and refunds, protecting both parties in case unforeseen circumstances arise. This section outlines the conditions under which a cancellation is acceptable to finalize the refund policy, and any potential fees involved. Having this information upfront avoids potential disagreements and ensures a fair resolution for everyone involved.

Ready to take the stress out of contract creation? Head over to Bonsai to access a free and customizable Wedding Photography Contract Template.

Download our free Wedding Photography Contract Template now!

Components of a Successful Wedding Photography Contract

Planning a wedding involves numerous details, and as a wedding photographer, having a well-structured contract is crucial to ensure a smooth and successful collaboration with your clients. Let's break down the contract that contains clauses about service security and mentions the essential components that make up a successful wedding photography contract.

Wedding photography contract

Client Details

Begin your contract by clearly outlining the client's details. Include the name of the couple, their contact information, and the wedding date and venue or the location. This section sets the foundation for the entire agreement, ensuring that both parties are on the same page regarding the who, what, when, and where of the wedding photography services.

Payment Terms & Schedules

Clearly define the financial aspect of your services. Outline the total cost of your photography package, any initial deposits required, and the schedule for subsequent payments. Be specific about the payment methods you accept, and set deadlines for each installment. This ensures transparency and helps avoid any misunderstandings regarding the financial commitments involved.

Cancellation Policy & Refunds/Rescheduling Fees

In the unpredictable world of weddings, it's essential to have a clear cancellation policy. Outline the conditions under which either party can cancel the contract and any associated fees or refunds. Additionally, address the possibility of rescheduling and the fees involved. This protects both you and the clients, providing a fair framework for unforeseen circumstances.

Model Release Form & Usage Rights

Include a model release form in your contract, specifying the usage rights for the photographs. The form and contract can be in the form of a PDF or any format that is more convenient for the two and governs the usage of rights and it also requires signatures from both. Clearly state whether the clients are comfortable with their images being used for promotional purposes, such as on your website or in marketing materials. This helps manage expectations and ensures that both parties are aligned on the intended use of the wedding photos.

Entire Understanding Clause

Wrap up your contract with an "Entire Understanding" clause. This section emphasizes that the written contract represents the complete agreement between you and the clients, superseding any prior discussions or agreements. It helps prevent misunderstandings and provides a clear reference point for both parties.

Types of Wedding Photography Contracts

When it comes to safeguarding your wedding photography business, choosing the right contract is as vital as capturing the perfect shot. The standard contract serves as the comprehensive backbone, outlining all essential details from service scope to payment terms. It's the go-to choice for intricate weddings with varied needs. On the flip side, the short form contract offers a nimble alternative for straightforward ceremonies, ensuring that the essentials are covered efficiently. For those seeking a personalized touch, the customized contract allows flexibility, letting you tailor the agreement to the unique preferences of the couple. Each type has its merits, but the common thread is clarity – a crucial element in fostering strong client relationships and building a reputable photography business.

Bonsai has many types of contract templates, including a wedding planner contract template, so don't forget to take a look at our entire contract library!

Standard Contract

The standard wedding photography contract is a comprehensive agreement that covers all the essential aspects of your services. It includes details such as the names of the couple, the wedding ceremony date, and the venue. This contract outlines the services you'll provide, the duration of coverage, and the number of final images the couple can expect.

Additionally, a standard contract addresses potential issues such as payment terms, including the deposit amount, due dates, and any potential additional fees. It's crucial to specify the rights to the images, clarifying whether the couple can share them on social media or if you retain a copy. This type of contract serves as a robust legal document that protects both parties and establishes clear expectations.

Short Form Contract

For simpler weddings or when time is of the essence, a short form contract can be a practical choice. This condensed version includes provisions about the most critical elements, providing a quick overview of the agreement. While it may not delve into extensive details, it still covers essential aspects such as the scope of services, fees, and image rights.

Short form contracts are ideal for clients with reasons like preferring a straightforward agreement and may not require the level of detail found in a standard contract. It streamlines the process while maintaining the necessary legalities to protect your interests as a photographer.

Customized Contract

Every wedding is unique, and sometimes a one-size-fits-all approach doesn't suffice. It can be customized for the client to tailor the agreement to the specific needs and preferences of the couple. This can involve adjusting the scope of services, and payment plans, or even incorporating special requests unique to the wedding.

Customization ensures that both you and the couple are comfortable with the terms, fostering a more personalized and collaborative relationship. While it may require more time to create, the flexibility and attention to detail in a customized contract can set your services apart and demonstrate your commitment to meeting individual client needs.

Download our Wedding Photography Contract Template now to guarantee clarity in your client collaborations!

Using Our Wedding Photography Contract Template

Congratulations on taking the first step toward ensuring you collaborate smoothly with your clients through a well-crafted wedding photography contract, courtesy of Bonsai's intuitive and customizable templates. This document serves as a crucial foundation for outlining expectations, protecting your interests, and fostering clear communication. In this guide, we'll walk you through the process of using Bonsai's Wedding Photography Contract Template, covering everything from choosing the right template to setting the terms.

Wedding photography cost

Choosing the Right Bonsai Template

Bonsai understands the intricacies of the freelance and creative industries, providing templates that are not only legally sound but also user-friendly. Begin by accessing Bonsai's platform and downloading the Wedding Photography Contract Template, ensuring that it aligns with the legal requirements in your jurisdiction.

Consider the following elements of a contract that serves as a legal agreement when choosing a Bonsai template:

Legal Compliance

Rest easy knowing that Bonsai's templates are designed by legal experts to ensure compliance with industry standards and regional regulations. This feature saves you time and effort, giving you peace of mind.

Clarity and Simplicity

Bonsai's commitment to user-friendly interfaces means that their templates designate clear language and avoid unnecessary jargon. This ensures that both you and your clients fully comprehend the terms of the agreement.

Comprehensive Coverage

Explore the comprehensive coverage of Bonsai's templates, addressing all essential aspects of a wedding photography agreement. From timelines to payment details, cancellation policies, and intellectual property rights, Bonsai's templates leave less room for misunderstandings.

Personalizing Your Bonsai Template

Once you've selected the Bonsai template, personalizing it is a breeze. This step allows you to tailor the contract to your specific services and preferences, maintaining a professional and branded appearance. For example, personalizing can be done by asking for a separate album of candid pictures of family, guests, and friends. Or outdoor pictures or the couple posed in a garden.

Branding

Add your business name, logo, and contact information at the top of the Bonsai template. This not only gives the contract a personalized touch but also reinforces your brand identity.

Customization

Bonsai's versatile template allows you to customize sections based on the unique aspects of each wedding you photograph. Whether it's a destination wedding or a specific theme, make sure the contract reflects the individuality of each client's event. Plus, the happiness and comfort of the bride, groom, and family are equally important.

Terms and Conditions

Review and adjust the terms and conditions section of the Bonsai template to match your business policies. Clearly state your payment schedule, any additional charges, and the process for handling unforeseen circumstances.

Clearly Defining Deliverables with Bonsai

Bonsai's Wedding Photography Contract Templates for example the video release form that aids in clearly defining what both parties can expect, protecting you as the photographer, and setting realistic expectations for your clients.

Services Included

Specify the service that delineates the boundaries of Bonsai's template, which sets forth the conditions for covering pre-wedding consultations, the number of photographers present, hours of coverage, and post-production details. While mentioning the services also state about the photo album options and pricing you offer.

Deliverables

Leverage Bonsai's template to clearly outline expected deliverables, such as the number of edited photos, the format of delivery, any additional products like albums, negatives, or prints, the number of photographers at the event, or the list of must-have shots. This clarity helps manage your client's expectations. Plus, even get the digital print of the cover image separately with the photo backup and storage methods mentioned in the contract.

Setting the Terms with Bonsai

The terms section of your contract, powered by Bonsai, establishes rules and guidelines for both you and your clients to follow. In this manner, clarity is key to avoiding misunderstandings and disputes.

Payment Schedule

Use Bonsai's template to clearly outline the payment schedule, including any deposits, installment plans, or final monies as well as the meal of the day and Extra costs (e.g., travel, accommodation) and whether there is special equipment or props used. Specify the consequences of late payments to encourage timely settlements.

Cancellation and Rescheduling

Address possibilities of cancellation or rescheduling with the help of Bonsai's template. Define the conditions under which refunds may be issued and how the process should be initiated.

Intellectual Property Rights

Leverage Bonsai's photography agreement template to clearly state the ownership of photographs and any rights granted to clients, protecting your work and ensuring clients understand how they can use the images.

Tips for a Successful Wedding Photography Contract

Planning a wedding reception is a monumental task, and as a wedding photographer, having a solid contract in place is crucial to ensure a smooth and successful collaboration with your clients. A well-crafted wedding photography contract not only protects your interests but also establishes clear expectations for both parties involved. Let's delve into some essential tips to consider when creating your wedding photography contract template.

Be Explicit in Your Descriptions

When it comes to crafting a wedding photography contract, clarity is key. The document should leave no room for ambiguity, outlining every detail that pertains to your services. Start with a comprehensive description of the services you will provide, covering aspects such as the number of hours of coverage, the inclusion of a second photographer, and in addition services like engagement shoots or album creation.

Be explicit about the deliverables as well. Specify the number of Photo editing and retouching details the clients can expect to receive, the format in which they will be delivered, and the turnaround time for photos or timeline for delivery. Transparency in your descriptions ensures that both parties have a clear understanding of what is included in the package, minimizing the risk of misunderstandings later on.

Set Clear Expectations and Deadlines

A successful wedding photography contract should include a section on expectations and deadlines. Clearly outline the timeline for key milestones, such as when the clients can expect to receive proofs, when the final edited photo will be delivered, and any other relevant deadlines. This not only helps manage client expectations but also establishes a structured workflow for your business.

Include details about the payment schedule as well. Specify the total cost of your services, the deposit amount, and when the final payment is due. Clearly communicate any additional fee or return for extra services or extended coverage beyond the initially agreed-upon hours. A well-defined payment structure ensures that both parties are on the same page regarding financial obligations.

Understanding Copyrights and Image Distribution

Addressing copyright and image distribution is a critical aspect of a wedding photography contract. Clearly state the ownership of the images, specifying whether you retain the copyright or if the clients will have full rights to the photos for personal use. If you maintain the copyright, outline any restrictions on the client's use of the images and whether they need your permission for commercial purposes.

Include details about how the images will be delivered and in what format. Many photographers use online galleries or USB drives for image delivery. If it is on the cloud then how you will proceed? With an online gallery access or add account. Be explicit about the resolution and quality of the images clients will receive. Discuss the use of watermarks, if any, and whether clients are allowed to edit the photos themselves.

Handling Cancellations: Preparing for the Unexpected

Weddings are unpredictable, and sometimes, cancellations or rescheduling may be unavoidable. Your contract should have a section addressing the procedures and policies in case of cancellations or changes in the wedding date. Clearly state your cancellation policy, including any refundable or non-refundable deposits, and whether there are fees associated with rescheduling.

Consider including a provision for unforeseen circumstances, such as equipment failure or personal emergencies on your end. Outline your plan for finding a suitable replacement photographer in such cases, ensuring that the clients are aware of the contingency measures you have in place to deliver the promised services.

Key Takeaways

A solid contract highlights the responsibilities of the photographer and the clients and is more than a legal formality—it's a roadmap for a seamless collaboration between the photographer and the couple. Our customizable contract templates not only streamline the booking process but also reserve trust and transparency. By proactively addressing the FAQ and highlighting the importance of legal consultation, you're not just capturing moments; you're safeguarding your business and building lasting relationships with clients. Elevate your photography venture with a contract that reflects professionalism and ensures a joyous journey from engagement to the final frame.

FAQs

How Customizable is a Wedding Photography Contract Template?

Absolutely! Our wedding photography contract template is designed to be flexible and customizable to meet the unique needs of your business. You can easily book it to reflect your specific services, pricing, and terms. Whether you prefer a traditional or modern approach, the template allows room for personalization to showcase your brand identity.

Do I Need to Consult a Lawyer When Using a Wedding Photography Contract Template?

While our template is carefully crafted by legal professionals to cover essential aspects, it's always a good idea to consult with a lawyer to ensure compliance with local laws. A quick review by a legal expert adds an extra layer of protection, providing peace of mind for both you and your clients.

What Should I Do If the Couple Wants to Make Changes to the Contract after it is signed?

Flexibility is key. If changes are requested after taking the signatures, it's crucial to communicate openly with the couple. Assess the proposed modifications, negotiate terms if needed, and document any agreed-upon changes in a formal addendum. This ensures clarity and maintains a positive client relationship throughout the wedding planning process.

Frequently Asked Questions
Questions about this template.

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Wedding Photography Contract Template for Your Business

Wedding Photography Contract

Photographer
First Name
Last Name
Acme LLC.
Client
First Name
Last Name
Corporation Corp.

This Contract is between Client (the "Client") and Acme LLC, a California limited liability company (the "Photographer").

The Contract is dated [the date both parties sign].

1. WORK AND PAYMENT.

1.1 Project. The Client is hiring the Photographer to do the following: [SERVICE DESCRIPTION]

1.2 Schedule. The Photographer will begin work on [DATE] and will continue until the work is completed. This Contract can be ended by either Client or Photographer at any time, pursuant to the terms of Section 4, Term and Termination.

1.3 Payment. The Client will pay the Photographer a flat fee of [PROJECT RATE]. Of this, the Client will pay the Photographer [DEPOSIT AMOUNT] before work begins.

1.4 Expenses. The Client will reimburse the Photographer's expenses. Expenses do not need to be pre-approved by the Client.

1.5 Invoices. The Photographer will invoice the Client at [INVOICE FREQUENCY]. The Client agrees to pay the amount owed within [X DAYS TO PAY] days of receiving the invoice. Payment after that date will incur a late fee of [LATE FEE PERCENTAGE]% per month on the outstanding amount.

2. OWNERSHIP AND LICENSES.

2.1 Client Owns All Work Product. As part of this job, the Photographer is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Photographer works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Photographer hereby gives the Client this work product once the Client pays for it in full. This means the Photographer is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.

2.2 Photographer's Use Of Work Product. Once the Photographer gives the work product to the Client, the Photographer does not have any rights to it, except those that the Client explicitly gives the Photographer here. The Client gives permission to use the work product as part of portfolios and websites, in galleries, and in other media, so long as it is to showcase the work and not for any other purpose. The Client does not give permission to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.

2.3 Photographer's Help Securing Ownership. In the future, the Client may need the Photographer's help to show that the Client owns the work product or to complete the transfer. The Photographer agrees to help with that. For example, the Photographer may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Photographer, the Photographer agrees that the Client can act on the Photographer's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can’t find the Photographer after spending reasonable effort trying to do so, the Photographer hereby irrevocably designates and appoints the Client as the Photographer's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Photographer and on the Photographer's behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).

2.4 Photographer's IP That Is Not Work Product. During the course of this project, the Photographer might use intellectual property that the Photographer owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Photographer is not giving the Client this background IP. But, as part of the Contract, the Photographer is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 9.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Photographer cannot take back this grant, and this grant does not end when the Contract is over.

2.5 Photographer's Right To Use Client IP. The Photographer may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Photographer to build a website, the Photographer may have to use the Client’s logo. The Client agrees to let the Photographer use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Photographer's job. Beyond that, the Client is not giving the Photographer any intellectual property rights, unless specifically stated otherwise in this Contract.

3. REPRESENTATIONS.

3.1 Overview. This section contains important promises between the parties.

3.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.

3.3 Photographer Has Right To Give Client Work Product. The Photographer promises that it owns the work product, that the Photographer is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Photographer uses employees or subcontractors, the Photographer also promises that these employees and subcontractors have signed contracts with the Photographer giving the Photographer any rights that the employees or subcontractors have related to the Photographer's background IP and work product.

3.4 Photographer Will Comply With Laws. The Photographer promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.

3.5 Work Product Does Not Infringe. The Photographer promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Photographer has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Photographer has entered into or will enter into with someone else.

3.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Photographer if the Photographer has questions regarding this project, and to provide timely feedback and decisions.

3.7 Client-Supplied Material Does Not Infringe. If the Client provides the Photographer with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.

4. TERM AND TERMINATION.

This Contract is ongoing until the work is completed. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 9.4. The Photographer must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Photographer for the work done up until when the Contract ends and will reimburse the Photographer for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Representations); 6 (Confidential Information); 7 (Limitation of Liability); 8 (Indemnity); and 9 (General).

5. INDEPENDENT CONTRACTOR.

The Client is hiring the Photographer as an independent contractor. The following statements accurately reflect their relationship:

  • The Photographer will use its own equipment, tools, and material to do the work.
  • The Client will not control how the job is performed on a day-to-day basis. Rather, the Photographer is responsible for determining when, where, and how it will carry out the work.
  • The Client will not provide the Photographer with any training.
  • The Client and the Photographer do not have a partnership or employer-employee relationship.
  • The Photographer cannot enter into contracts, make promises, or act on behalf of the Client.
  • The Photographer is not entitled to the Client’s benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).
  • The Photographer is responsible for its own taxes.
  • The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for the Photographer or any of the Photographer's employees or subcontractors.

6. CONFIDENTIAL INFORMATION.

6.1 Overview. This Contract imposes special restrictions on how the Client and the Photographer must handle confidential information. These obligations are explained in this section.

6.2 The Client’s Confidential Information. While working for the Client, the Photographer may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Photographer promises to treat this information as if it is the Photographer's own confidential information. The Photographer may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Photographer use a customer list to send out a newsletter, the Photographer cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Photographer written permission to use the information for another purpose, the Photographer may use the information for that purpose, as well. When this Contract ends, the Photographer must give back or destroy all confidential information, and confirm that it has done so. The Photographer promises that it will not share confidential information with a third party, unless the Client gives the Photographer written permission first. The Photographer must continue to follow these obligations, even after the Contract ends. The Photographer's responsibilities only stop if the Photographer can show any of the following: (i) that the information was already public when the Photographer came across it; (ii) the information became public after the Photographer came across it, but not because of anything the Photographer did or didn’t do; (iii) the Photographer already knew the information when the Photographer came across it and the Photographer didn’t have any obligation to keep it secret; (iv) a third party provided the Photographer with the information without requiring that the Photographer keep it a secret; or (v) the Photographer created the information on its own, without using anything belonging to the Client.

6.3 Third-Party Confidential Information. It’s possible the Client and the Photographer each have access to confidential information that belongs to third parties. The Client and the Photographer each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Photographer is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.

7. LIMITATION OF LIABILITY.

Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.

8. INDEMNITY.

8.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Photographer or both. For example, if the Client gets sued for something that the Photographer did, then the Photographer may promise to come to the Client’s defense or to reimburse the Client for any losses.

8.2 Client Indemnity. In this Contract, the Photographer agrees to indemnify the Client (and its affiliates and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Photographer has done under this Contract; (ii) a breach by the Photographer of its obligations under this Contract; or (iii) a breach by the Photographer of the promises it is making in Section 3 (Representations).

8.3 Photographer Indemnity. In this Contract, the Client agrees to indemnify the Photographer (and its affiliates and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.

9. GENERAL.

9.1 Assignment. This Contract applies only to the Client and the Photographer. The Photographer cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Photographer's permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.

9.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.

9.3 Modification; Waiver. To change anything in this Contract, the Client and the Photographer must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.

9.4 Notices.

(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.

(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.

9.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.

9.6 Signatures. The Client and the Photographer must sign this document using Bonsai’s e-signing system. These electronic signatures count as originals for all purposes.

9.7 Governing Law. The laws of the state of California govern the rights and obligations of the Client and the Photographer under this Contract, without regard to conflict of law principles of that state.

9.8 Entire Contract. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.

THE PARTIES HERETO AGREE TO THE FOREGOING AS EVIDENCED BY THEIR SIGNATURES BELOW.

Photographer
First Name
Last Name
Acme LLC.
Client
First Name
Last Name
Corporation Corp.