Photography terms and conditions
This is our terms and conditions of business template for photography contracts. It is designed for use by a photographer or business providing photographic services as its standard terms document from the provision of such services. It has been drafted to protect the interests of the photographer or photographic services business. It is suitable for use where the photographic services are being provided to businesses and/or to consumers.
The contract template contains three alternative intellectual property provisions: you can choose from no licence of IP rights, a limited licence, and a full assignment of the IP rights in the photographs. The template also takes account of the specific moral rights affecting photographs taken for domestic purposes.
If the photography services provider will or may enter into contracts with consumers regulated by the doorstep selling laws, then our doorstep selling add-on should be used to supplement this template.Ask about this document
Photography terms and conditions contents
- Definitions: definitions.
- Term: commencement of term; end of term: indefinite, or deliverables and prints, services and payment; each contract distinct.
- Services: obligation to provide services; standard of services (B2C or mixed); devotion of personnel to services; keeping customer informed of services; services: compliance with reasonable customer requests.
- Permissions: photographic permissions to be obtained by first party; photographic permissions to be obtained by second party; form of permissions; provision of copy permissions; parties unable to obtain permission.
- Deliverables: obligation to deliver deliverables; feedback on deliverables; timetable for delivery of deliverables; deliverables warranties (B2C or mixed).
- Acceptance: acceptance review by second party; deemed acceptance of deliverables; deliverables do not meet acceptance criteria in review; subseqent failures of deliverables to meet acceptance criteria in review; consequences of acceptance of deliverables.
- Prints: creation and delivery of prints (including B2C); prices for prints; risk and title in prints (including B2C); warranties relating to prints (including B2C).
- Clientobligations: general second party obligations.
- ClientMaterials: supply of second party materials; licence ofClientmaterials; warranties relating to second party materials.
Intellectual Property Rights: assignment of intellectual property rights in deliverables; licence to use deliverables; licensing of third party materials; further assurance (intellectual property).
- Moral rights: waiver of moral rights in deliverables; assertion of moral right of paternity in deliverables; acknowledgement of assertion of right of paternity; moral rights in private or domestic photographs; agreed exceptions to moral rights in private or domestic photographs.
- Charges: obligation to pay charges; time-base charges limitations; amounts inclusive or exclusive of VAT (B2B or B2C); variation of charges.
- Timesheets: obligation to keep timesheets; obligation to supply timesheets.
- Payments: issue of invoices; time for payment of charges following invoice; payment methods; interest on late payments.
- Photographer's confidentiality obligations: first party confidentiality undertaking; disclosure of confidential information by first party to certain persons; exceptions to first party's confidentiality obligations; disclosures of second party confidential information mandated by law etc; first party to stop using confidential information upon termination; first party to return or destroy confidential information following termination; first party confidentiality obligations after termination.
- Photographer's publicity obligations: no public disclosures by first party; permitted public disclosures by first party.
- Distance and off-premises contracts: cancellation right: distance and off-premises contracts: cancellation right for consumers; cancellation right for services and digital content; consumer agreement to provision of services; exercise of cancellation right; refund upon services distance contract cancellation; refund method; refund timing for services and digital content.
- Data protection: compliance with data protection laws; warranty of Client's right to disclose personal data (GDPR); details of personal data and purposes of processing bythe Photographer(GDPR); duration of personal data processing byPhotographer(GDPR); personal data processed byPhotographeron instructions (GDPR); authorised international transfers of personal data (GDPR); informingClientof illegal instructions (GDPR); personal data processed byPhotographeras required by law (GDPR); confidentiality obligations onPhotographerpersons processing personal data (GDPR); security of personal data processed byPhotographer(GDPR); appointment of sub-processor byPhotographer(GDPR); authorisation forPhotographerto appoint sub-processors (GDPR);Photographerto assist with exercise of data subject rights (GDPR);Photographerto assist with compliance (GDPR); obligation to notifyClientof personal data breach (GDPR);Photographerto provide data protection compliance information (GDPR); deletion of personal data byPhotographer(GDPR);Photographerto allow audit (GDPR); changes to data protection law.
- Warranties: first party general warranties; second party warranty of authority; exclusion of implied warranties and representations.
- Indemnity: first party indemnifies second party upon breach (deliverables); conditions upon first party indemnity; limitations of liability vs indemnities.
- Limitations and exclusions of liability: caveats to limits of liability (B2B or B2C); interpretation of limits of liability; no liability for force majeure; no liability for loss of profits; no liability for loss of revenue; no liability for loss of opportunities; no liability for loss of data or software; no liability for consequential loss; per event liability cap upon services contract; aggregate liability cap upon services contract.
Force Majeure Event: obligations suspended for force majeure; force majeure notification and information; mitigation of effects of force majeure.
- Termination: termination without cause (optionally asymmetric); termination by either party without cause; termination upon breach; termination upon insolvency; termination upon non-payment.
- Effects of termination: surviving provisions upon termination; termination does not affect accrued rights.
- Status of Photographer: first party is independent contractor not employee; no redundancy or compensation.
- Notices: contractual notices must be in writing; methods and deemed receipt of contractual notices; substitute contact details for notices.
- Subcontracting: no subcontracting without consent; subcontracting permitted; first party responsible for subcontracted obligations.
- General: no waiver; severability; variation written and signed; asymmetric variation; asymmetric assignment of contractual rights (B2B, B2C or mixed); no third party rights; entire agreement: documents; governing law; exclusive jurisdiction.
- Interpretation: statutory references; section headings not affecting interpretation; calendar month meaning; no ejusdem generis.
STATEMENT OF WORK
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