Sample Terms and Conditions

The following is for reference only. Actual terms and conditions will be provided with a booking agreement.

This Photography Services Agreement (the “Agreement”), is made by and between Kevin Edge (Licensor) and The Client (Client), its heirs, successors and representatives. 

Services: Photographer shall provide to Client the photography services (“Services”) and deliver the photographic works (“Photographs”) described in the above-listed “Job Description” in accordance with the criteria set forth therein. 

Term: This Agreement is effective as of the date the Agreement is executed and will continue until the Services are completed and Final Payment is provided unless earlier terminated per this Agreement.  Any other representations, warranties, indemnification obligations, and dispute resolution provisions contained herein will survive termination of this Agreement, and obligations included therein shall continue indefinitely.

Waivers, Releases, and Permission: The Client shall provide Photographer with any necessary licenses, permissions, waivers, releases, or consents, including those relating to publicity and privacy, to photograph the property, persons, and/or items described in the Job Description.  Client hereby waives any rights to privacy and grants permission to photograph the property, persons, and/or items described in the Job Description.

Client Representative: The Client is responsible for the presence of an authorized representative at the shoot to approve the Photographer’s interpretation of the assignment. If a Client representative is not present, the Photographer’s interpretation shall be deemed acceptable.

Payment: Client and Client’s representatives are jointly and severally responsible for full payment of all fees, charges and advances as set forth in this Agreement.

Assistants: The Photographer reserves the right to bring a number of assistants to the shooting location to help provide the Services.  Photographer reserves the right to hire third-party contractors to facilitate in the post-production of the Services.

Delivery: Unless otherwise specified, there is no set timeline for delivery except for a reasonable timeframe. The Client can request up to three changes per image. Any additional post-production revisions beyond the third will be billed at $100 per hour.

Image Format and Delivery: Unless otherwise specified, Images shall be delivered in .jpeg format via Dropbox. Images will be available for download for one year, after which a file retrieval fee of $100 will apply. 

Copyright: All Images shall be the sole and exclusive property of the Photographer, including but not limited to all copyrights and other intellectual property rights therein, in perpetuity, throughout the universe.  The Photographer shall reserve all rights not expressly granted herein.  Modification of Images and/or incorporation of Images in any layout, concept, reproduction, or publication shall not constitute a Joint Work. The Photographer shall have the sole power to enforce its copyrights and any other intellectual property, including without limitation all registration, renewal, and reversion rights, and the right to register and sue to enforce such rights against infringers.

Limited License: Photographer, on the condition of full compliance with this Agreement, including receipt of the Final Payment and Attribution duties, hereby grants to Client license to use the Images, according to the terms of the above listed “Usage Licence” and as defined below.

Client Publications: The Client may use the Photographs in Client Publications until the expiration of the Usage License.  The term “Client Publications” shall be restricted to mean only reproduction and publication of the Photographs done solely by the Client, whether in print or electronic form, such as the use of the Photographs in the Client’s websites, social media, emails, competition entries, portfolios, annual reports, brochures, pamphlets, or posters, and whose audience is employees, customers, shareholders, or the general public.

Outside Publications:  The Client may NOT use the Photographs in Outside Publications, except to the extent agreed in writing with the Photographer. The Term “Outside Publications” shall include all reproductions of the Photographs other than Client Publications, including, but not limited to, advertising or editorial in third-party websites, newspapers, billboards, books, or magazines, whether in print or electronic media, regardless of whether the Client pays or instructs the Outside Publication or any other person to engage in such use.

Infringement:  Any use of the Images beyond the terms of this Limited License, without permission of the Photographer, by any person or entity shall constitute copyright infringement. 

Additional Usage:  If the Client, or any other person or entity, wishes to make any additional uses of the Images not covered in this Agreement, the Client or other person or entity shall obtain permission from the Photographer and pay an additional fee to be agreed upon if necessary.

Assignment: The Client shall not assign any of its rights or obligations under this agreement without the Photographer's written consent.  The Photographer will not consent to such transfer or assignment unless the assignee or transferee agrees in writing to be bound by all terms of this Agreement.

Proof Images:  All Photographs, except those images delivered at the completion of the job, are designated as “Proofs” and shall be kept confidential. Proofs can include location scout photos, reference photos and post-production edits. Proofs shall not be made public or otherwise released outside of the Client’s business for any reason.  Only final versions of the Photographs may be made public or shared with anyone other than Client, Client’s members, or Client’s employees.

Attribution: Client agrees, for any and all use of the Photographs, including Client Publications and Outside Publications, to conspicuously indicate Photographer as the source of the Photographs.  Failure to properly credit or tag Photographer will constitute copyright infringement. 

Credits: Acceptable credits include “Kevin Edge” and “Photo by Kevin Edge”. When available, an active link to either https://www.kevinedgephotography.com or @kevinedgephotography

Use of Photographer’s Name:  The Photographer hereby grants to Client and its affiliates, and each of their respective direct and indirect successors, licensees, and assigns, the right to use Photographer’s name in connection with the Images. 

Improper Use Prohibited: The Photographer reserves the right to halt the use of Images and/or Photographer’s name in any publication that could reasonably be deemed offensive or inappropriate, including but not limited to the use of the Images in virtual backgrounds, political advertisements, propaganda, or pornographic works.  The determination of offensive or inappropriate shall be at the sole discretion of the Photographer, provided it is reasonable and in a good faith attempt to avoid negative publicity.

Aesthetic Disclaimer: The Client is aware of the Photographer’s personal style and portfolio and waives any right to refuse payment on the basis of dissatisfaction with the end result. No refunds will be provided unless for a material breach of this Agreement.

Representation and Warranties:  To the best of its knowledge, Photographer hereby represents and warrants that each Photograph to be provided is Photographer’s sole and original creation and will not infringe or otherwise violate any right of any third party.

Cancellation and Postponements:  In the event of a cancellation or postponement of a shoot by the Client, or its affiliates or agents, the Client be responsible for expenses incurred up to that point, plus a cancellation fee of 25% of the total estimated price. Failure by the Client, or its affiliates or agents, to provide Photographer with site access shall constitute a cancellation, and Photographer shall be entitled to the Cancellation Fee.  

Delay: Any delays caused by the Client, affiliates or agents that result in additional costs for the Photographer will be added to the Final Invoice. If the Client requests work beyond a 12-hour day, the Photographer may decline or charge an hourly rate of 150% of their Day Rate fee.

Termination: Either party may terminate this Agreement if the other party materially breaches it and fails to fix the breach within 15 days of receiving notice. Certain rights and obligations, representations, warranties, indemnification obligations, and dispute resolution provisions will survive termination or expiration.

Notice: Any Notice required under, or related to, this Agreement shall be effective if sent by email to kevin@kephoto.com or the address provided for the Client. Notice shall be deemed received as of the day the email is sent.

Embargoes: Clients can request a 180-day courtesy embargo on their Images prior to photography.

Limitation of Liability: The Client shall indemnify, defend and hold harmless the Photographer from any and all damages and expenses arising from the Client’s use of the Images. Photographer shall not be liable for damages arising from this agreement, regardless of the circumstances of such omissions.

Force Majeure: The Photographer is not responsible for delays or failures caused by events beyond their control.

Bad Weather: If bad weather occurs, the Photographer may postpone Services. Client and Photographer can reschedule at no extra cost if agreed upon.

Hazardous Conditions: The Photographer may postpone or cancel Services if dangerous conditions are present. The Client is responsible for providing a safe location and necessary protective equipment.

Non-Disclosure Agreement:  Both parties agree to keep the terms of this Agreement, including but not limited to, all payment and pricing information confidential.

Default: Legal action related to this agreement will take place in New Hampshire, where the Photographer is based. If the Photographer prevails in any action related to this agreement, they can recover attorney fees, court costs, and other litigation expenses.

Modification, Governing Law and Miscellaneous:  This Agreement is the full agreement between Photographer and Client, and supersedes any prior agreements. No changes are allowed unless in writing and signed by both parties.

Contractual Authority:  If the Client is an organization, the person signing warrants they have the authority to legally bind the Client to this Agreement.

Merger:  This Agreement is the complete agreement between the parties and replaces all prior agreements on the subject matter.