PHOTOGRAPHY & VIDEOGRAPHY SERVICE AGREEMENT
This Agreement is made between Magaña Photography (hereafter referred to as "Service Provider") and the undersigned individual for the purpose of providing photography and/or videography services for a small event or occasion. The services, terms, and conditions outlined below apply to all engagements between the Service Provider and Client.
Service Provider Name: Kristopher Magana (Magana Photography)
info@maganaphotography.com
559-512-5420
SERVICES TO BE PROVIDED
The Service Provider agrees to provide photography and/or videography services for the event specified below:
The services may include:
Photography and/or videography
PAYMENT TERMS & DEPOSIT
A 50% non-refundable deposit is required at the time of booking to secure the session and is credited toward the total fee.
The remaining balance is due upon delivery of ANY final photos and/or videos.
Payments may be made by Credit Card, Zelle, Apple Pay, Cash App, Venmo or Cash. A copy of your receipt will be emailed to you.
If Client requests additional services beyond the agreed-upon package (e.g., additional hours, extra deliverables), these will be charged at a rate of $100 per hour per service or as per the updated package.
The agreed deposit is non-refundable and will secure your event date and cover pre-event planning. In the case of cancellation by the Client, the deposit will not be refunded. However, in circumstances where the event is canceled due to reasons outlined in the Force Majeure section, the Photographer may decide, at their sole discretion, to refund the deposit or reschedule the services to a new date, subject to availability.
AUDIO RECORDING
To ensure high-quality audio capture during the event, the Clients agree to be connected to a lavalier microphone ("lav mic") throughout the day.
Purpose: The lav mic will be used to record clear audio during key moments such as vows, speeches, and other significant interactions.
Responsibility: The Photographer (or designated assistant) will be responsible for setting up and managing the lav mic equipment. The Clients will be informed about when and where the lav mic will be placed and how to wear it comfortably.
Privacy: The recorded audio will be used exclusively for the purpose of creating the final video product. The Photographer agrees not to use any audio recordings for other purposes without the express permission of the Clients.
Equipment Handling: The Clients are responsible for ensuring the lav mic remains securely attached and functional throughout the event. However, the Photographer will monitor and adjust the equipment as necessary.
Consent: By signing this agreement, the Clients give their consent to be recorded via the lav mic and understand the purpose and use of these recordings.
CANCELLATION POLICY
If the Client cancels the agreement [14] days prior to the event, the Service Provider will retain the deposit as a cancellation fee.If the event is rescheduled, efforts will be made to accommodate the new date, subject to availability.In the event the Service Provider cancels due to unforeseen circumstances, a full refund will be provided, including the deposit.
DELIVERABLES & TIMELINE
Photos: The Client will receive unlimited edited digital photos, delivered via an online gallery within 4 weeks.
Video: The Client will receive an edited highlight video delivered within 6 weeks. Which may include special and candid moments, guests, dances, speeches, etc.
All files will be available for a period of 30 days before being deleted for storage optimization.
The Photographer will store the final edited media for a period of one year from the event date. After this period, the Photographer is not responsible for storing the images, and additional copies may be subject to a fee. Should there be any delays, the Photographer will communicate promptly with the Client.
CLIENT RESPONSIBILITIES
The Client agrees to provide the Service Provider access to the venue and event to carry out services effectively. The Client will obtain necessary permissions for the event venue and attendees for filming and photography.
An itinerary must be provided by the Client before the event or discussed and created in collaboration with the Photographer. The Photographer is not responsible for capturing anything not included in the itinerary.
Any special requests must be made in advanced to effectively prepare.
MEDIA RELEASE AND USE OF LIKENESS
The Client grants the Photographer the right to use the photographs of the event in advertising, portfolio, web content, or other commercial uses. The Client and all individuals photographed release the Photographer from all claims related to the usage of the images.
COPYRIGHT & USAGE
The Service Provider retains the copyright to all images and video footage taken at the event. The Client is granted a personal, non-commercial license to use and share the photos and videos. The Service Provider reserves the right to use images and videos for portfolio, website, and promotional purposes unless the Client requests otherwise in writing.
MAIN CLIENTS & GUEST ACCESS
Main Clients: The primary contracting party (referred to as the "Main Client") will receive full access to all final images and videos in high resolution, free of watermarks. The Main Client will have the right to download and use the delivered files for personal or organizational purposes, as outlined in this agreement.
Guest Access: Additional individuals or parties (referred to as "Guests") may be granted access to an online gallery at the discretion of the Main Client. However, all images and videos available to Guests will contain watermarks. Guests will have the option to purchase non-watermarked images if desired.
The gallery will be available for a period of 30 days.
Usage & Distribution: The Main Client is responsible for ensuring that any distributed files comply with this agreement. Unauthorized sharing of non-watermarked files with third parties not covered under this agreement negatively impacts the Photographer/Videographer’s business and ability to sustain high-quality services. To protect both parties, redistribution of non-watermarked files outside of permitted use is strictly prohibited unless explicitly approved by the Photographer/Videographer.
LIABILITY
The Service Provider is not responsible for any injury or damage sustained during the event unless caused by negligence on the part of the Service Provider.
In the event that the Photographer cannot perform this agreement due to an emergency, acts of God, or other unforeseen circumstances beyond the control of the parties, the Photographer will not be held liable except to refund the fees paid by the Client. Liability is limited to the amount paid under this contract.
FORCE MAJEURE
Neither party shall be liable for failure to perform its obligations if such failure is due to unforeseen circumstances, including but not limited to acts of God, war, or governmental restrictions.
DAMAGE TO EQUIPMENT
The Client acknowledges that they are responsible for any damage to the Photographer’s equipment that occurs as a result of negligence or intentional acts by the Client or their guests. If the Photographer’s equipment is damaged due to such actions, the Client agrees to cover the repair or replacement costs of the damaged equipment. The Photographer will provide an itemized invoice for any necessary repairs or replacement costs.
TRAVEL AND ACCOMMODATION COSTS
If the event requires the Service Provider to travel beyond a certain distance or overnight accommodations, it is a good idea to clarify if additional charges will apply. For example. The Client is responsible for any travel and accommodation costs incurred by the Photographer if the event location is more than 60 miles from the Photographer’s base location. These costs may include transportation, lodging, meals, and any other necessary expenses.
ASSISTANT PHOTOGRAPHER
The client understands that if the Service Provider is unavailable for any reason, an assistant photographer may be assigned to cover the event or occasion. The assistant photographer will operate under the direction of the Service Provider to ensure the quality and standards of service are maintained.
ADDITIONAL HOURS/OVERTIME
If the event exceeds the scheduled time, additional fees of $200 per hour will apply. The Photographer will notify the Client during the event if overtime is necessary.
BACKUP OF FOOTAGE AND PHOTOS
While every effort will be made to preserve photos and videos, the Service Provider is not responsible for any lost data after it has been delivered to the Client. It is recommended that the Client create backups of all media received.
RESERVATION OF TIME
Upon signing this agreement, the Photographer will reserve the agreed time and will not make another reservation for that specific time frame.
ENTIRE AGREEMENT
This agreement constitutes the entire understanding between the parties. Any modifications to this agreement must be in writing and signed by both parties.