GD’s Photography
George Depluche
Phone: (225) 328-0429 Email: georgedepluche@gmail.com
PHOTOGRAHY COMMISSIONING/CONTRACT AGREEMENT
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Name Of Client Phone
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Street Address Cell
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City, State, Zip Email
This confirms the agreement between the Client and The Photographer on behalf of GD’s Photography
regarding photographs to be taken by the Photographer on specific photography assignments from time
to time as commissioned by the Client for photos. Photographs means the original negatives, original
transparencies, prints or digital files submitted to the Client by the Photographer in accordance with this
agreement.
1. FEES. As full consideration for the work performed and the rights granted by the Photographer to the
Client hereunder, the Client shall pay the Photographer the following accordance with the Photographer.
2. GRANT OF RIGHTS. The Photographer hereby grants the Client the following rights in and to each
Photograph, with all other rights being retained by the Photographer: (a) The exclusive worldwide first
right to publish such Photograph either in the form provided by the Photographer or as otherwise altered
in the Client’s sole discretion, and the right to reproduce and distribute such Photograph as part of the
issues of the photo In which they appear; (b) The right to publish and distribute such Photograph as wells
as Photographer’s name, likeness and biographical information or microfilm, microfiche, electronic
databases and any other similar or archival research system now existing or hereinafter developed; (c)
The right to publish and distribute such Photograph as well as Photographer’s name, likeness and
biographical information on CD-ROM, on line, (including, without limitation, the internet) and in any
media now existing or hereafter developed; (d) The right to publish and distribute such Photograph in any
other publication published by the Client upon payment of such publication’s then-prevailing standard
space rate (or, if used on the cover, such publications then-prevailing standard premium cover rate); €
The right to include such photograph in published form in a print anthology with other material published,
or any other compilation of derivative work of the photos, in any medium; (f) The right to include such
Photograph in any reprints of any edition of the internet; (g) The right to publish and distribute such
Photograph in any foreign language edition of the internet or any compilation of derivative work thereof;
(h) The right to publish and use such Photograph, as well as Photographer’s name, likeness and
biographical information, in any medium, for advertising and promotional purposes; (i) The exclusive right
to license third parties to publish and use such Photograph in any medium now existing or hereafter
developed, either directly or through a syndication company, for a period of 90 days from the on-sale date
of the issue of the internet in which the Photograph appears, and the non-exclusive worldwide right to
license third parties to publish and use such Photograph in any medium now existing or hereafter
developed, either directly or through a syndication company, thereafter; (j) For any Photograph used on
the cover of any publication published by the Client, the right to use such Photograph as it appears on the
cover in any medium, and the right to license third parties to so use such Photograph.
3. SERVICES. Photographer agrees to perform services hereunder and complete the Assignment in
accordance with the reasonable instructions by the client, and as directed by the Photography pursuant
to professional photographs and media.
4. EXPENSES. The Client shall pay Photographer’s reasonable expenses for travel, lodging and meals,
incurred in connection with each Assignment, unless the Client and Photographer agree otherwise.
5.CLIENT’S EXPENSES. Notwithstanding anything to contrary in paragraph 4, Client shall arrange all
locations, and studio booking at its own expense unless Client notifies Photographer otherwise.
6.SUBMISSION AND ACCEPTANCE. Photographer agrees to submit the Photographs to the internet as
soon as possible, and no later than the submission date specified between the Client and Photographer
in its sole discretion. The Client has the right to accept or reject the Photographs for publication of the
internet in its sole discretion.
7.PAYMENT. The Client shall make all payments hereunder in the ordinary course of its service. The
Photographer shall submit an invoice for each photography assignment, including a list of fees and
expenses separately itemized. Each such invoice shall include the job number assigned by the
Photographer. The Photographer shall attach copies of all receipts for expenses to the corresponding
invoice. Photographer shall report all payments made under this Agreement, including those for expenses,
as income on Photographer’s year-end 1099-tax form.
8.EXCLUSIVTY. Photographer shall not grant the right to publish any of the Photographs published on the
internet or similar photographs in any publications for 90 days from the on-sale date of the issue in which
such Photographs are first published including, without limitation.
9.MODELS, ETC. Photographer shall obtain properly executed model releases and any other releases
requested by the Client on forms provided by the Photo Editor. The Photographer shall keep confidential
and not disclose to any third party the identity of the models used in any photography assignment prior
to the on-sale date of the issue of the photo to which such assignment applies.
10.RETURN OF PHOTOGRAPHS. The Client may retain the Photographs until the on-sale date of the issue
of the photo in which each photograph is published. Following publication, the Client may retain copy
prints, duplicate transparencies, photo CD scans, and other archival formats of the published
Photographs, and a reasonable number of transparencies of the unpublished Photographs for future use
in accordance with this agreement.
11.CREDIT. Photographer will be credited in the issue of the publication in which any of the Photographs
appear in the form, placement, size and typeface.
12.REPRESENTATIONS AND WARRANTIES. Photographer represents and warrants that the Photographs
are Photographer’s original work, Photographer has the right to grant the rights granted herein, there has
been no prior sale, publication or transfer of rights to the Photographs any part of them, and publication
of the Photographs will not infringe upon any third party’s copyright or, to its best knowledge, any other
rights, including, without limitation, the rights of privacy and publicity. Photographer shall cooperate with
the Client in defending against any third-party claim relating to the Photographs.
13.TERM. The term of this agreement shall commence on the date of its execution and shall continue until
terminated by either the Photographer or client upon thirty (30) days’ prior written notice, except that
the Client shall make any payments due and owing to Photographer as of the date of termination and the
provisions of paragraph 2, 8, 9, 10, 12, 14 and 15 shall survive any such termination in accordance with
their terms.
14.INDEPENDENT CONTRACTOR. The parties acknowledge that the services performed under this
agreement are performed by the Photographer as an independent contract, not as an employee or agent,
and that the Photographer is responsible for the payment of all federal, state and local personal income
taxes and any other taxes arising out of payments made under this agreement. I acknowledge and agree
that the Photographer is 13 years of age but is legally running this business. The Photographer
acknowledges that unemployment compensation will not be available as a result of services performed
under this agreement and that the Client is not responsible for obtaining insurance or other compensation
covering accident or injury arising out of the performance of this agreement otherwise.
15.MISCELLANEOUS. The validity, interpretation and legal effect of this agreement will be governed by
the laws of the State of Louisiana without regard to its conflict of laws principles that would require
another state’s law to apply. This agreement sets forth the entire understanding of the parties and may
not be modified except in a writing signed by the Photographer and the Client.
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PHOTOGRAPHER SIGNATURE DATE
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1st CLIENT SIGNATURE DATE
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2nd CLIENT SIGNATURE DATE