The Photography (License) agreement should be used in situations where the photographer retains ownership over his/her work, and is licensing it to the client for use. If the client intends to own the work, please see the Photography (Assignment) agreement.
This template below can be edit, signed, and managed for free via the Shake app.
PHOTOGRAPHY AGREEMENT (LICENSE) TEMPLATE
(“Client”) is hiring (“Photographer”) for a photography job. The following sets forth the agreement between these two parties and binds them both.
SCOPE OF WORK
Photographer will perform the following photography services for Client:
Photographer will provide the following deliverables to Client:
Photographer may decline, or charge additionally for, services or deliverables that Photographer reasonably deems to be beyond this Scope of Work.
The deadline for delivery of deliverables is: ________.
OWNERSHIP OF THE WORK
Photographer hereby grants Client a license to use the images produced under this agreement only as follows:
This license is (checked term applies)
This license is fully paid up and royalty free. Its duration is:(checked term applies)
- Perpetual and irrevocable except as provided in the “Termination” section below.
The granting of any license is conditioned on Photographer being paid the full amount of this agreement. Photographer reserves all rights in the work produced under this agreement that are not expressly granted to Client.
Client will pay Photographer a total fee of ________.
Of Photographer’s fee, _______ is due at the signing of this agreement. This is a non-refundable deposit made in consideration of the reservation of Photographer’s time.
The checked term applies: (choose one)
- Client will reimburse Photographer for reasonable expenses with prior approval.
Upon completion of the work, Photographer will invoice Client for any amount due. Payment is due (choose one)
- On the invoice date
- Within 10 days of the invoice date
- Within 15 days of the invoice date
- Within 30 days of the invoice date
- Within 45 days of the invoice date
- As specified in the invoice.
Any amount not received by its due date will collect interest at ________ per month, or the legally allowable maximum if this amount exceeds it.
Any information supplied by one party to the other marked as “Confidential” must be used only for the purposes of this agreement and must not be disclosed to other parties without the discloser’s written consent. This does not apply to information that is publicly available or that the recipient already properly knew, developed or received independently. When the agreement terminates, Photographer must return to Client any materials containing confidential information. Confidentiality obligations survive termination of this agreement.
INDEPENDENT CONTRACTOR RELATIONSHIP
Photographer is an independent contractor, not an employee or partner of Client. Photographer is solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor.
PHOTOGRAPHER WARRANTS THAT NO OBLIGATION TO A THIRD PARTY PROHIBITS FREELANCER FROM ENTERING INTO THIS AGREEMENT, AND THAT TO FREELANCER’S KNOWLEDGE, WORK PRODUCED UNDER THIS AGREEMENT WILL NOT VIOLATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
LIMITATION OF LIABILITY
UNLESS A RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AMOUNT OF PHOTOGRAPHER’S TOTAL FEES UNDER THIS AGREEMENT.
If either party materially breaches this agreement, the non-breaching party may terminate the agreement only by providing written notice of the breach to the breaching party. The breaching party shall have 5 days to cure the breach after receiving such notice. If the breaching party fails to cure the breach in that time, the agreement shall terminate except with respect to those obligations that are noted herein as surviving termination.
If the agreement terminates for any reason other than a material uncured breach by Photographer, then Photographer is immediately entitled (choose one):
- Any unpaid fees prorated for the portion of the work completed at the time of termination
The above payment obligation, and any payment obligations pending at termination, survive termination.
Upon termination, any license Client has in the work is immediately revoked.
The checked term applies (choose one):
- Photographer is solely responsible for obtaining any model or location releases required for the commercial use of the photographs taken under this agreement.
- Client is solely responsible for obtaining any model or location releases required for the commercial use of the photographs taken under this agreement.
This agreement is between Client and Photographer, and neither is allowed to delegate, transfer or assign it to a third party without the written consent of the other.
This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements. It can only be changed by mutual written consent.
The laws of the state of ________ govern this agreement and any disputes arising from it must be handled exclusively in courts in that state. The prevailing party in any dispute will be entitled to recover reasonable costs and attorneys’ fees.
Signing a copy of this agreement, physical or electronic, will have the same effect as signing an original.