Lifestyle Portrait and Video Commercial Agreement
revised September 2019
This agreement shall stand as a legal binding document between The Client and Blackwell Studios. This Agreement sets forth the entire agreement between Client and Blackwell Studios and supersedes any prior agreements or understandings, oral or written with respect to the subject matter hereof.
Client understands that Blackwell Studios owns the copyright to all images created as a result of this agreement. Title and ownership, and all rights now and in the future, of and for the Media remain exclusively with Blackwell Studios. Blackwell Studios reserve the right to use any and all photos for display, publication, advertising, or other purposes, including blogs, website, social networks, and portfolio publications.
Blackwell Studios grants The Client a perpetual, nonexclusive non-transferable worldwide license to use the accompanying images and/or Media for permitted commercial purposes, defined as:
Advertising, promotion, brochures, package
As part of a commercial website for promotional purposes use,
Prints, posters, flyers, tearsheets or promotional purposes (not for resale)
Prints, posters, or other commercial display of media
Magazines, books, newspapers, or other printed publication
Video, broadcast, theatrical
What you may not do:
The Client may not resell, relicense, redistribute without express written permission from Blackwell Studios. Use as a derivative work, and reselling or redistributing such derivative work is prohibited. Media may not be used in a pornographic, obscene, illegal, immoral, libelous or defamatory manner. Media may not be incorporated into trademarks, logos, or service marks.
There are no warranties, express or implied. The Media is provided 'as is'. Blackwell Studios will not be liable for any third-party claims or incidental, consequential or other damages arising out of this license or client’s use of the Media. Once the media is delivered it is the sole responsibility of The Client to back up and control the media.
Client agrees to indemnify, defend and hold individuals, Marc & Stacey Blackwell & Blackwell Studios harmless for any and all liabilities, damages, claims, suits, judgments, costs, fees and expenses that arise as a result of or in connection with the services provided before, during and after the photoshoot.
If Photographer is unable to complete performance under this Agreement due to circumstances beyond the control of the parties, including but not limited to, fire, casualty, civil disturbances, acts of terrorism, acts of God, Photographer shall return any funds paid by Client fewer expenses and thereafter be released from any further liability arising from this Agreement. This limitation of liability shall also apply if the photographic equipment is lost, is damaged, or malfunctions through no fault of Photographer.
Failure to Perform
The parties agree to amicably cooperate to achieve the best possible result for this project. However, due to the limited and subjective nature of the session, Blackwell Studios cannot be held responsible if requested photographs and video are not taken or are missed. Blackwell Studios is not responsible for any lack of coverage due to weather conditions, scheduling complications, outside 3rd party interference, Acts of God, the lateness of individuals besides Blackwell Studios, or any restrictions imposed by the session’s location. Client agrees that any requests submitted to Blackwell Studios will be used for organizational purposes only, and in no way contractually binds Blackwell Studios to perform based on those requests. Blackwell Studios will make every effort to fulfill all Client requests, but the Client acknowledges that Blackwell Studios cannot guarantee all requested photos & videos will be delivered.
Photos and Videos may be edited at Blackwell Studio's discretion. Delivered Media may not include all photos and video taken. Blackwell Studios reserves the right to edit and release only the media deemed creditable as professional in quality and within the Blackwell Studios artistic standards.
Blackwell Studios is an independent contractor. As an independent contractor, Photographer will perform the services set forth in this agreement under the general direction of Client, but the Photographer will determine, in his sole discretion, the manner and means by which the services are accomplished. Blackwell Studios agrees to furnish all tools and materials necessary to accomplish the services. Services are nonrefundable.
A retainer may be required to book your date and time depending on the length of time between scheduling a shoot and the actual shoot date. Full and final payment is required on the day of the photoshoot unless other arrangements have been made in advance. Blackwell Studios accepts cash, check (payable to Blackwell Studios), Venmo, PayPal or any major credit card. Processing fees may be included.
Change of Location/Date/Time / Cancellation Policy
Client agrees to notify Blackwell Studios at least 7 days prior to the scheduled date of the session of any changes to the schedule or location. Such notification may be made by email. (email@example.com) Cancellations do not warrant a refund. Rescheduling is allowed.
Due to the nature of photography services, all sales are final and no exchange/refunds will be offered.
Due to the nature of this agreement, I agree that by filling out the form below that is equalizing to a digital signature. Any and all changes made to this agreement must be made in e-mail form to firstname.lastname@example.org and a future agreement must be drafted. Inputting changes to the agreement in the notes section does not constitute an agreement amendment to this agreement.