Photography Service Contract
PHOTOGRAPHER SERVICE CONTRACT
I. The Parties. This Photographer Service Contract (“Agreement”) made ___________________, 20____ (“Effective Date”), is by and between:
Photographer: ___________________, with a mailing address of
700 Washington Street NW, City of Gainesville, State of
Georgia (“Photographer”),
AND
Client: ___________________, with a mailing address of ___________________, City of ___________________, State of ___________________ (“Client”),
Photographer and Client are each referred to herein as a “Party” and, collectively, as the "Parties."
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, the Client hires the Photographer to work under the terms and conditions hereby agreed upon by the Parties:
II. Term. The term of this Agreement shall commence on ___________________, 20____ and terminate: (check one)
☐ - At-Will: Written notice of at least ____ days’ notice.
☐ - End Date: On ___________________, 20____.
☐ - Other: _______________________________________________________.
III. The Service. The Photographer agrees to provide the following: _____________________________________________________________________.
Hereinafter known as the “Service”.
Photographer shall provide, while providing the Service, that he/she/they shall comply with the policies, standards, and regulations of the Client, including local, State, and Federal laws and to the best of their abilities.
IV. Payment Amount. The Client agrees to pay the Photographer the following compensation for the Service performed under this Agreement: (check one)
☐ - $____ / Hour
☐ - $____ / Flat Rate
☐ - Other: _______________________________________________________.
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Hereinafter known as the “Payment Amount”.
V. Payment Method. The Client shall pay the Payment Amount: (check one)
☐ - After Each Service Request
☐ - Other: _______________________________________________________.
Hereinafter known as the “Payment Method”. The Payment Amount and Payment Method collectively shall be referred to as “Compensation”.
VI. Retainer. The Client is: (check one)
☐ - To pay a retainer in the amount of $__________ to the Photographer as an advance on future Services to be provided ("Retainer"). (check one) ☐ - Retainer is Refundable.
☐ - Retainer is Non-Refundable.
☐ - Not required to pay a retainer before the Photographer is able to commence work.
VII. Inspection of Services. Any Compensation shall be subject to the Client inspecting the completed Services of the Photographer. If any of the Services performed by the Photographer pursuant to this Agreement are defective or incomplete, the Client shall have the right to notify the Photographer, at which time the Photographer shall promptly correct such work within a reasonable time.
VIII. Return of Property. Upon the termination of this Agreement, all property provided by the Client, including, but not limited to, cleaning supplies, uniforms, equipment, and any other items must be returned by the Photographer. Failure to do so may result in a delay in any final payment made by the Client.
IX. Time is of the Essence. Photographer acknowledges that time is of the essence in regard to the performance of all Services.
X. Confidentiality. Photographer acknowledges and agrees that all financial and accounting records, lists of property owned by Client, including amounts paid, therefore, client and customer lists, and any other data and information related to the Client’s business is confidential (“Confidential Information”). Therefore, except for disclosures required to be made to advance the business of the Client and information which is a matter of public record, Photographer shall not, during the term of this Agreement or after its termination, disclose any Confidential Information for the benefit of the Photographer or any other person, except with the prior written consent of the Client.
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a.) Return of Documents. Photographer acknowledges and agrees that all originals and copies of records, reports, documents, lists, plans, memoranda, notes, and other documentation related to the business of the Client containing Confidential Information shall be the sole and exclusive property of the Client and shall be returned to the Client upon termination of this Agreement or upon written request of the Client.
b.) Injunction. Client agrees that it would be difficult to measure damage to the Client's business from any breach by the Photographer under this Section; therefore, any monetary damages would be an inadequate remedy for such breach. Accordingly, the Photographer agrees that if he/she/they should breach this Section, the Client shall be entitled to, in addition to all other remedies it may have at law or equity, to an injunction or other appropriate orders to restrain any such breach, without showing or proving actual damages sustained by the Client
c.) No Release. Photographer agrees that the termination of this Agreement shall not release him/her/they from the obligations in this Section.
XI. Taxes. Photographer shall pay and be solely responsible for all withholdings, including, but not limited to, Social Security, State unemployment, State and Federal income taxes, and any other obligations. In addition, Photographer shall pay all applicable sales or use taxes on the labor provided and materials furnished or otherwise required by law in connection with the Services performed.
XII. Independent Contractor Status. Photographer acknowledges that he/she/they are an independent contractor and not an agent, partner, joint venture, nor an employee of the Client. Photographer shall have no authority to bind or otherwise obligate the Client in any manner, nor shall the Photographer represent to anyone that it has a right to do so. Photographer further agrees that in the event the Client suffers any loss or damage as a result of a violation of this provision, the Photographer shall indemnify and hold harmless the Client from any such loss or damage.
XIII. Safety. Photographer shall, at his/her/their own expense, be solely responsible for protecting its employees, sub-Photographers, material suppliers, and all other persons from risk of death, injury or bodily harm arising from or in any way related to the Services or the site where it is being performed (“Work Site”). In addition, Photographer agrees to act in accordance with the rules and regulations administered by federal law and OSHA. Photographer shall be solely responsible and liable for any penalties, fines, or fees incurred.
XIV. Alcohol and Drugs. Photographer agrees that the presence of alcohol and drugs are prohibited on the Work Site and while performing their Services. If the Photographer or any of their agents, employees, or subcontractors are determined to be present or with alcohol or drugs in their possession, this Agreement shall terminate immediately.
XV. Successors and Assigns. The provisions of this Agreement shall be binding upon and insured to the benefit of heirs, personal representatives, successors, and assigns of the Parties. Any provision hereof which imposes upon the Photographer or Client an obligation after termination or expiration of this Agreement shall survive termination or expiration hereof and be binding upon the Photographer or Client.
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XVI. Default. In the event of default under this Agreement, the defaulted Party shall reimburse the non-defaulting Party or Parties for all costs and expenses reasonably incurred by the non-defaulting Party or Parties in connection with the default, including, without limitation, attorney’s fees. Additionally, in the event a suit or action is filed to enforce this Agreement or with respect to this Agreement, the prevailing Party or Parties shall be reimbursed by the other Party for all costs and expenses incurred in connection with the suit or action, including, without limitation, reasonable attorney’s fees at the trial level and on appeal.
XVII. No Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a continuing waiver, and no waiver shall be binding unless executed in writing by the Party making the waiver.
XVIII. Governing Law. This Agreement shall be governed by and shall be construed in accordance with the laws in the State of Georgia.
XIX. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
XX. Additional Terms & Conditions. _______________________________________ ______________________________________________________________________ _____________________________________________________________________
XXI. Entire Agreement. This Agreement constitutes the entire agreement between the Parties to its subject matter and supersedes all prior contemporaneous agreements, representations, and understandings of the Parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all Parties.
IN WITNESS WHEREOF, the Parties hereto agree to the above terms and have caused this Agreement to be executed in their names by their duly authorized officers.
Client’s Signature _______________________
Date:____________ Print Name: _______________________
Photographer’s Signature _______________________
Date: ____________ Print Name: Olivia Moreno
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