Photography Services Agreement

Included Clauses:

1. The Parties
   a) Photographer info (name, address, phone, email)
   b) Client info (name, address, phone, email)

2. Scope of Services
   a) Incorporates Exhibit A for all session details (date/time, location, deliverables, turnaround, etc.)

3. Fees & Payment
   a) Total fee
   b) Non-refundable retainer
   c) Final payment timing
   d) Late-fee terms

4. Cancellation, Rescheduling & Force Majeure
   a) Client cancellation options
   b) Photographer cancellation
   c) Rescheduling
   d) Inclement weather (Photographer discretion for safety/quality)
   e) Force majeure (pause duties; keep retainer; refund beyond retainer; pre-event costs)

5. Photographer’s Rights & Intellectual Property
   a) Copyright retained by Photographer
   b) Personal, non-commercial license to Client; credit on social media
   c) Commercial use only via separate license (Exhibit B)
   d) Editing limits; no filters/alterations; no RAWs
   e) Remedies for misuse (license revocation/DMCA/statutory damages notice)

6. Client Responsibilities
   a) Cooperation/access/permits
   b) Timeliness/preparedness
   c) No-show policy (grace period)
   d) Property/venue respect
   e) Supervision of minors/animals
   f) Harassment policy

7. Animals, Livestock & Equine Sessions (Optional, delete if not applicable)
   a) Animal & handler responsibility; readiness of animals/tack
   b) Safety acknowledgments/risk acceptance
   c) Facilities/permissions/credentials
   d) Weather/footing/condition calls
   e) Equipment protection
   f) Commercial use for livestock marketing via Exhibit B
   g) Event coverage (organizer limits may apply)

8. Indemnification (Mutual)
   a) Each party covers third-party claims from its own breach/negligence
   b) Client-specific risks (animals/venues/publication/materials)
   c) Photographer-specific coverage (on-site ops/equipment; non-photo materials)
   d) Limits; proportional fault
   e) Defense & settlement mechanics
   f) Notice; survival

9. Warranty & Limitation of Liability
   a) No indirect/special damages; cap = amounts paid
   b) Workmanlike standard; no guaranteed aesthetic/count
   c) Equipment/backup measures; limited remedy for loss
   d) Location-condition disclaimer

10. Dispute Resolution
    a) Mediation first
    b) Option for small claims (if eligible) or binding arbitration
    c) Governing law & venue
    d) Attorney’s fees to prevailing party

11. Default & Remedies
    a) 10-day cure; termination; prior obligations survive

12. Non-Disparagement
    a) No false/misleading statements; truthful opinions preserved

13. Miscellaneous
    a) Headings/gender/number rules
    b) Counterparts & e-signatures
    c) Severability
    d) No assignment without consent
    e) Notices
    f) Entire agreement

Exhibit A — Description of Services & Model Release (Consent Granted/Withheld).
Exhibit B — Commercial License for Livestock & Equine Marketing.

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