PHOTOGRAPHY SERVICE AGREEMENT

1. Services Provided:

  • The Client hereby agrees to engage the Contractor to provide the Client with services (the "Services") consisting of the following:

    • X photos: styled, edited, licensed.

    • creative consult 

  • This contract will go into place after payment (X) has been made to the contractor. 

  • Props, backdrops and decoration are included in most shoots. If your prop list includes difficult to procure perishable ingredients or items, you will be invoiced for the additional cost or requested to ship them directly to Haley's Studio.

  • The Contractor hereby agrees to provide such Services to the Client. 


2. Term of Agreement


  • The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. 

  • The Term of this Agreement may be extended by mutual written agreement of the Parties.

  • In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.


3. Performance


  • Both parties hereby commit to ensuring full compliance with the terms outlined in this Agreement. The Client acknowledges that they are engaging both a marketing service and an artist. It is the Client's responsibility to ensure that their desired aesthetic and vision are communicated effectively through the provision of a moodboard, shot list, and brand guidelines.

  • While Haley's Studio endeavors to fulfill the Client's creative vision, it is important to recognize the subjective nature of artistic endeavors. Complete artistic alignment can never be guaranteed. Clear and specific communication from the Client is crucial to align expectations, designs, and aesthetics. Failure to effectively communicate artistic direction does not warrant re-shoots. It is the Client's responsibility to comprehend this aspect before entering into photography services.

  • The creative consultation serves as the opportunity for the Client to ensure that their creative visions and requirements are met. Artistic direction is highly encouraged during this time. 

  • Haley's Studio does NOT offer refunds or complimentary re-shoots for any creative disagreements and cannot assure prompt delivery of additional assets following the delivery of galleries. Model shoots cannot be reshot under any circumstances without re-hiring at the full rate.

  • Refunds will only be honored as a credit with the studio if a shoot needs to be cancelled or rescheduled for a future shoot. Refunds are non transferable to other brands or people, and are subject to current lead time.  

  • Haley's Studio will offer 2 rounds of edits or fixes. Edits and fixes must be minimal and make sense based on the first creative consultation, moodboard and shotlists. Edits and fixes are under the contractors discretion. 


4. Currency

  • Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.


5. Compensation

  • For the services rendered by the Contractor as required by this Agreement, the Client will provide compensation (the "Compensation") to the Contractor at the rate of X.

  • The Compensation will be payable as a prepayment while this Agreement is in force.  

  • The Compensation will be paid via Card Authorization or ACH Transfer no later than 5 days after the invoice is received. 

  • The above Compensation includes all applicable sales tax, and duties as required by law.


6. Return of Property 

  • Products sent for photography will not be returned, the client is initialing this section and indicating they understand that products shipped will not be returned when photography is complete. 

  • If the Client is providing a pre-paid return shipping label inside the package of products sent to Haley's Studio it must be through USPS. The Client understands Haley's Studio is not liable for damage to products from shipping or use during photography.


7. Reimbursement of Expenses

  • The Contractor will be reimbursed for expenses incurred by the Contractor in connection with providing the Services of this Agreement only if previously agreed upon with client, in writing.


8. Ownership of Materials and Intellectual Property

  • All finalized and delivered intellectual property will be the sole property of the Client. The use of the Intellectual Property by the Client will not be restricted in any manner.

  • The Contractor may use property created by the contractor for any purpose involving promotion of their work in agreement with Client.


9. Capacity/Independent Contractor

  • In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee of the Client. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for a service.


10. Notice

  • All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:


Client's Name: 

Client's Phone Number: 

Client's Billing Address: 


-AND-

Haley's Studio

Haley Bergsgaard

Haley@haleysstudio.com

1455 E 3rd Ave #F313

Longmont, CO 80501


or to such other addresses as any Party may from time to time notify the other.


11. Indemnification


  • Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, Client agrees to indemnify and hold harmless the other Contractor, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of Client, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

12. Legal Expenses


  • In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.


13. Modification of Agreement

  • Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.


14. Time of the Essence

  • Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.


15. Assignment

  • The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.


16. Entire Agreement

  • It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.


17. Ensurement

  • This Agreement will ensure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.


18. Titles/Headings

  • Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.


19. Gender

  • Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.


20. Governing Law

  • It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of Colorado, without regard to the jurisdiction in which any action or special proceeding may be instituted.


21. Severability

  • In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.


22. Waiver

  • The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.


23. Consequential Damages 

  • Contractor shall not be liable to Client under any circumstances for any and all special, indirect, incidental, or consequential damages, under any provision of this Agreement or for any special, indirect, incidental, or consequential damages arising out of any act or failure to act herein.