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Digital Media - Contract  Agreement​

 

 

​1. Introduction:
This agreement constitutes an order for photography and/or videography services, including the taking of pictures and/or video as agreed to by both parties. This contract is agreed upon through email, invoice, or any other written confirmation of work agreed.

Dale Lloyd and The Client (You!). Unless otherwise specified, it is understood that any rights to proofs, final or sample prints, or video thereof shall remain the property of me and may be used for my advertising, website portfolio, display, or other promotional purposes thought proper by me to promote my products and services. The client agrees that Dale Lloyd will be the official photographers/videographers for your event and will be provided with access to all areas for comprehensive coverage.



​2. Some things are just unavoidable:
If I cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God, nature, terror, Government or other cause beyond the control of the parties or due to Photographer's illness or injury, then I will return total monies to the Client(s) but shall have no further liability concerning this Agreement. This limitation on liability shall also apply if photographic / video materials are damaged in processing, lost through camera or computer malfunction, or otherwise lost or damaged without fault on my part. Client(s) agree that an entire event or production cannot be replicated, re-enacted, or repeated for a re-shoot and limit my liability to the amount paid by the Client (typically the booking fee, deposit) under this contract. My liability issues and concerns are addressed by providing redundant equipment, backup storage, and the utilization of staff photographers/videographers when and if necessary.



​3. The Booking Fee:
If the date of your shoot is important, secure it. I will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all Booking Fees are non-refundable even if the date is changed. If the shoot becomes canceled for any reason by the client within 2 months of the booking date, 100% of all monies owed are still due. A Fee of 50% of the estimate provided is due at booking if agreed, and no photography/video will take place, and no rights are granted until timely payment of the deposit is made.



​4. The Fees:
The service fee is the total amount due for the photography and/or video coverage you have specified, which covers shooting and basic post-production unless otherwise agreed. Other reasonable charges include travel to your shoot if required. The client will be responsible for expenses incurred while carrying out the process of generating images. These expenses include but are not limited to: an assistant's fee, hotel fees, rental car expenses, rental car fuel expenses, and photographers and assistants’ meals. The Invoice may reflect, and the Client is bound by, oral authorizations for fees and/or expenses that could not be confirmed in writing due to the immediate proximity of creating the images for the commission. While the deposit must be paid as soon as you’re ready to secure your date, all remaining fees must be paid 1 month before the event or as agreed. Late fees will be applied at our discretion at 2% of the outstanding balance per day that the balance is overdue, unless otherwise agreed. After reminders by me have been made to the client and 5 days have passed since the due date of the final balance, your date will no longer be guaranteed, and you may lose the chance for coverage.
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5. Digital Files:
All Commercial Photography is provided as high-resolution digital files. These files are the camera's maximum quality jpeg camera files unless a requirement for RAW files is specified before the shoot. Usage of these files is limited to the PR environment (news, press release, internal corporate communication). Usage of any image/video outside of that environment (for example, advertising, other website use, members of the event, visitors to the event, point-of-sale display, etc.) is not covered by that charge and must be negotiated separately. These files cannot be used by a third-party source without express written permission and agreement to the terms. See corporate pricing.



​6. House Rules:
If your shoot is at an official location and they have a “no photography policy” that I have not been informed about, then we have a problem! I am limited by the guidelines of official personnel or event site management. The Client agrees to accept the technical results of their imposition on our ability to perform. Negotiation with the officials for the moderation of guidelines is the Client’s responsibility.



​7. Copyright:
All still and video digital images remain the property of Dale Lloyd and are protected by copyright. Copyright of images remains with me. Except as otherwise specifically provided in writing, all Photographs, film footage, and rights contained therein, including copyright, remain the sole and exclusive property of Dale Lloyd.



​8. Photographer Judgment:
The Client is responsible for sending an authorized representative to the contracted location where I will make Photographs / Video for the Client as agreed. If no representative is present, the Client must accept my judgment as to the creation of the Photographs / Video. Any changes or re-edits, or re-shoots will be charged at our hourly rate. See corporate pricing.

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​9. Liability:
The Client assumes full liability for its principals, employees, agents, affiliates, successors, and assigns (including, without limitation, messengers and freelance researchers) for loss, damage, or misuse of the Photographs / Video. Client shall indemnify Dale Lloyd and its photographers and videographers against all claims, liability, damages, and expenses incurred by Dale Lloyd. It’s photographers and videographers in connection with any third-party claim arising out of the use of said material hereunder.
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10. Model, Music, and Property Releases
No model, music, or property releases exist on any of the Photographs or Videos unless I specify the existence of such release in writing. The Client will indemnify and defend Dale Lloyd and his photographers and videographers against all claims, liabilities, damages, costs, and expenses, including reasonable legal fees and expenses arising out of any use of any of the Photographs or Video for which I furnished no release or any of the Photographs or Video altered by Client or at the Clients request. Dale Lloyd and his photographers’ and videographers’ liability for all claims shall not, in any event, exceed the fee of one dollar.

 

11. Digital Storage

Dale Lloyd will not guarantee the storage of any files, photos, designs, or videos once the final edits have been made for your approval.

Files will be made available for client viewing online, but can be removed and deleted at our discretion at any time. if you require me to save your original files, please request a quote for ongoing storage or online presence.

All files after 3 months from the event date, if the work is not finished due to the client's non-response, will be classed as deleted by us and no longer available to the client.

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12. AI Usage Prohibited

Deliverables may not be used to train any artificial intelligence (AI) models or databases, and may not be used in any AI-generated content, systems, or tools. Rediting or animation without prior written agreement is not permitted.

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