Commercial Photography Contract

Stewart Duncan Photography

TERMS

This agreement is between (Client), hereinafter referred to as the "Client", and Stewart Duncan Photography, hereinafter referred to as the "Photographer(s)".

AGREEMENT

Confirmation: A signed “Commercial Photography Contract” and payment of the booking fee are necessary to confirm the stated services from the Photographer.

Booking Fee/Deposit: In the event of the Clients cancelling the scheduled shoot for whatever reason, the booking fee is non-refundable your deposit becomes a "studio credit" and may be used toward a future session.

Payment: Full Payment is expected within 14 days of the onvoice date or upon arrival to perform the job. Photographer accepts all forms of payment including: Cash, EFT, Cheque or Card..

Refunds: Upon delivery of images, money paid is nonrefundable and image files cannot be returned to Photographer.

Cancellation: If Client cancellation of this Agreement prior to 1) the shoot or 2) within one (1) month of this agreement, Client will pay any expenses incurred and a twenty-five (25)% cancellation fee. For Client cancellation within two (2) days of the shoot, Client is responsible for 100% of the fee and any expenses incurred.

Copyright: The images that are being provided to you are licensed copies for any reasonable purposes, including but not limited to: printing, copying, emailing, and web publishing. This agreement is a Limited Commercial Use License which is laid out in a clause below. Your purchase of the original files releases Photographer from any liability due to loss or damage of the images, and also releases Photographer from any obligation to maintain copies of any digital file, image, or photograph. You hereby grant to Photographer the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, web site, display, advertisement, and editorial use. Photographer agrees to limit the use of these images and photographs to promotional and personal use only.

Limited Commercial Use License: Images are purchased by Client for Limited Commercial use only. This includes but not limited to, advertising, marketing, website usage and social media platforms owned or managed by the Client. The Client may not alter or edit the images. Exceptions to alterations include, company name, logo or text related to the company and for advertisement purposes. Only the Client can use the images provided by Photogapher and may not resell, loan or allot images to a third party.

Force Majeure: No Party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to, acts of God (such as hurricanes, earthquakes, flooding), fire, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, terrorist acts, insurrections and/or any other cause beyond the reasonable control of the Party whose performance is affected. Should Clients’ Event be cancelled, postponed or otherwise adversely impacted as a result of a force majeure event, there shall be no refunds for payments already received by the photographer , but the photographer will use all reasonable efforts to work with Clients to produce the Event at a later date if necessary, subject to photographer's availability.

Waiver: No action of either party, other than express written waiver, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such rights or remedies will not preclude further exercise of other rights or remedy.

Severability: If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.