Venue (On Site) Service Contract
Agreement & Definitions
Independent Contractor / Copyright / Usage Rights
Third-Party Use of Images
Event Requirements
Retainer & Payment
Client Cancellation Policy
Photographer Cancellation / Force Majeure
Delivery of Images
Health & Safety
Photographer Rights
Limitation of Liability
Indemnification
Governing Law
Electronic Signatures / Entire Agreement
Agreement & Definitions
This Venue Photography Services Agreement is entered into between Chelsea V
Photography and the individual or organization booking photography services. For
purposes of this Agreement, “Client” refers to the individual or entity entering into this
Agreement, including its organizers, employees, representatives, contractors,
volunteers, attendees, guests, and any other individuals acting on the Client’s behalf or
participating in the Event. “Photographer” refers to Chelsea V Hubbell, doing business
as Chelsea V Photography, together with any employees, assistants, second
photographers, independent contractors, or other personnel engaged by Chelsea V
Photography to provide Event services under this Agreement. “Event” refers to the
photography services, session, corporate event, employee headshot session, or other
engagement described in this Agreement and any related invoice or proposal. “Venue”
refers to the physical location where photography services will be performed, including
any associated indoor or outdoor areas designated for the Event.
By signing this Agreement or submitting payment, Client agrees to all terms and
conditions contained herein.
Independent Contractor / Copyright / Usage Rights
Chelsea V Photography is an independent contractor and not an employee of the Client.
Chelsea V Photography retains all copyrights and ownership rights to all photographs
created under this Agreement. Client receives a non-exclusive license to use delivered
photographs for the purposes agreed upon under this Agreement, including internal
communications, employee recognition, recruiting, and standard business-related uses.
Any commercial advertising, resale, licensing, or additional usage rights must be agreed
upon in writing. Client represents and warrants that it has obtained all necessary
permissions, releases, and authorizations required for individuals attending the Event to
be photographed. Client is responsible for notifying attendees of photography services
and any applicable restrictions. Client grants Chelsea V Photography permission to use
selected photographs for portfolio, website, marketing, social media, educational, and
promotional purposes unless Client provides a written request to opt out prior to the
Event. Client is responsible for communicating any restrictions regarding photography,
image sharing, or attendee privacy requirements to its employees, guests, vendors, and
attendees prior to the Event. Any restrictions requested after the Event may not be
guaranteed.
Third-Party Use of Images
Chelsea V Photography is not responsible for the use, distribution, modification,
reproduction, sharing, posting, or publication of delivered images by Client, attendees,
guests, employees, vendors, or any other third parties after images have been
delivered. This includes, but is not limited to, social media posts, online sharing
platforms, artificial intelligence tools, image-generation services, facial recognition
systems, or any other third-party technology or application. Photographer does not
guarantee that delivered images will be protected from unauthorized copying, scraping,
artificial intelligence processing, or other use by third parties after delivery.
Client acknowledges that Chelsea V Photography does not control how delivered
images may be used by individuals who receive access to the images and cannot be
held responsible for any subsequent use, alteration, distribution, or processing of
images by third parties.
Event Requirements
Client agrees to provide timely communication, access to the venue, event schedule
information, designated points of contact, and reasonable cooperation necessary for
Photographer to perform services.
Client will provide at least 10 feet by 10 feet of space for the Event. Client will provide
reasonable access to electrical power and any venue resources previously agreed
upon. The client will provide parking to Chelsea V Photography and any staff hired by
Chelsea V Photography. Client is responsible for parking costs. If a parking pass cannot
be issued, Chelsea V Photography will purchase parking and add the total to your
invoice.
Chelsea V Photography will provide a background color selected by Client or will utilize
the existing venue environment as the photographic backdrop. Custom backgrounds or
color requests may be made up to three weeks before a scheduled setup day of your
event. No specific color, hue, texture, location, environmental condition, or final
appearance can be guaranteed.
Retainer & Payment
A non-refundable retainer equal to 30% of the total contracted fee is required to reserve
the Event date. No date is reserved until the signed Agreement and retainer payment
are received. Credit card payments are subject to a 3% processing fee. Payments made
by ACH or check incur no additional processing fees.
Client Cancellation Policy
The retainer is non-refundable and non-transferable except as otherwise provided in
this Agreement. If Client cancels the Event or photography services for any reason, the
retainer shall be retained by Chelsea V Photography as compensation for reserving the
date and declining other bookings. Any additional cancellation fees or unpaid balances
shall be governed by the payment schedule outlined in this Agreement.
Cancellations made within 30 days of the Event require payment of 50% of the total
contracted fee, less any amounts already paid. Cancellations made within 14 days of
the Event require payment of 100% of the total contracted fee, less any amounts
already paid.
Photographer Cancellation / Force Majeure
“Force Majeure” means events beyond Photographer’s reasonable control, including but
not limited to natural disasters, severe weather, government restrictions, venue
closures, labor disputes, transportation disruptions, illness, injury, equipment failure, or
other emergencies.
If Chelsea V Photography is unable to perform the contracted services due to illness,
injury, emergency or other circumstances beyond Photographer’s reasonable control
such as Force Majeure, Photographer will make reasonable efforts to secure a qualified
replacement photographer to provide the contracted services. Any replacement
photographer engaged by Chelsea V Photography shall perform the services under the
terms and conditions of this Agreement.
If a suitable replacement cannot be secured, this Agreement shall terminate, and
Client’s sole remedy shall be a refund of all amounts paid directly to Chelsea V
Photography, including the retainer. Chelsea V Photography shall have no further
liability for any indirect, incidental, consequential, special, or punitive damages,
including but not limited to lost profits, lost business opportunities, substitute vendor
costs, or other expenses arising from the cancellation or inability to perform.
Delivery of Images
Chelsea V Photography will make reasonable efforts to provide digital images to
attendees through the delivery method selected for the Event, which may include email
delivery, online gallery delivery, or another electronic method. For onsite delivery
services, attendees will be required to provide contact information, including name and
email address, through a form or other collection method provided by Chelsea V
Photography.
For onsite delivery, Client and attendees are responsible for providing accurate and
functional contact information. Chelsea V Photography is not responsible for delayed,
failed, or undeliverable image delivery caused by incorrect email addresses, email
filtering systems, corporate security settings, spam filters, blocked attachments, inactive
email accounts, or other issues outside of Photographer’s reasonable control.
Onsite image delivery timelines may vary depending on venue conditions, internet
availability, network reliability, event volume, number of attendees, equipment
performance, or other technical factors. Chelsea V Photography does not guarantee
immediate delivery of images during the Event.
If onsite delivery cannot be completed, Photographer may provide an alternative
electronic delivery method, including an online gallery, download link, or other digital
delivery platform selected by Photographer.
Images delivered during or immediately following an Event are provided as event-ready
digital files and do not include individual editing, retouching, color correction, cropping,
or other post-production adjustments unless specifically included in the contracted
services. Images are captured and delivered according to Photographer’s professional
workflow and selected camera settings appropriate for the Event.
Client and attendees acknowledge that delivered image files may vary in file size
depending on camera settings, image resolution, and delivery method. File size alone
does not indicate image quality, and Chelsea V Photography is not responsible for
limitations imposed by email providers, devices, software, or third-party platforms used
to access or download images.
Client may request access to a complete event gallery if included in the contracted
services. Client acknowledges that final image delivery may consist only of selected
images captured by Photographer and does not include unselected, duplicate, test, or
technically unusable images.
Chelsea V Photography is not responsible for maintaining archived copies of delivered
images beyond 90 days after delivery. Client is responsible for downloading and
securely storing delivered photographs.
Health & Safety
Client assumes responsibility for the safety and supervision of all attendees, guests,
children, and animals present during photography services. Client is responsible for
notifying Photographer of known hazards, restrictions, safety requirements, or venue
rules that may affect Photographer’s ability to perform services. Photographer shall not
supervise minors or pets and shall not be responsible for injuries, illnesses, allergic
reactions, or accidents occurring before, during, or after the event except where caused
by Photographer’s gross negligence. Client is responsible for ensuring Photographer
has reasonable access to areas necessary to perform services.
Photographer Rights
Chelsea V Photography reserves the right to suspend, terminate, or decline to continue
services if, in Photographer’s reasonable judgment, conditions become unsafe, illegal,
abusive, threatening, disruptive, or otherwise prevent Photographer from performing the
contracted services.
Chelsea V Photography reserves the right to suspend services if Client fails to make required
payments when due.
Limitation of Liability
To the fullest extent permitted by law, Chelsea V Photography’s total liability arising out
of or relating to this Agreement shall not exceed the total amount actually paid by Client
to Chelsea V Photography.
While every reasonable effort will be made to produce and preserve photographs,
Photographer is not responsible for circumstances beyond reasonable control including
equipment malfunction, memory card failure, theft, venue restrictions, or other
unforeseen events and Force Majeure.
Photographer will make reasonable efforts to photograph requested individuals,
activities, and details; however, Photographer does not guarantee that every attendee,
individual, moment, or requested image will be captured.
Photographer is not responsible for missed photographs caused by schedule delays,
venue restrictions, late arrivals, or changes made by the client or venue.
Indemnification
Client agrees to indemnify, defend, and hold harmless Chelsea V Photography, its
owners, employees, contractors, and representatives from claims, damages, liabilities,
losses, or expenses arising from Client’s venue, employees, guests, vendors,
attendees, or event activities, except to the extent caused by Photographer’s gross
negligence or willful misconduct.
Governing Law
This Agreement shall be governed by the laws of the State of California.
Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes
all prior discussions.