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PHOTOGRAPHY SERVICE AGREEMENT
This photography agreement (“Agreement”) is made and entered into as of ___________________________________________________, (the “Effective Date”)
by and between
Antares Media (“Service Provider”), having its primary place of business at Toronto, Ontario, Canada,
and ________________________________________________ (“Client”) , each a “Party” and collectively the “Parties.”
For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows:
Project Title: _____________________________________________________________________________________________
The Terms “Service Provider”, “Provider”, “photographer”, “videographer,” “photography team,” “videography team," “us,” “we,” and “our” refer to Antares Media and all agents, employees, or other representatives.
The term “including” means “including, but not limited to.” The term “session,” “event,” “photography session,” and “videography session” refers to a hired photographic, cinematography and/or videography session to capture media content. The terms “agreement” and “contract” refer to this duly executed contractual obligation between parties. The terms “Services” refers to the photography and/or the video production services to be provided by the Provider, as outlined in Exhibit A: Services. The terms “Products” refers to the deliverables, including photos, videos, and other media outlined within this agreement
Deposit: To secure the services of Antares Media, the Client shall make a non-refundable deposit of 50% of the total fee including taxes. This deposit must be paid upon signing this Agreement. The remaining balance is due prior to the delivery of the final deliverables.
Payment Methods and Terms: Payments can be made through various methods including bank transfer, e-Transfer, cheque, or credit card. All payments must be made in the currency specified in this Agreement and/or the invoice provided. Any banking fees or related charges incurred during the payment process are the responsibility of the Client. If paying by credit card, a processing fee may apply. Invoices will be issued electronically, with payment due upon receipt or as otherwise stated in the invoice. The Client is responsible for all collection costs and legal fees incurred by the Photographer should enforcement of this Agreement become necessary. In the event of late payment, the Service Provider reserves the right to charge a late fee of 2.5% per month on the overdue amount and may withhold delivery of the Products until full payment is received.
Usage License and Additional Fees: The payment includes a basic usage license for all still images delivered to the Client. For commercial usage, additional fees may apply. Please refer to the "Ownership Rights & Commercial Usage" section for detailed terms and conditions regarding the use of the images.
Deposit or Payment must be received before start of project
Payment Methods
Project Timelines & Revisions: Both parties will agree on a detailed project schedule, including milestones and deadlines, as part of this Agreement. The Client may request revisions within specified stages and timeframes. Any changes requested outside the original scope may incur additional fees.
Delivery Guidelines: Upon completion and final approval, the final deliverables will be provided to the Client in the agreed-upon format within the agreed-upon timeframe. Deliverables are due within seven (7) to ten (10) business days after the last day of shooting, unless additional time is agreed upon in writing. The final payment, if applicable, must be made before the release of the final deliverables. If the project finishes early, Antares Media will notify the Client and make the deliverables available accordingly.
4. CANCELLATION AND REFUNDS
Cancellation: If the Client requests to cancel this contract at any time before the agreed-upon photographic event date, the initial 50% non-refundable deposit will be retained by Antares Media. The deposit is non-refundable as it secures the Client's spot, and this term shall apply regardless of the notice period for cancellation.
Refunds:
Rescheduling: If the Client requests to reschedule a photographic session, the Service Provider may apply the initial 50% non-refundable deposit to a rescheduled session, provided that notice is given at least three (3) days before the scheduled session. The rescheduled session must take place within one (1) calendar month. Additional fees may apply if a studio session has been booked. Please note that payments for studio sessions may not be refundable, depending on the policies of the studio.
Late Arrivals and No-Shows: No partial refund or other compensation will be provided for time deducted due to late arrival. If the Client fails to appear on the agreed-upon date without proper notice, the initial 50% non-refundable deposit will be forfeited.
Antares Media is not responsible for issues caused by the behaviour of parties, vehicles, or equipment involved in the shoot, other than our personnel and assets. The desired outcome of the session, whether photography or videography, is contingent on the cooperation of all involved parties.
The Client agrees to:
- Specify desired individuals, scenes, vehicles, or scenarios
- Pose or stage scenes, stage food and menu items, vehicles, or equipment/machinery as directed
- Provide guidance to desired locations, individuals, vehicles, or equipment
- Participate in pre-shoot planning involving individuals, vehicles, products, food items, and equipment.
Failure to cooperate may result in an inability to capture specific content, for which Antares Media will not be held responsible.
Location Selection: The Client and the Provider shall mutually agree on the locations where photography services will be conducted. Any permissions, permits, or fees required for shooting at a particular location shall be the responsibility of the Client, unless otherwise agreed upon.
Travel Expenses: If the location is outside a 100-kilometre radius of Antares Media's primary business location in Toronto, Ontario the Client shall reimburse the Provider for reasonable travel expenses, including transportation, accommodation, and meals. Travel expenses shall be estimated in advance and approved by the Client.
Additional Locations: If multiple locations are required for the shoot, a detailed itinerary shall be planned, and additional costs may apply.
Special Requirements: Any special equipment, props, or other requirements specific to the location(s) must be discussed and agreed upon in advance. Extra charges may apply for unique or challenging locations that require specialized equipment or additional planning.
Weather and Unforeseen Circumstances: In the event that weather or other unforeseen circumstances prevent shooting at the chosen location, alternative arrangements will be made, which may include rescheduling or selecting an alternative location.
If the Photographer is unable to perform this Agreement due to illness, pandemic, emergency, fire, casualty, strike, the act of God, or causes beyond the our control, the Photographer and the Client will make every attempt to reschedule the event/session. If a reschedule is unable to be agreed upon, the Photographer will return the initial non-refundable payment to the Client and have no further liability. Further, if the Photographer cannot deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability will be limited to the cost of the contract. In no event will the Antares Media be liable for any amount exceeding the contract's cost.
The Client's package includes finalized photos and media as described in Exhibit A, delivered through various digital means such as Google Drive or WeTransfer. Additional items or specific requests can be purchased, and clients may upgrade their package for additional fees, including enhanced editing or premium delivery options. Products will be delivered within seven (7) to ten (10) business days from final approval, adhering to the same usage rights and cancellation policy outlined elsewhere in this agreement. All upgrades or additional purchases will align with the agreed-upon pricing structure.
Ownership & Artistic Rights: The Service Provider (Antares Media) retains full and exclusive ownership and copyright to all photos, videos, and media produced, encompassing artistic, creative, and intellectual property rights. The exclusive rights include, but are not limited to, usage for promoting and marketing Antares Media's brand, services, and educational initiatives. The Client permits all images and videos from the session to be used by Service Provider in the following ways:
The Client's name or logo will be credited where possible, ensuring the preservation of the professional relationship and integrity between the parties involved.
License to Client: Selected photos and videos resulting from our photography session are subject to a basic usage licensing fee for Non-Commercial Use by the Client. This fee covers non-commercial applications such as internal company communications, organizational presentations, the company's website, flyers, company magazines, and similar media. After the session, Service Provider and the Client will select the specific photos and/or videos to be licensed for basic usage. Any commercial usage is considered separate and must be discussed and agreed upon with Antares Media for an additional fee.
Commercial Usage: Suppose the client wishes to use the photos for advertorial and commercial purposes, such as using the photos on bus-stop signs, billboards, television advertisements, editorial, magazine advertisements, commercial advertising public banners, paid digital marketing ads, paid social media advertisements. The client is obligated to inform Antares Media and pay an additional licensing fee to Antares Media. The licensing fee shall be discussed between the client and Antares Media.
Restrictions & Limitations: The Client agrees not to resell, distribute, or otherwise use the photos and/or videos in a manner that competes with the Service Provider's business. Usage beyond the agreed scope will require a separate agreement and may incur additional fees.
Moral Rights & Ethical Considerations: The Provider reserves the right to refuse any projects or usage that may be considered offensive, discriminatory, or unethical. Mutual respect for creative and cultural values will be maintained.
Third-Party Rights: If the photos or videos include identifiable individuals, properties, or trademarks, the Client shall be responsible for obtaining the necessary consents, releases, or permissions. Antares Media will not be liable for any claims arising from the unauthorized use of these elements.
Third-Party Licensing and Sub-Licensing:
Primary Client Licensing: As described under "License to Client," selected photos and/or videos are available for basic non-commercial usage. Any commercial application or usage beyond the agreed scope will require a separate negotiation and additional fees with Antares Media.
Third-Party Sub-Licensing: The Client may extend non-commercial sub-licensing to Third Parties, such as business partners or collaborators, for similar purposes as the primary client licensing. For commercial use by Third Parties, or usage that exceeds the scope of the non-commercial license, direct negotiation with Antares Media and additional fees will apply.
Example: If the Client wishes to use selected photos for internal company newsletters or on the company's website, that would be covered under the basic usage licensing fee. If the Client wishes to allow a partnering company to use a photo in a non-commercial context, that would also be allowed. However, if the Client or a Third Party wants to use the photo in a commercial advertisement, that would require separate discussion and agreement with Antares Media.
Indemnification by Client: The Client agrees to indemnify, defend, and hold harmless Antares Media and its affiliates, employees, agents, and independent contractors for any injury, property damage, liability, claim, or other cause of action arising out of or related to the Services and/or product(s) Antares Media provides to the Client.
Specific Responsibilities & Understandings: The Client agrees to specific responsibilities in different scenarios such as automotive, lifestyle, and corporate shoots. Responsibilities include obtaining requisite permissions, ensuring compliance with this Agreement, and coordinating with Antares Media on requirements. The general indemnification clause shall apply to any claims arising from these, and other unspecified, services.
Time Limit on Claims: Claims against Antares Media concerning the delivered artistic works must be brought to Antares Media's attention within one (1) week from the date of delivery. After one (1) week, the Client waives any right to submit a claim to Antares Media for reimbursement of any fees previously paid or for the waiver or forgiveness of any fees that may still be outstanding.
Liability Limitations: In no event shall Antares Media be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this agreement. The total liability of Antares Media for any claims arising hereunder shall not exceed the total amount paid by the Client under this contract.
Exclusions & Exceptions: Antares Media's liability shall be limited as described herein, except to the extent such limitations are prohibited by applicable law. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages, so some or all of these limitations and exclusions may not apply.
This contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in action in addition to any other relief that may be awarded.
The parties expressly consent to the federal jurisdiction and venue concerning any suit, claim, or dispute arising out of or relating to this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over all related claims or disputes arising out of and concerning this Agreement. Depending on which Province any action may be commenced, this Agreement will be deemed to have been made in such Province and governed by and construed according to the laws of such Province.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not interpret this Contract. The language in this Contract will be interpreted as to its fair meaning and not strictly for or against any party.
EXHIBIT A: SERVICES, SCOPE OF WORK, DELIVERABLES & ADDITIONAL TERMS
SERVICES, including any special terms or conditions. SCOPE OF WORK, TIMELINES, and DELIVERABLES
