Photography Retouching Agreement

This Agreement is entered into [Month Day, Year] ("Effective Date") by [Your Company Name] ("Service Provider"), a company specializing in photography with its principal place of business located at [Your Company Address], and [Client Name] ("Client"), an individual with its main residence located at [Client Address]. Collectively, they will be known as "Parties". This Agreement establishes the terms under which the Service Provider will offer photo retouching services to the Client.

I. Scope of Services

The Service Provider will provide professional photo retouching services, as described below:

1. Photo Enhancement: Adjust brightness, contrast, and color grading to improve overall image quality and visual appeal. This includes making images vibrant and natural while preserving their original essence.

2. Skin Retouching: Remove imperfections such as blemishes, scars, or wrinkles while maintaining natural texture and tone. Over-retouching is avoided unless explicitly requested by the client.

3. Object Removal or Addition: Edit out unwanted elements or add new elements seamlessly to meet the client’s needs.

4. Background Adjustments: Enhance or replace the background to align with the image's purpose, whether for marketing, personal use, or professional portfolios.

5. Special Effects and Creative Edits: Add unique effects such as vignettes, artistic filters, or other creative touches as specified by the client to achieve their desired look.

II. Client Responsibilities

For the Service Provider to deliver exceptional service, the Client agrees to:

1. Provide High-Resolution Originals: Submit photos in formats such as JPEG, RAW, or TIFF, with a resolution that allows detailed editing. Low-quality images may result in suboptimal results.

2. Clear Communication of Requirements: Clearly state all desired edits for each photo, providing visual examples or detailed descriptions when necessary. Ambiguity may lead to additional revisions or delays.

3. Feedback on Edits: Promptly review draft versions of the retouched images and provide concise feedback within the agreed-upon timeframe.

4. Confirm Ownership of Photos: Certify that the photos provided are free from third-party copyright claims or legal restrictions and are authorized for retouching.

5. Timely Submission: Submit all photos and detailed instructions at least five (5) days before the agreed delivery date to avoid processing delays.

III. Payment Terms

1. Service Rates: The base fee for standard retouching is two thousand dollars ($2,000) per photo. Fees for complex edits start at two thousand five hundred dollars ($2,500) per photo and will be confirmed before work begins.

2. Deposit Requirement: A deposit of twenty five percent (25%) of the estimated project cost is required upon signing this Agreement to secure services.

3. Final Payment: The remaining balance is due upon delivery of the completed photos. Payment confirms the client’s satisfaction with the work, subject to the revision policy.

4. Late Fees: Payments overdue by more than ten (10) days will incur a late fee of five hundred dollars ($500), added to the outstanding balance.

5. Accepted Payment Methods: Payments may be made via credit or debit card, bank transfer, or other agreed-upon methods.

IV. Ownership and Usage Rights

1. Client Ownership: Upon full payment, the Client will own all rights to the final edited images.

2. Company Portfolio Use: Unless explicitly prohibited by the client in writing, the Service Provider may use retouched images for portfolio, promotional, or educational purposes, ensuring client confidentiality is maintained.

3. Third-Party Usage: The client must seek approval from the Service Provider if they intend to sublicense or sell the images to third parties.

4. Confidentiality: Client images and associated files will not be shared with any external parties without written consent.

5. Copyright Compliance: Both parties must ensure compliance with applicable copyright laws for all submitted and edited content.

V. Delivery Terms

1. Delivery Timeline: Completed photos will be delivered within two (2) business days from the date of receipt of original photos and instructions. Rush delivery can be arranged at an additional fee.

2. Delivery Format: Retouched photos will be provided in high-resolution digital formats such as JPEG, PNG, or TIFF. RAW files may be included upon request.

3. Delivery Method: Images will be shared via secure email links, cloud storage platforms, or other agreed-upon methods.

4. Revision Policy: One round of minor revisions is included at no extra cost, provided the feedback is consistent with the original instructions. Additional revisions will incur a fee of one hundred dollars ($100) per request.

5. Archiving: Retouched photos will be stored securely by the Service Provider or up to two (2) months. Client is encouraged to back up their files immediately after receipt.

VI. Limitation of Liability

1. No Guarantees on Subjectivity: While every effort is made to meet client preferences, retouching is subjective, and the Service Provider cannot guarantee perfect alignment with client expectations.

2. File Security: The Service Provider is not responsible for damage or loss of original files during transit or due to client mishandling.

3. Service Disruptions: Delays caused by unforeseen circumstances will not result in liability for missed deadlines.

4. Client-Provided Content: The Service Provider is not liable for issues arising from client-provided materials, including legal disputes or suboptimal image quality.

5. Maximum Liability: The Service Provider's liability is limited to the total amount paid by the client under this Agreement.

VII. Termination

1. Termination by Either Party: Either party may terminate this Agreement by providing written notice.

2. Termination by Client: If the Client terminates after work has begun, the Service Provider reserves the right to bill for completed work.

3. Non-Refundable Deposit: Deposits are non-refundable except in cases of non-performance by the Service Provider

4. Project Continuation: Work will cease immediately upon termination unless mutually agreed to complete pending tasks.

5. Final Invoice: A final invoice for any unpaid services will be issued upon termination.

VIII. Miscellaneous

1. Governing Law: This Agreement will be governed by the laws of [Jurisdiction]. Any disputes will be resolved through mediation, with legal action pursued only if mediation fails.

2. Entire Agreement: This document constitutes the entire Agreement between the Parties and supersedes all prior agreements or understandings, whether written or oral.

3. Amendments: Any changes or additions to this Agreement must be made in writing and signed by both parties.

4. Force Majeure: Neither party shall be liable for delays or non-performance due to circumstances beyond their reasonable control, such as natural disasters, acts of government, or technical failures.

5. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in effect.

6. Notices: All official communications related to this Agreement must be sent via email or certified mail to the contact details provided by each party.

This Agreement is binding once signed by both Parties. By signing, both the Service Provider and Client agree to the terms and conditions set forth in this Agreement.

Service Provider Signature:

[Your Name]

[Job Title]

[Your Company Name]

[Month Day, Year]

Client Signature:

[Client Name]

[Month Day, Year]

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