Photography & Model Services Agreement for March 26, 2024,

at the Current Hotel, Tampa, Florida

Disclaimer:

This contract is for each company or vendor, and their assistant(s), paid or unpaid, who will be participating in the two styled wedding photography sessions on March 26, 2024, at the Current Hotel, Tampa, Florida. One representative from each business (known as the Client) is required to sign; and they will enforce the contract with their staff and employees. The Owners of this Photography Services Agreement are Tina Ortiz for Bespoken Forever Photography and Allison Hlavac for the Current Hotel.


Photography Services Agreement

THIS AGREEMENT is made as of (the “Effective Date”) between with a primary contact address of (“Client”), and (“Photographer”).

1. Photographer, Content Video, & Finished Products

1.1 Services. Subject to the terms set out herein, Client will work with Photographer to provide, and Photographer agrees to provide, the photography services described in this Section 1.1 (the “Services”).

 

Description of Services:

  • [Two Styled Wedding Sessions] (Valued at $10,000 as determined by Photographer) Client will work with 2 photographers, up to 12 hours of photography in various locations in and around the hotel. Each photographer will be working in different areas at the same time, as well as in the same location.
  • The finished photography will be a combination of photographs that look like a real wedding, behind the scenes look each vendor, as well as each vendor interacting with the models. Subject to schedule, availability, as well as the finished edit.
  • Within 4-6 weeks, all edited images will be uploaded to a password protected gallery. You will have the ability to download any and all images.
  • Video/Content Creation will be guided by Photographer; up to 12 hours of video in various locations in and around the hotel.
  • The finished videography will be a combination of raw video footage, as well as edited reels for the hotel. Each vendor will also have the opportunity to have behind the scenes video content, as well as interacting with the models during each wedding. Subject to schedule, availability, as well as the finished edit.
  • Within 2-4 weeks, the video footage will be uploaded to a gallery, and give you access to any and all content.
  • DATE of Session: March 26, 2024, session time 7:00 - 20:00
  • Location: Current Hotel, Tampa, Florida

 

As part of the Services, the Photographer will produce or take similar action to create materials from Images and provide related deliverables (as set out above) pursuant to the provision of the Services (“Work Product”). “Images” means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.


1.2 Exclusivity. This session involves a lot of vendors giving their time, product donations, item rentals, and purchases, the value of the session is estimated at $10,000. Therefore, the finished photographs, content, and products will be controlled.


1.25 Client acknowledges and agrees that Photographer and Content Creator will be the exclusive providers of the Services, unless otherwise agreed to by the parties in writing. Client is not allowed to perform photography or video content during this session (with own camera, phone, or any digital device). Client agrees that additional persons with them will also abide by Exclusivity.


1.3 Agreement. Client acknowledges and agrees to leave their cell phones in their car or in their bag/purse/suitcase (turned off).


1.4 Violation. Clients who use their cell phone will be asked to leave the session and will not receive any compensation for their time, refunds for any purchases that they have made, neither will they receive any Products from the session.


2. Fees and Payment

2.1 Fees. Client has no fees or costs, as this is a collaboration between a variety of vendors. There are no taxes, travel expenses, compensation, validation, tips, or refunds available from this session. There are no fees to be paid to any Clients on this session. Neither can you send an invoice for your time or products provided. Client will be responsible for any other expenses incurred by Photographer and Hotel that are necessary for the performance of the Session.


2.2 Rentals, Deposits, and Refunds. Photographer acknowledges and agrees that there are several vendors who have been paid outside of this contract to secure products or services. These are handled privately with Bespoken Forever Photography.


3. Client Responsibilities

3.1 Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from attendees or participants of the photo shoot.


3.2 Dress Code, Networking Options, and Behaviors. This session will portray two types of high end wedding clientele, while working around real hotel clients, staff, and other occupants.

  • Please dress yourself in your best working outfits; you can change twice, to make it look like you were working on two different days
  • No designer logos or branding (unless it is your own company's logo & branding)
  • business casual is acceptable for the first Bohemian Style wedding and Impressive Business Casual/high end outfits for the Luxury Style wedding.
  • No cropped tops, excessive cleavage, flip flops, or shorts; inappropriate outfits may be asked to go change or cover up.
  • Bring enough business cards for about 100 people; guests of the hotel may want some as well as your fellow vendors
  • No smoking, vaping, or alcohol are allowed at all during this session. Neither are there any breaks for such.
  • Please refrain from swearing, horse play, or inappropriate behaviors.


3.3 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services)

hereby waives all rights and claims, and releases Photographer and Video Content from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.


4. Photographer & Video Responsibilities

4.1 Storage of Products. Photographer will store your images at no charge, online, in a digital gallery for 3 years from the session date. Expired galleries may not be accessed. Video content will be stored for 365 days from the session date. Expired galleries may not be accessed.


4.2 Manner of Service. Photographers and Video content will ensure that the Services are performed in a good, expedient, professional, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities.


4.3 Photography Staff. There will only be 2 photographers at this session: Tina Ortiz and Bob Sellers. Both are fully insured. (Inquire separately for more information).

  • Tina Ortiz will be in charge of the session schedule, all creative aspects of the models' looks, behavior or posing required for the finished look of the product.
  • Photographers and Video will comply with the reasonable directions of Client from time to time regarding the safety of attendees or participants at the photo shoot and applicable health, safety and security requirements of any locations where the Services are provided.


5. Artistic Release

5.1 Consistency. Photographer and Video content will use reasonable efforts to ensure that the Services are produced in a style consistent with their current portfolio, and they will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.


5.2 Style. Client acknowledges and agrees that:

  • Hotel Client has reviewed Photographer’s previous work and portfolio and has a reasonable expectation that Photographers & Video will perform the Services in a similar style.
  • Photographer and Video will use its artistic judgement when providing the Services, and shall have final say regarding the aesthetic judgement and artistic quality of the Services; and
  • All Clients do not have access to deleted or unedited photographs or video. Neither can they attend an editing session.


6. Term and Termination

6.1 Term. This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding printed products and deliverables, under this Agreement, are completed and have been delivered (“Term”).


6.2 Cancellation & No Show. Client may respectfully terminate the Agreement (“Cancellation”) by providing Tina Ortiz, the Photographer with email, written, or phone call notice at any time leading up to the session.


6.3 Rescheduling. This event cannot be rescheduled.


6.4 Late Client or Replacement. In the event that Client is late to the session, Photographer and Video will still deliver Work and images within the remaining reserved time. Late is not a reason to reschedule or add time to the end of the session.

If Photographer or Video are late due to extraordinary circumstances, Client has the ability to add extra time to the session at the end, if allowed. If Lead Photographer or Video are unable to perform the Services, due to illness or injury, 2nd Photographer, will perform the Services in accordance with the terms of this Agreement.


7. Ownership of Work Product by Photographer, Hotel, and Video

7.1 Ownership of Work. Photographer, Hotel, and Video will own all rights, title and interest in all Work Product. Client (on behalf of itself and any attendees or participants at the photo shoot) hereby grants Photographer, Hotel, and Video and any of its service providers an exclusive, royalty-free, worldwide, irrevocable, transferable and sublicensable license to use any materials created by Client or attendees, during the performance of the Services, that may be protected by copyright or any intellectual property rights (“Client Materials”) as part of any Work Product or in connection with the marketing, advertising or promotion of Photographer’s/Hotel's/Video's services, including in connection with Everyone's studio, portfolio, website or social media, in any format or medium. Client acknowledges and affirms that no other person or entity has any rights that may prevent or restrict Photographer, Hotel, or Video from using Client Materials as provided herein.


8. Limited License to Client

8.1 Personal Use. Photographer, Hotel, and Video hereby grants Client an exclusive, limited, irrevocable, royalty-free, non-transferable and non-sublicensable license to use Work Product for Client’s Personal Use, provided that Client does not remove any attribution notices or copyright notices included by Photographer in any Work Product. “Personal Use” includes, but is not limited to, use (i) of photos on Client’s personal social media pages or profiles; (ii) in Client’s personal creations, such as scrapbooks, albums or personal gifts; (iii) in non-commercial physical display; and (iv) in personal communications, such as family newsletter, email, or holiday card. Client will not make any other use of the Work Product without Photographer’s/Hotel's/Video's prior written consent, including but not limited to use of the Work Product for commercial sale.


9.  Indemnity and Limitation of Liability

9.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer, Hotel, and Video 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 Work Product Photographer provides to Client.


9.2 Force Majeure. Neither party shall be held in breach of or liable under this Agreement for any delay or non-performance of any provision of this Agreement caused by illness, emergency, fire, strike, pandemic, earthquake, or any other conditions beyond the reasonable control of the non-performing party (each a “Force Majeure Event”), and the time of performance of such provision, if any, shall be deemed to be extended for a period equal to the duration of the conditions preventing performance. If such Force Majeure Event persists for more than 60 days, the party not affected by the Force Majeure Event may terminate the Agreement and any prepaid fees for Services not performed (other than the Retainer) shall be returned within 15 days of the date of termination of the Agreement.


9.3 Failure to Deliver . Photographer and Video shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions, service interruptions that are beyond the control of Photographer or Video (including as a result of delays in receipt of instructions from Client) and for Work Product that fails to meet the specifications set out in Section 1.1 due to the actions of Client or attendees or participants at the photo shoot that are beyond the control of Photographer or Video (e.g., other people or animals in the background, or landscape).


9.4 Maximum Liability. Notwithstanding anything to the contrary, Client agrees that Photographer’s/Video's maximum liability arising out of or related to the Services or the Work Product shall not exceed a rescheduled session, on a mutually available date and time under this Agreement.


10. General

10.1 Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:


10.2 Survival. Articles 7, 8, 9 and 10 will survive termination of this Agreement.


10.3 Governing Law. This Agreement will be governed by the laws of [Florida, United States]


10.4 Amendment. This Agreement may only be amended, supplemented or otherwise modified by written agreement signed by each of the parties.


10.5 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes all prior agreements and understandings both formal and informal.


10.6 Severability. If any provision of this Agreement is determined to be illegal, invalid or unenforceable, in whole or in part, by an arbitrator or any court of competent jurisdiction, that provision or part thereof will be severed from this Agreement and the remaining part of such provision and all other provisions will continue in full force and effect.

E-Sign below, please