Between us, Tovani Design and you, [Client].
We will always do our best to fulfill your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract, you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You [Client] are hiring us [Tovani Design] to photograph for the estimated total price as outlined in our proposal. Of course, it’s a little more complicated, but we’ll get to that.
What Do Both Parties Agree To Do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. It is understood Tovani Design/Chrysti Tovani is the exclusive official photographer retained to perform the photographic services requested on this Contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we’ll also maintain the confidentiality of any information that you give us.
Getting Down to the Nitty-Gritty
Upon signature, the Tovani Design/Chrysti Tovani shall reserve the time and date agreed upon. Unless the studio is able to fully replace the canceled reservation, all sitting fees and retainers are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the photo shoot meeting the artistic standards of the Tovani Design/Chrysti Tovani, photographer may elect to use an alternate location or to reschedule the photo shoot.
No part of any order, including previews, will be delivered until the balance is paid in full.
Tovani Design/Chrysti Tovani reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the photographs in this manner and shall indemnify and defend the Tovani Design/Chrysti Tovani in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of Tovani Design/Chrysti Tovani.
Tovani Design/Chrysti Tovani may substitute another photographer to take the photographs in the event of Tovani Design/Chrysti Tovani’s illness or of scheduling conflicts. In the event of such substitution, Tovani Design/Chrysti Tovani warrants that the photographer taking the photographs shall be a competent professional.
If Tovani Design/Chrysti Tovani cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event Tovani Design/Chrysti Tovani fails to perform for any other reason, the Tovani Design/Chrysti Tovani shall not be liable for any amount in excess of all monies paid.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
The charges in this Contract are based on Tovani Design’s/Chrysti Tovani’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
Changes and Revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices at the beginning of this document are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra images, post processing, advanced photo editing, or products or even add a new location shoot, that won’t be a problem. However, you will be charged accordingly and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be up front about all of this if and when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This Contract incorporates the entire understanding of the parties and is governed by the laws of California. Any modifications of this Contract must be in writing and signed by both parties.
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Tovani Design’s/Chrysti Tovani’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
When we receive your final payment, we’ll give you the agreed amount of high-resolution jpeg files and you should store them really safely as we are not required to keep them or provide any native source files we used to make them.
We license to you for use on only this project. We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles and in books about design and photography.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule:
50% deposit up front (non-refundable*)
50% balance once the images are ready.
*50% deposit is non-refundable. There is a 3 day grace period for refundable deposit if the project has not been started or no work has been done.
But where’s all the horrible small print?
Just like a parking ticket, you can’t transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this contract is a legal document.
This mutual agreement is a variation of the original Contract Killer template by Andy Clarke, and the PPA (Professional Photographer's of America) Contract.