The Mighty Studio

THE MIGHTY STUDIO
COMMERCIAL PHOTOGRAPHY AGREEMENT

INTRODUCTION

This agreement is entered into between The Mighty Studio, referred to as the Studio or Photographer, and the booking company, brand, agency, or organization, referred to as the Client. By commissioning photography services, the Client agrees to all terms and conditions set forth below.

SERVICES

The Photographer is engaged as an independent contractor to provide commercial photography services. Services may include still photography delivered as digital files and or prints. Video services are not included unless expressly outlined, booked, and paid for in advance.

FEES AND PAYMENT

A non refundable retainer equal to thirty percent of the total project fee is required to secure the booking. No dates are confirmed until the retainer is received.

The retainer is valid for up to one year from the date of payment. If services are not rendered within this period for any reason, the retainer is forfeited.

The remaining balance is due no later than the week of the scheduled shoot. No images, galleries, or files will be delivered until payment has been received in full.

ARTISTIC DIRECTION AND CREATIVE CONTROL

The Client acknowledges they are commissioning the Photographer based on her portfolio, artistic vision, and established editing style.

The Photographer retains full creative discretion over all aspects of the work including image selection, composition, cropping, editing style, and final presentation.

IMAGE SELECTION AND GALLERIES

Delivered galleries are curated selections and are not a complete record of the session. There is no guarantee of a specific number of images.

The Client may not select which images are included unless explicitly agreed to in writing.

IMAGE DELIVERY

Final images are delivered digitally via Pixieset or a comparable platform and remain available for six months from the delivery date. After that time, galleries may be permanently removed.

RAW files are not provided under any circumstance including unedited, partially edited, or original captures.

EDITING AND RETOUCHING

Standard editing is included and reflects the Photographer’s established style including color correction, tonal adjustments, and light blemish removal.

Additional retouching, revisions, or custom editing requests are billed at one hundred fifty dollars per hour plus HST with a one hour minimum and must be paid in full before work begins.

The Photographer reserves the right to decline editing requests that conflict with her artistic vision or brand.

SCOPE AND ADD ONS

Shot lists, concepts, props, or backdrop requests may be discussed in advance but are not guaranteed unless contractually specified.

The Photographer may work with assistants as needed. The presence or number of assistants is not guaranteed unless agreed to in writing.

CLIENT RESPONSIBILITIES

The Client is responsible for securing any required locations, permits, talent releases, and product readiness.

Delays caused by the Client or third parties count toward scheduled shoot time.

RESULTS AND LIMITATIONS

The Photographer agrees to perform services with reasonable professional skill and care consistent with her portfolio.

The Client understands that results depend on factors beyond the Photographer’s control including cooperation, timing, environment, and subject performance.

Creative dissatisfaction or subjective preferences do not constitute failure to perform and are not grounds for refunds, reshoots, or fee reductions.

RESCHEDULING AND CANCELLATIONS

A minimum of twenty four hours notice is required to cancel or reschedule.

Cancellations within twenty four hours result in forfeiture of the retainer.

With proper notice, the retainer may be applied to a rescheduled date within one year of the original payment subject to availability.

No shows are non refundable and non transferable.

LIABILITY AND ASSUMPTION OF RISK

The Client assumes full responsibility for themselves, staff, talent, and property during the session.

The Studio and Photographer are not liable for injury, loss, damage, or distress incurred during or in connection with the shoot.

TECHNICAL FAILURE AND FORCE MAJEURE

The Client acknowledges that technical issues may occur including equipment malfunction or data loss.

In such cases, the Photographer’s liability is limited to reasonable efforts to remedy the situation which may include rescheduling where feasible. No further compensation or damages will be owed.

COPYRIGHT AND OWNERSHIP

The Photographer retains full and exclusive copyright ownership of all images created in perpetuity.

Nothing in this agreement constitutes a transfer of copyright.

The Photographer may use the images for any purpose including portfolio use, website display, social media, marketing materials, exhibitions, publications, and competitions.

COMMERCIAL LICENSE

Upon full payment, the Client is granted a non exclusive, non transferable commercial license to use the delivered images for their own business purposes including marketing, advertising, social media, website use, and promotional materials.

This license does not permit resale, sublicensing, use by third parties without written permission, or alterations beyond standard cropping or resizing without approval.

Extended usage, exclusivity, or buyouts require a separate written agreement and additional licensing fees.

SOCIAL MEDIA AND CREDIT

When images are shared publicly, crediting The Mighty Studio is appreciated and encouraged wherever reasonably possible.

The Client acknowledges that credit may not always be feasible due to platform limitations or brand guidelines and that failure to credit does not constitute breach of this agreement.

PRICING AND POLICY CHANGES

Rates and policies are subject to change without notice. The terms in effect at the time of booking apply to that project only.

AGREEMENT CONFIRMATION

By commissioning services and submitting payment, the Client confirms that they have read, understood, and agreed to all terms and conditions outlined above. Booking and payment constitute acceptance of this agreement.