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Photography Services Agreement | Western Montana Photos

Photography Services Agreement

Western Montana Photos
Effective Date: May 15, 2026

This Photography Services Agreement ("Agreement") is entered into between Western Montana Photos ("Photographer") and the client identified below ("Client"). By placing an order or booking services, the Client agrees to the terms set forth herein.

Client Information

Client Full Name / Business Name: ___________________________________________________

Address: ___________________________________________________

City, State, ZIP: ___________________________________________________

Phone: ___________________________________________________

Email: ___________________________________________________

1. Services

Western Montana Photos agrees to provide the following photography services ("Services"):

Description of Services: ___________________________________________________

Date(s) of Services: ___________________________________________________

Location(s): ___________________________________________________

Deliverables (e.g., number of edited images, digital files, prints): ___________________________________________________

Estimated Delivery Timeline: ___________________________________________________

2. Fees & Payment

Total Fee: $_______________

Deposit Due at Booking: $_______________

Balance Due: $_______________ by ___________________________

Payment Methods Accepted: Credit/debit card via Shopify Payments, check, or other method as agreed in writing.

All fees are non-refundable except as stated in Section 4 (Cancellation & Rescheduling). Late payments beyond 14 days of the due date may incur a late fee of 1.5% per month.

3. Copyright & Licensing

All photographs, images, and other media created by Western Montana Photos remain the exclusive intellectual property of Western Montana Photos and are protected by U.S. copyright law.

Upon receipt of full payment, the Client is granted a limited, non-exclusive, non-transferable license to use the delivered images for the following purposes:

☐ Personal use only (no commercial use)
☐ Commercial use (describe scope): ___________________________________________________

The Client may not sell, sublicense, or transfer the images to third parties without prior written consent from Western Montana Photos. Western Montana Photos retains the right to use any images from the session for portfolio, marketing, social media, and promotional purposes unless otherwise agreed in writing.

4. Cancellation & Rescheduling

Cancellation by Client: Deposits are non-refundable. If the Client cancels within 14 days of the scheduled session, the full session fee is due.
Cancellation by Photographer: If Western Montana Photos must cancel due to illness, emergency, or circumstances beyond our control, the Client will receive a full refund of all amounts paid, or the option to reschedule at no additional charge.
Rescheduling: Rescheduling requests made more than 7 days in advance will be accommodated at no charge, subject to availability. Requests made within 7 days of the session may incur a rescheduling fee of $_______________.

5. Client Responsibilities

The Client agrees to:

Arrive at the agreed location on time and prepared for the session.
Obtain any necessary permits or permissions for the shooting location.
Ensure that all individuals participating in the session have signed a Model Release Form (if applicable).
Provide accurate event details and notify the Photographer of any changes in a timely manner.

6. Force Majeure

Neither party shall be liable for failure to perform obligations under this Agreement due to circumstances beyond their reasonable control, including but not limited to natural disasters, severe weather, acts of government, or public health emergencies. In such cases, both parties will work in good faith to reschedule.

7. Limitation of Liability

Western Montana Photos' total liability to the Client for any claim arising under this Agreement shall not exceed the total fees paid by the Client for the specific Services giving rise to the claim. Western Montana Photos shall not be liable for any indirect, incidental, or consequential damages.

In the unlikely event of equipment failure, accident, or other circumstances resulting in loss of images, Western Montana Photos' liability shall be limited to a refund of fees paid. Western Montana Photos strongly recommends that Clients do not rely solely on photography as the only record of an event.

8. Dispute Resolution

The parties agree to attempt to resolve any dispute arising under this Agreement through good-faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration in the State of Montana before resorting to litigation.

9. Governing Law

This Agreement shall be governed by the laws of the State of Montana. Any legal proceedings shall be conducted in the courts of Montana.

10. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the Services described herein and supersedes all prior discussions, representations, or agreements. Any modifications must be made in writing and signed by both parties.

Signatures

Client:

Signature: ___________________________ Date: _______________

Printed Name: ___________________________________________________

Western Montana Photos (Photographer):