Commercial Photography Contract Template

COMMERCIAL PHOTOGRAPHY AGREEMENT
This Commercial Photography Agreement ("Agreement") is entered into as of [Effective Date] by and between:
Photographer: [Photographer/Studio Legal Name], with principal place of business at [Address] ("Photographer")
Client: [Client Legal Name], a [Entity Type] with its principal place of business at [Address] ("Client")
Collectively referred to as the "Parties."
1. PROJECT DESCRIPTION
1.1 The Photographer shall create professional commercial photographs for the Client as described in the Creative Brief attached as Exhibit A ("Project").
1.2 The photographs are intended for the following purpose(s): [product advertising, brand campaign, website imagery, social media marketing, packaging, etc.].
1.3 Subject matter: [products, lifestyle imagery, portraits, location shots, etc.].
2. SHOOT SCHEDULE
2.1 The shoot shall take place on [Date(s)] at [Location(s)].
2.2 Estimated shooting time: [Number] hours per day, from [Start Time] to [End Time].
2.3 If additional shooting days are required due to weather, technical issues, or scope changes, the Parties shall agree in writing on the additional schedule and compensation.
3. DELIVERABLES
3.1 The Photographer shall deliver [Number] final retouched images ("Final Images") in the following specifications:
(a) High-resolution files: [format, e.g., TIFF, 300 DPI, sRGB/Adobe RGB] for print use;
(b) Web-optimized files: [format, e.g., JPEG, 72 DPI, sRGB] for digital use;
(c) [Any additional formats or crop variations].
3.2 Final Images shall be delivered via [method, e.g., online gallery, file transfer, USB drive] within [Number] business days of the final shoot date.
3.3 The Photographer shall also provide a contact sheet or selection gallery of [Number] proof images within [Number] business days of the shoot, from which the Client shall select images for final retouching.
4. CREATIVE FEE
4.1 The Client shall pay the Photographer a creative fee of $[Amount] ("Creative Fee") for the Photographer's time, creative expertise, and technical services in producing the Project.
4.2 The Creative Fee covers up to [Number] shooting days. Additional shooting days shall be billed at $[Rate] per day.
4.3 The Creative Fee includes basic retouching and color correction for the Final Images. Advanced retouching (compositing, extensive skin retouching, background replacement) is available at $[Rate] per image.
5. USAGE LICENSE
5.1 Upon full payment, the Photographer grants the Client the following license to use the Final Images:
(a) Media: [digital advertising, social media, website, print advertising, packaging, point-of-sale, out-of-home/billboard — specify all included media];
(b) Territory: [local/regional/national/worldwide];
(c) Duration: [1 year / 2 years / 3 years / perpetual] from the date of first use;
(d) Exclusivity: [exclusive / non-exclusive] within the licensed media and territory.
5.2 Any use of the Final Images beyond the scope of this license requires a separate written agreement and additional licensing fees.
5.3 The Client shall not sublicense, sell, or transfer the images to third parties without the Photographer's prior written consent.
6. PRODUCTION EXPENSES
6.1 Production expenses are estimated at $[Amount] as detailed in the Production Budget (Exhibit B).
6.2 Production expenses include but are not limited to: [studio rental, equipment rental, props, model fees, styling, hair and makeup, catering, travel, accommodation, location permits].
6.3 The Client shall reimburse the Photographer for actual production expenses up to [110]% of the approved budget. Expenses exceeding this threshold require prior written approval from the Client.
6.4 The Photographer shall provide receipts for all production expenses upon request.
7. PAYMENT TERMS
7.1 The Client shall pay the Photographer as follows:
(a) [50]% of the Creative Fee plus [100]% of estimated production expenses due upon execution of this Agreement ("Advance Payment");
(b) Remaining [50]% of the Creative Fee plus any production overage reconciliation due within [15] business days of delivery of the Final Images.
7.2 The Usage License in Section 5 does not take effect until full payment has been received.
7.3 Late payments shall accrue interest at [1.5]% per month.
8. COPYRIGHT AND OWNERSHIP
8.1 The Photographer retains full copyright ownership of all images created under this Agreement, including outtakes and unused images.
8.2 The Client's rights are limited to the usage license defined in Section 5.
8.3 The Photographer may use the Final Images for portfolio, website, social media, competition entries, and editorial publication, provided such use does not compete with the Client's licensed use during any exclusivity period.
9. MODEL AND PROPERTY RELEASES
9.1 If the Project involves recognizable individuals, the [Photographer / Client] shall be responsible for obtaining signed model releases from all persons appearing in the Final Images.
9.2 If the Project involves identifiable private property or trademarked elements, the [Photographer / Client] shall be responsible for obtaining appropriate property releases.
9.3 The Party responsible for obtaining releases shall provide copies to the other Party upon request.
9.4 Each Party shall indemnify the other against claims arising from the responsible Party's failure to obtain required releases.
10. CANCELLATION AND POSTPONEMENT
10.1 If the Client cancels the Project:
(a) More than [30] days before the scheduled shoot: [25]% of the Creative Fee is owed, plus any non-recoverable production expenses already incurred;
(b) [14] to [30] days before the shoot: [50]% of the Creative Fee plus all incurred production expenses;
(c) Less than [14] days before the shoot: [100]% of the Creative Fee plus all incurred production expenses.
10.2 Postponement due to weather (for outdoor shoots): The shoot shall be rescheduled to the next mutually available date at no additional Creative Fee. The Client shall cover any additional production expenses resulting from the rescheduling.
10.3 If the Photographer cancels, the Photographer shall refund all payments received and shall not be liable for consequential damages.
11. CONFIDENTIALITY
11.1 The Photographer shall keep confidential all non-public information relating to the Project, including unreleased products, marketing strategies, and campaign details ("Confidential Information").
11.2 The Photographer shall not publish or share images from the Project publicly until the Client has published them or has given written permission, whichever comes first.
11.3 This obligation survives termination for [2] years.
12. LIABILITY LIMITATION
12.1 The Photographer's total liability under this Agreement shall not exceed the total fees paid by the Client.
12.2 The Photographer shall not be liable for indirect, incidental, or consequential damages, including lost revenue, lost sales, or damage to reputation.
12.3 The Photographer shall maintain professional liability insurance with coverage of at least $[Amount].
13. INDEMNIFICATION
13.1 The Client shall indemnify the Photographer against claims arising from the Client's use of the images, including claims for defamation, false advertising, or trademark infringement related to the context in which images are used.
13.2 The Photographer shall indemnify the Client against claims that the images infringe third-party copyrights or that the Photographer failed to obtain required releases for which the Photographer was responsible.
14. REVISIONS AND APPROVAL
14.1 The Client shall select images for final retouching from the proof gallery within [5] business days of delivery.
14.2 The Photographer shall deliver retouched Final Images within [Number] business days of receiving the Client's selections.
14.3 The Client is entitled to [2] rounds of revision on the Final Images. Additional revisions shall be billed at $[Rate] per image per round.
15. TERMINATION
15.1 Either Party may terminate this Agreement upon written notice in accordance with the cancellation provisions in Section 10.
15.2 Either Party may terminate immediately if the other Party materially breaches this Agreement and fails to cure within [10] days of written notice.
15.3 Provisions regarding copyright, confidentiality, indemnification, and liability limitation shall survive termination.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1 This Agreement shall be governed by the laws of the State of [State].
16.2 Disputes shall first be submitted to mediation. If unresolved within [30] days, disputes shall be resolved by binding arbitration in [City, State].
17. GENERAL PROVISIONS
17.1 This Agreement, together with its Exhibits, constitutes the entire agreement between the Parties.
17.2 Amendments require written agreement by both Parties.
17.3 If any provision is unenforceable, the remaining provisions remain in effect.
17.4 Neither Party may assign this Agreement without written consent.
17.5 Notices shall be in writing to the addresses stated above.
IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.
PHOTOGRAPHER:
Signature: ___________________________
Name: [Photographer Name]
Business: [Studio Name]
Date: ___________________________
CLIENT:
Signature: ___________________________
Name: [Authorized Representative]
Title: [Title]
Organization: [Organization Name]
Date: ___________________________