A commercial photography licensing agreement is a legal document that grants specific rights to a client for using photographs, typically for commercial purposes. This agreement specifies the scope of use, such as in advertising or marketing, and outlines any limitations or restrictions. It also details compensation for the photographer and the duration of the license.
COMMERCIAL PHOTOGRAPHY LICENSING AGREEMENT
THIS AGREEMENT is made on [DATE],
- [Photographer’s Full Name or Studio Name], [Photographer’s Address] (“Photographer”)
- [Client’s Full Name], [Client’s Address] (“Client”).
All references to the Client in this Agreement shall include Client’s parent companies, affiliates, and subsidiaries.
Location: [Full Address of Photoshoot]
Date of Photography: [Date of the Photography Shoot]
This Agreement governs the terms under which the Photographer agrees to conduct a professional photo shoot and deliver high-quality images of the Client’s products.
1- The Photographer grants the Client a non-exclusive, non-transferable license to use the photographs (the “Photos”) for the purpose of advertising, marketing, and promoting the Client’s business, products, or services. The Client may use the Photos in print media, online platforms, and in any commercial capacity as agreed upon. The license shall be valid worldwide and shall extend for a period of [specific duration, e.g., two years] from the date of delivery of the Photos, unless otherwise negotiated. Any extension of this period must be negotiated separately and may incur additional fees.
Background and Property Appearance
2- The Client is responsible for the preparation and presentation of the Products prior to photography. This includes, but is not limited to, cleaning, staging, and ensuring that the Products are in a state suitable for photography. The Photographer may make recommendations for improvements or adjustments to the background setting to enhance the quality of the Photos; however, the implementation of such recommendations is the responsibility of the Client. The Photographer is not responsible for any background elements that are not prepared to the satisfaction of the Client at the time of the photography session
3- The Photographer agrees to provide the Client with a total of [specific number] high-resolution photographs. Each Photo will be delivered in the dimensions and format suitable for the Client’s intended use, whether for print or digital. The Client may request additional Photos or specific formats, subject to additional fees as agreed upon by both parties.
Limited Commercial Use License
4- The Photographer grants the Client a limited, non-exclusive, non-transferable license to use the delivered photographs (the “Photos”) solely for commercial purposes as specified herein. This license permits the Client to use the Photos for advertising, marketing, website usage, and on social media platforms owned or managed by the Client. The Client shall not alter or edit the Photos without the Photographer’s express written permission, except for the following permitted alterations: changes to company name, logo, or text related to the company’s advertisement purposes. The Client may not resell, loan, transfer, or sublicense the Photos to any third party without the prior written consent of the Photographer. Any use of the Photos by the Client outside the scope of this limited commercial use license is strictly prohibited and may constitute breach of this Agreement.
Compensation for Participation
5- Unless otherwise agreed in writing, any and all fees for participants, including but not limited to models, stylists, or property owners, required for the completion of the photography services under this Agreement, shall be the sole responsibility of the Client. The Client agrees to disclose and seek approval from the Photographer for any participant fees that will affect the overall budget for the project prior to incurring such expenses. The Photographer is not responsible for payment to any third-party participants involved in the project unless expressly agreed upon in writing between the Photographer and the Client.
Relationship of Parties
6- The Photographer is engaged as an independent contractor. This Agreement does not create a partnership, joint venture, agency, or employer/employee relationship between the Photographer and the Client. The Photographer is responsible for all taxes, insurances, and other legal responsibilities arising from their role as an independent contractor.
Delivery and Acceptance
7- The Photographer agrees to deliver the Photos to the Client in [JPEG/TIFF/PNG] format within [specific time period, e.g., 14 days] after the photography session. The Client shall have seven [number of days, e.g., 7 days] days from the date of receipt to inspect the Photos, during which the Client may submit a written request for revisions. Such requests should specify the desired changes and must be within the scope of the initial photographic brief agreed upon by both parties.
8- The Client shall compensate the Photographer an amount of [Total Fee Amount] for the completion of the photography services detailed in this Agreement. An initial non-refundable deposit of [Deposit Amount] is payable upon execution of this Agreement, which reserves the Photographer’s services for the scheduled date. The remaining balance shall be due within [30 days] after the delivery of the final Photos to the Client.
Creative Discretion and Quality Assurance
9- The Photographer retains sole creative discretion over the method and process of creating the Photographs. The Client acknowledges that they have no right or authority to control the Photographer’s artistic and technical application in fulfilling the terms of this Agreement. The Photographer commits to employing their best efforts to (a) deliver Photographs that adhere to the Client’s specified requirements, and (b) provide the Photos to the Client in a quality suitable for publication, adhering to any agreed-upon deadlines
10- In the event that the Client needs to cancel the scheduled photography services, they must notify the Photographer at least [number of days, e.g., 14 days] before the scheduled photography session. A cancellation fee of [specific percentage or fixed amount] will apply if the cancellation notice is received less than the specified time frame before the scheduled date. This fee compensates for the Photographer’s preparation costs and lost opportunity.
Use of Photos
11- The Client may not sell, transfer, or assign the Photos or the rights to the Photos to any third party without prior written consent from the Photographer. This consent is not to be unreasonably withheld, particularly in cases where the Client is utilizing third-party services for the purpose of marketing the Property.
Assignment and Transferability
12- The Client shall not assign or transfer this Agreement or any rights herein without the express written consent of the Photographer. Amendments or waivers of any term must be documented in a written instrument signed by both parties. Notwithstanding the foregoing, should exigent circumstances necessitate an action that would otherwise require a formal amendment hereunder, and such action is reflected in the Photographer’s invoice, the Client agrees to be bound by such reflected action, provided that the Client promptly ratifies such action in writing when time and practical considerations permit.
13- The Client agrees to indemnify and defend the Photographer against any claims, liabilities, damages, or costs (including reasonable attorney’s fees) arising from the Client’s use of the Photos, except in cases where such claims arise directly from the Photographer’s willful misconduct or gross negligence as evidenced by final judicial decision.
14- This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein. It supersedes all prior or contemporaneous oral or written agreements, understandings, and negotiations concerning the subject matter.
15- This Agreement shall be governed by and construed in accordance with the laws of [specific State/Country, e.g., California, United States].
IN WITNESS WHEREOF, the Parties have executed this Commercial Photography Licensing Agreement as of the date first above written, each Party warrants that their respective signatory has the authority to enter into this Agreement.