Dan Smarg Photography
Services Contract
DAN SMARG PHOTOGRAPHY CUSTOMER | COLLABORATOR
Customer | Collaborator Name
of or represented by:
Company | Legal Entity Name
Requests DAN SMARG PHOTOGRAPHY (Dan Smarg) to Complete or Execute…
"Totally Awesome Multimedia Content Shoot"
DESCRIPTION OF PRODUCTS & SERVICES
Insert an Emmy-worthy summary of your business’ lifestyle ad here!
On this date and time, below, Dan Smarg, (Hereby referred to as “Photographer”) owner of DAN SMARG PHOTOGRAPHY will arrive at a location of the Customer’s choice to provide the Multimedia Content Creation Services described:
Shoot Date | Call Time
SHOOT DATE SCHEDULING & ALTERATIONS
Photographer and Customer agree to collaboratively produce content on the date listed above. Subject to at least three (3) business days approval, Photographer and Customer may request a change to the agreed-upon schedule without any formal amendment to this Services Agreement. Any changes should be documented via email or SMS text message to ensure the new Shoot Date is mutually recognized and approved.
SHOOT CANCELLATION POLICY
A minimum of three (3) Business Days notice is required for full cancellation of this Service Agreement by Photographer or Customer.
Photographer and Customer must agree upon Shoot Cancellation in writing via email or SMS text so both parties are sufficiently notified. Any cancellation made by Customer less than three (3) Business Days prior to Shoot Date will result in a full, NON-refundable retention of the Shoot Deposit. Any cancellation made by Photographer less than three (3) Business Days prior to Shoot Date will result in the forfeiture of full Deposit Fee. However, if the cancellation is initiated and documented in a timely manner, all Deposit Fees shall be fully refunded to Customer.
Any additional costs incurred, refunds or remuneration related to Pre-Production such as rental equipment, talent acquisition or crew hiring shall also be fully reimbursed to Photographer or Customer no later than thirty (30) business days from the date of cancellation. If any additional time is required by either party to secure refund amounts, it must be done so in writing with a clear stipulation of when such funds will be disbursed.
PROPOSED SERVICE LOCATION | CITY
Greater Flathead Valley, Montana Service Area
Customer agrees to notify Photographer of preferred Shoot Location prior to issuing this Service Agreement. If the proposed location changes prior to the Shoot Date, Customer agrees to notify Photographer no later than three (3) business days prior to Shoot Date. Compensation for Travel Time, Mileage and Overnight Accommodations may apply.
CREATIVE SERVICE & DEPOSIT FEES
To engage Photographer to produce original commercial or editorial Multimedia Content on a specific Shoot Date, New Customers agree to pay a 50% Deposit of the “Total Creative Fee” listed below. Repeat or Recurring Customers are only required to pay a flat $250 Deposit to engage Photographer on upcoming shoots. If the estimated Production Budget does not mandate a Deposit, Photographer may also waive Deposit Fees at his discretion.
When the shoot is completed and content ready to be delivered, the Service Deposit Fee will be applied to the total sum owed (Noted below as: “Total Creative Fee”) and submitted to Customer via a Final Invoice Statement. Only the remaining balance for Creative Fee and any Commercial Licensing Fees are due upon Content Delivery.
Total Creative Fee:
$XXX.00 USD
Total “Creative Fee” represents the full amount due for creative production services excluding Commercial Licensing and any additional Pre-Production or Post-Production costs incurred.
Total Collaboration Commission Fee(s):
XX%
PAID BY:
PAID TO:
Total Collaboration Commission Fee(s) are for Direct-Referral Compensation to either party - Dan Smarg or to Customer, Company, Collaborator or Legal Entity. Commission Fees are determined via prior verbal agreement between parties and secured by the signing of this Services Agreement. Total Commission Fees to be paid by either party are based on the above-state percentage of the Gross / Face-Value Services, Product Sale or “Experience” rendered by either entity.
Deposit Fee:
$XXX.00 USD
Deposit applied towards Total Creative Fee. Remaining Balance of Creative Fee due upon final Content Delivery.
Full Deposit must be submitted a minimum of three (3) business days prior to Shoot Date.
COMMERCIAL LICENSING FEES & EXCLUSIVE CONTENT RIGHTS
If Customer intends to use any multimedia content created by Photographer for Commercial (For Profit) Use, Commercial Licensing Fees are required under U.S. Copyright Law.
Photographer shall also submit a Multimedia Permissions Form to further outline the associated costs of licensing the Multimedia Content for commercial-use to Customer. In addition, Customer agrees to complete, submit and comply with all terms stipulated within the Dan Smarg Photography Commercial Licensing Agreement. The Multimedia Permissions Form and Dan Smarg Photography Commercial Licensing Agreement as well as any associated licensing documents submitted to and digitally signed by Customer are hereby considered Official Addendums and therefore, equally and irrevocably binding under the terms of this Services Agreement.
EXCLUSIVE-Use Rights may be requested by Customer and considered by Photographer, but are not implied nor required to be issued. Pending a separate and specific Exclusive Rights licensing negotiation, dissemination and distribution discovery process, as well as an independent review of and for a contract for such Exclusive Commercial-Use Rights, no such Exclusive rights are hereby implied or granted. All Exclusive Content Rights are retained by Photographer unless otherwise stipulated under the adherence to and protection of U.S. Copyright Law.
If Customer does NOT intend to use the Multimedia Content produced under this Service Agreement “For direct or indirect profit, promotion or marketing purposes,” all NON-Exclusive rights to possess, digitally post or disseminate the Multimedia Content are hereby granted by DAN SMARG PHOTOGRAPHY (Dan Smarg) / Photographer. If Customer has any questions about the intended use of the Multimedia Content, Photographer requests any and all concerns be addressed prior to signing this Service Agreement so all parties are fully complicit and compliant with U.S. Copyright Law. Customer may learn more by reading Photographer’s Licensing Blog Post: “Commercial-Use Multimedia Licensing Explained". Learn more…
If the use of the Multimedia Content produced under this Service Agreement changes in any way or becomes commercial after its Date of Delivery, Customer agrees to notify Photographer in each occurrence prior to content dissemination and hereafter in-perpetuity. Failure to notify Photographer of commercial use and to secure Commercial-Use Licensing for Multimedia Content may result in a U.S. Copyright infringement lawsuit and or related penalties under such Federal Laws.
All Commercial Licensing Fees will be estimated and notated within Customer's Service Agreement.
All totals, including content-use changes or modifications will be assessed and itemized on Customer's Final Invoice and must be paid in full upon Content Delivery.
Estimated Commercial Licensing Fees:
$XXX.00 USD
Determined by Multimedia Permissions Form discovery process.
To be submitted prior to Multimedia Content Production and amended or revised if necessary upon Content Delivery.
TRANSPORTATION COSTS: TRAVEL TIME | MILEAGE LIMITS & FEES | OVERNIGHT ACCOMMODATIONS | PARKING | FOOD PER-DIEM
Customer acknowledges that Photographer offers Creative Services within a “reasonable driving distance” in a thirty (30) mile Service Area range of Photographer’s principle place of business: Whitefish, Montana. This Service Area is referred to as: “Greater Flathead Valley, Montana Service Area.”
Photographer may be contracted to work outside the Greater Flathead Valley, Montana Service Area, however additional travel costs and fees may be incurred. Photographer reserves the right to itemize such costs for Customer’s approval and will clearly outline all projected ancillary fees in this Service Agreement.
Photographer agrees to travel to a location of Customer’s choice within the GFV Service Area to provide Creative Production Services in accordance with this Service Agreement. Distance to Shoot Location shall not exceed thirty (30) miles of Service Area without additional time and mileage compensation. If distance to Customer’s required location does exceed the thirty (30) mile Service Area included within the scope of compensation for this Services Agreement, Customer is required to notify and properly compensate Photographer in accordance with Regional and Federal Labor Laws:
A Federal Mileage Fee of “$.65.5 USD cents per mile driven for business use” will be assessed along with an “Estimated Round-Trip Travel Time” to and from Shoot Location. Customer agrees to compensate Photographer’s ERTTT "round-trip, to-and-from" Production's Location according to Montana State Minimum Wage: $9.95 per hour worked (spent traveling). If Multimedia Production Services take place beyond the borders of the State of Montana, Customer agrees to pay the standard minimum wage in the state where services are rendered. All such fees are subject to approval by both Dan Smarg Photography and Customer, but Customer hereby acknowledges that Photographer will submit a Services Estimate / Multimedia Production Proposal consummate with any and all reasonable considerations herewith.
If Shoot Location or the nature of the Creative Services provided by Photographer require Overnight Accommodation or Multi-Day Stays, Customer must notify Photographer prior to signing this Services Agreement. If the projected timeline for Production changes, and overnight stay is required, Customer agrees to notify Photographer no later than three (3) business of Shoot Date.
Customer agrees to secure “reasonable and professional” overnight accommodation arrangements for Photographer for the total days/nights required to complete the Production. If Customer is not able to secure or pay for such accommodations in advance of Photographer’s arrival, Photographer must keep a detailed record of any charges directly related to overnight accommodations such as hotel stays or “Resort Service Fees” incurred. No personal expenses incurred by Photographer during such stays shall be reimbursed unless otherwise stipulated by Customer.
Photographer considers catered Productions and any snacks or food provided by Customer as a professional courtesy. However, Customer is not required to provide catered food services “on set.” If Customer requires Photographer to stay on-location for multiple days/overnights, Photographer respectfully requests Customer to allow for a minimum of $30.00 USD Daily Food Stipend to cover basic food costs while executing this Services Agreement.
Any and all costs relating to Travel Time, Mileage, Overnight Accommodations or Daily Food Stipends must be fully documented by Photographer and compensated by Customer. Both parties agree to abide by all “reasonable and professional” estimates of various subjective factors such as weather and road conditions etc. while documenting such costs for invoicing purposes. All totals shall be submitted as detailed line items in Photographer’s Final Invoice to Customer and must be fully paid prior to final Content Delivery.
Airline, Train or Third-Party Taxi Transportation, Overnight Accommodations & Parking Estimate is based on projected costs, but subject to change pending travel variables.
Any and all costs relating to Travel must be fully paid by Customer prior to Multimedia Production in order to cover any and all "out-of-pocket" expenses incurred by Photographer before arrival on location. Any additional travel expenses incurred will be included in Customer's Final Invoice and must be fully paid upon content delivery.
Total Mileage Estimate:
Total Miles outside 30mi Limit:
$XXX.00 USD
Total Travel Time Estimate:
Total Hours outside 30mi Limit:
$XXX.00 USD
Total Per-Diem Estimate:
$XXX.00 USD
Total Misc. Travel Expenses Estimate:
$XXX.00 USD
PRODUCTION GEAR & EQUIPMENT RENTAL FEES
All equipment is included in the specified Multimedia Production Service Rate stipulated above.
Additional Rental Fees may apply for further customized multimedia content production that exceeds standard production quality criteria. Additional Rental Fees apply for productions on which Photographer is hired in an “Associate Field Producer” capacity, but also requested to capture multimedia content during production.
EXAMPLE: Customer requests an interview of business owner & staff that can easily be captured using natural lighting, but Customer requests that the footage be "professionally lit." Dan Smarg Photography reserves the right to estimate and include additional equipment rental fees for a custom lighting package subject to approval prior to services deposit submission.
Gear Rates: Photographer's Equipment Rental Rates shall be presented to Customer prior to submitting the deposit. All other equipment rental rates are subject to third-party pricing and subject to availability. All rental rates / estimates shall be approved by Customer prior to submitting Deposit.
View > Gear Rental Rates
Total Equipment Rental Estimate:
$XXX.00 USD
PRE-PRODUCTION | IDEATION | ADDITIONAL CREW | PRIOR-TO-SERVICE FEES
In addition to the Service Deposit Fee and Multimedia Content Production Creative Fees, Customer hereby agrees to fully compensate Photographer for all Sub-Contractor or Third-Party Crew Booking or Prior-To-Service Fees (such as Content Pre-Production Producing, Location Management Services, Talent Acquisition, Legal Documentation Procedures etc.), prior to the Shoot Date.
Ideation | Concept Design consists of market research, media comps analysis, trending media posts review, and multimedia content conceptualization. These services are billed on an hourly basis per Montana Minimum Wage: $9.95
If no such fees are incurred, Customer is not required to cover any other Pre-Production | Ideation Costs.
If any Pre-Production costs are incurred after the signing of this Services Agreement, but prior to the Shoot Date, Photographer agrees to fully document those costs and submit them as individual line items in the Final Invoice to Customer prior to Content Delivery. Customer is required to pay any such costs related to the direct production of Multimedia Content under this Services Agreement prior to final Content Delivery.
Estimated Pre-Production Fees:
$XXX.00 USD
POST-PRODUCTION IMAGE RETOUCHING & MULTIMEDIA CONTENT EDITING FEES
All RAW Multimedia Content is included in Multimedia Content Service Fees and shall be delivered upon Customer request.
Unless otherwise stipulated via a Customized Multimedia Content Production Service Package that includes Post-Production in the content deliverables, NO post-production services are hereby offered nor implied.
If Customer requires Post-Production Services, they are encouraged to do so prior to Multimedia Content Production so a nominal “bone fides” fee of intent can be secured along with the Production Deposit. This fee is paid in full prior to Multimedia Content Production because Photographer will spend a nominal number of hours preparing photographic images or video footage for the editing process. This includes, but is not limited to: Media Uploading, Processing, Content Selection, and Rendering Time.
An initial estimate will be provided prior to production, but final Post-Production Times may vary and are subject to variables such as Customer review and standard editing processes.
Image Retouching or Multimedia Content Editing Fees are listed on the Services / Payments web-page. Initial estimates are presented to Customer prior to Multimedia Content Production. All Editing Fees are subject to change and shall be presented to Customer via Final Invoice and must be fully paid upon Content Delivery.
Estimated Post-Production Fees:
$XXX.00 USD
BALANCE DUE TO SECURE BOOKING | CONTENT DELIVERY & LATE PAYMENT FEES
Total Balance Due To Secure Booking:
$XXX.00 USD
Multimedia Content Production Deposit Fee, All Pre-Production Costs + Post-Production Bone Fides Fee
Total Estimated Balance Due Upon Content Delivery:
$XXX.00 USD
All Remaining Creative Fees + Commercial Licensing Fees + Any Additional Pre-Production Costs + Post-Production Costs
Fees & Costs may vary depending on Customer requests or unforeseen production variables. All changes must be made in writing prior to Shoot Date and submitted as line items on Final Invoice prior to Final Content Delivery.
Payment Schedule: All Deposits must be made prior to Multimedia Production. All Final Balances due must be made prior to content delivery and no later than the stipulated time below.
GRAND TOTAL ESTIMATED SERVICES COST:
$XXX.00 USD
Estimated Total of All Creative Fees + Pre & Post Production Fees + Applicable Commercial Licensing Fees
*Final Cost To-Be-Determined & Invoiced at Content Delivery
The Total Estimated Services Cost ( Sum Total of: Creative Fee + Pre & Post Production Fees + Applicable Commercial Licensing Fees etc.) is stated above and shall not be altered unless additional services are requested or rendered. In such a case, an Addendum Services Agreement will be submitted to Customer for written approval prior to Shoot Date or final Content Delivery.
Customer agrees to pay the total value of all Services rendered: Total Estimated Services Cost ( Sum Total of: Creative Fee + Pre-Production Fees + Applicable Commercial Licensing Fees ). All outstanding balances due upon delivery. Once notification of pending final content delivery is made in writing by Photographer, Customer has five (5) business days to complete total payment without penalty. A 10% Late-Fee for all Services rendered will be assessed for each additional day any outstanding balances are not paid.
MULTIMEDIA CONTENT PRODUCTION
PERFORMANCE OF SERVICES & CONTENT DELIVERABLES
Photographer agrees to complete the production of Customer’s Multimedia Content in a timely and professional manner as well as provide Customer with the following unless otherwise stipulated…
Customer agrees to pay Dan Smarg Photography the full balance due for individual projects / productions via check or electronic ACH transfer upon Content Delivery. In the case of an ongoing month-to-month Service Agreement, the full monthly balance is due at the end of every 30-Day Period in order to maintain the Service Agreement weather multimedia content is produced or not within that period. This is intended as an “In Good Faith” payment to be rendered as compensation for ongoing multimedia strategy, preparation for pre, location-based or post production services rendered or intended to be rendered at a future date.
DAN SMARG PHOTOGRAPHY (Dan Smarg) agrees to personally perform or sub-contract or, if deemed necessary and approved by Customer, refer one of its professional affiliate Digital Content Producers (hereby also referred to as “Photographer”) to capture premium quality digital photographs/digital content as per Customer's stated and purchased requests (listed above), allowing for independent artistic expression and professional discretion to achieve Customer’s commercial or curated content objectives.
Photographer agrees to meet Customer’s needs for any and all personal, private or commercial-use campaigns that may be used in any digital format on the web or in physical format in print.
Content Capture Means: Photographer will use professional digital content capture skills and equipment as well as post-production management knowledge to produce exceptional quality multimedia content for Customer.
Rental Equipment | Additional Crew: Any specialized equipment or additional crew members required to reasonably and professionally capture Customer’s desired content may be rented or retained at the Customer’s request and in the legal name of the Customer or Company. Photographer may assist in crew hiring or rental equipment reservations, pick-up or drop-off, however, Customer is solely responsible for any additional costs for crew or rental equipment etc.
Preview Content & Total Content Deliverables: If requested, Photographer will provide Customer with an optional maximum upload of three [3] RAW preview images or screen-grabs from RAW video content immediately upon capture for promotional-use. Customer will receive the top 5% of RAW selects of the total photos captured (Example: 50/1000 Images) or a specific video with a duration clearly stipulated in this Services Agreement via secure FTP server link within one [1] to twenty [20] Business Days of the scheduled photo shoot depending on total Photo or Digital Video Mastering / Editing required. Rush Delivery Services and Rush Fees may apply. More images / digital content may be requested by Customer if desired. Final Deliverables are stated above under the “Services Provided” section above or “Custom Services” section below. Any additional requests subject to Photographer approval given timing considerations.
Additional Creative Stipulations / Content Requests or “Custom Services” such as Rush Delivery Services: Any additional creative stipulations or content capture requests by Customer must be provided in writing a minimum of three (3) business days prior to Shoot Date to allow for any additional pre-production, rental service or other arrangements to be efficiently executed per Customer’s specifications. Any “last minute” changes or requests by Customer will be considered and executed to the best of Photographer’s ability, but no guarantees are hereby made. In Layman’s Terms: “We’ll do our best to get you the best content we can within your production’s scope and budget / time restrictions!”
Final Content Delivery: Customer must clearly stipulate the final form, volume and length of the Multimedia Content to be produced a minimum of three (3) business days prior to Shoot Date to allow for sufficient Pre-Production. This allows Photographer to properly determine total Creative Fee. Any changes made to Multimedia Content outlines after the signing of this Services Agreement must be made in writing and an Addendum to this agreement issued and signed a minimum of three (3) business days prior to Shoot Date.
NON-Exclusive Commercial Content Use: All NON-Exclusive Commercial Licensing for content-use is hereby included in all multimedia forms in-perpetuity unless otherwise stipulated and agreed upon under the Dan Smarg Photography Commercial Licensing Agreement. If no Commercial Licensing Agreement is signed in addition to this Service Agreement, the NON-EXCLUSIVE commercial-use of any and all content produced in execution of this Services Agreement is hereby implied and therefore granted. However, if Customer intends to use the content captured for “continued profit” (eCommerce Products, Ongoing Services etc.) or commercial promotion in local, regional or national distribution, all commercial content-use must be discussed and stipulated in writing via a Commercial Licensing Agreement (CLA). That CLA must be signed a minimum of three (3) business days prior to Shoot Date. If a CLA is mandated, Customer will be asked to review and complete a Commercial Content Licensing “Media Permissions” Form here: Commercial Licensing Explained The CLA is intended as a supplemental corollary agreement to this Service Agreement. As such, all licensing arrangements agreed upon within the context and constraints of that CLA supersede the “Non-Exclusive Content-Use” implied and granted by this Service Agreement alone. Note: Licensing may seem “overly complicated,” but Photographer will make the use of your multimedia content within the context of your stated use very simple to understand. If you have any licensing questions, please don’t hesitate to ask!
All EXCLUSIVE Rights to Multimedia Content retained by Photographer in-perpetuity in accordance with U.S. Copyright Law unless otherwise stipulated or contractually released.
MULTIMEDIA & PROMOTIONAL SERVICES COLLABORATIONS
Multimedia & Promotional Services Collaborations may take several forms, either provided to Customer / Collaborator / Legal Entity by Dan Smarg Photography or rendered by the aforementioned to Dan Smarg Photography in another form. Collaborations and Promotions may also include, but are not not limited to, Multimedia Production, on-site live or digital Service such as a “Live Experience,” Photography Tour / Photo Shoot, Master Class Instructional, Real Estate Promotion etc.
“In-Good-Faith” Reciprocity: Both parties hereby agree to act in each others’ benefit for the financial gain and promotion of each others’ separate business entity. Therefore, for the purposes of this Services Agreement, Dan Smarg Photography will conduct business professionally and to its full capability “in-good-faith” with any and all Collaborators as if they are Direct-Booking (paying) Customers or Legal Entities. Likewise, Customer, Collaborator or Legal Entity agrees to do the same.
In each individual case of Collaboration or direct referral for services, Total Collaboration Commission Fee(s) shall be determined verbally then, clearly outlined within this Services Agreement prior to engaging into in any active or ongoing Collaboration for Commission Fees. These Collaboration Fees will be a part of the this overall “Services Agreement” with a few specific stipulations:
Multimedia or Direct Referral “Services Rendered:” For the benefit of the voluntary Collaboration of both parties within the terms of this Agreement, any and all Multimedia or Direct-Referrals that result in monetary gain of any shape or form, via direct payment or otherwise, are hereby considered to be “Services Rendered” to the other party. Therefore, both parties agree to fairly and fully compensate each other via “Commission Fee” (stated above based on a nominal percentage value of the total Services Rendered). These services include Multimedia Services or “Short-Term Rental Services” or any other form of promotional or “booking” based services.
Defined Direct-Referral Services Rendered: If either party “refers business” either directly via verbal, phone or digital means to the other party and that referral results in monetary gain, the beneficiary of that income hereby agrees to fairly and fully compensate the referring party according to the terms of the this Agreement.
Defined Direct-Booking Services Rendered: During the course of an ongoing Collaboration, Customer, Collaborator or Legal Entity may determine it wants Dan Smarg Photography to perform specific Multimedia Content Production Services. Those services and multimedia shall be provided under a separate Services Agreement that clealry stipulates the terms of that separate Agreement. Under no circumstances will either party imply or otherwise “Engage” the services of the other without first entering into a Direct-Booking Services Agreement.
Free-Market | Third-Party Referral Origin: Some referrals generated or procured by either party may originate from a third-party legal entity or individual. Both parties hereby represent that they themselves are fully independent legal business entities and are within their rights to operate as autonomous businesses. Therefore, any referral that may or may not “come from” a third-party source is not attributable nor credited to that source. This Agreement is solely between the signatories of this digital document and does not imply or involve any third-party affiliation regardless of origin or incorporation status. Both parties further acknowledge that they do not represent a third-party entity that is not listed or signed in this Agreement. All referrals and business conducted between parties in this Agreement is 100% voluntary within the laws of the United States’ free-market economy.
Voluntary Collaboration for “Financial Gain:” Both parties voluntarily agree to financially gain from the direct-referrals or direct-bookings that result in accordance with the terms set forth in this Agreement. It is neither implied nor granted that either party shall “unilaterally benefit” from the active promotional efforts of the other party; specifically that both parties shall benefit “equally” in an ongoing, good-faith capacity for the full term of this Agreement.
Commissions to be Paid to Customer, Collaborator, Legal Business Entity: For all “Collaborative Referrals & Services” rendered, legal “consideration” to validate this Agreement in the form of monetary or multimedia compensation (or combination thereof) must be provided and submitted according to the timelines in this Agreement. Unless specifically waived or forfeited, all forms of compensation must fully documented: Any ACH Bank Transaction or Third-Party Transfer (Paypal, Venmo, Zelle etc) or cash/check payment must be sufficiently invoiced and considered as “Business Income” for both parties’ financial records and tax statements.
If Customer, Collaborator, Legal Business Entity facilitates or directly enables Multimedia Production Services, Live Media-based “Experiences,” or any other kind of Services such as services involving multimedia production for proprietary, commercial or professional promotion, physical product placements or advertisement with Social Media Influencers, local businesses etc. as a result of efforts made to specifically drive sales to Dan Smarg Photography, it is hereby agreed upon that Commission Fees will be paid by Dan Smarg Photography to Customer, Collaborator, Legal Business Entity in good faith.
Commissions to be paid to Dan Smarg Photography: For all “Collaborative Referrals & Services” rendered, legal “consideration” to validate this Agreement in the form of monetary or multimedia compensation (or combination thereof) must be provided and submitted according to the timelines in this Agreement. Unless specifically waived or forfeited, all forms of compensation must fully documented: Any ACH Bank Transaction or Third-Party Transfer (Paypal, Venmo, Zelle etc) or cash/check payment must be sufficiently invoiced and considered as “Business Income” for both parties’ financial records and tax statements.
If Dan Smarg Photography facilitates or directly enables Multimedia Production Services, Live Media-based “Experiences,” or any other kind of Services such as location or business promotion, short-terms rentals, product placements with Social Media Influencers, local businesses etc. as a result of efforts made to specifically drive sales to Customer’s, Collaborator’s, Legal Entity’s Business, it is hereby agreed upon that Commission Fees will be paid by Customer, Collaborator, Legal Business Entity to Dan Smarg Photography in good faith.
Payment on a “Per-Case” / Individual Collaboration Date Basis: Although all “Collaborations” are ongoing until voluntarily terminated by either party, both parties agree to compensate one another accordingly on a case-by-case basis. Specifically, for each date Services are rendered by either party, both parties agree to issue invoices to be paid.
Invoices & Financial Records: As such, both parties agree to keep and provide detailed Invoices and Financial Records for all Services Rendered or Direct-Referrals made. The beneficiary/recipient/Payee of each Commission shall submit an invoice to the Initiating Party for approval. Upon approval, payment (Commission) shall be rendered.
Payment Terms: Commission Payments shall be submitted and paid by both parties in a “timely basis,” but no longer than ten (10) business days after Invoice is jointly approved. If, for any reason, both parties do not jointly approve the submitted invoice, each party agrees to correct or rectify any discrepancy with the utmost expediency so that the invoice can be paid within the initial ten-day payment period. If more time is needed, both parties agree to expedite the documentation and payment process by all means necessary to ensure the most timely payment reasonably possible.
Payment Defaults: Collaborations are jointly agreed-upon by both parties. Therefore, Payment Defaults should not occur because both parties agree to operate in a professional capacity to actively promote the ongoing business operations or services of the collaborator. However, should a Payment Default (aka “NON-payment”) occur, this Services (Collaboration) Agreement is subject to immediate termination and Legal reprisal for “Services Rendered” in the State of Montana.
No Guarantee of Services or Commissions Leads: It is understood by both parties that neither Services nor Commissions are implied nor guaranteed under the terms of this Agreement. All efforts will be made, however both parties agree that all referrals for the procurement of business opportunities, “qualified leads”, sales calls, correspondence, etc are all entirely based on this voluntary engagement - they are neither required in volume nor specific timeline. Neither Dan Smarg Photography nor Customer, Collaborator, Legal Business Entity may expect or request any direct-referrals or commissions fees for any other purposes aside from mutually documented sales secured by both parties.
Lead Generation & Notice In-Writing: In good faith, both parties agree to properly notify each other when a sales lead or Direct-Referral is generated and when a sale is secured as a result of that notification.
Financial Records & Bookkeeping: Both parties agree to operate under separate (NON-joint) entity status. Both are responsible for securing and recording all necessary financial documentation or third-party services for their own businesses. However, for legal and tax records, both parties also agree to share all bookkeeping spreadsheets or files at least thirty (30) days prior to any quarterly or annual tax filing deadlines. In good faith, each party will submit those documents or spreadsheets to the other party on a voluntary basis without the need for prior request. Upon request, both parties agree to furnish any documentation as soon as possible to facilitate the Collaborator’s financial filing requirements.
Tax Form 1099-NEC: Due to the independent, voluntary nature of Multimedia Collaborations and the variable amounts paid by either party for Services rendered or Direct-Referrals, both parties agree to provide a completed Form 1099-NEC for “Non-Employee” (aka Subcontractor) compensation for any and all amounts exceeding $600 per annum. Both Parties are responsible for properly documenting and filing their own business State and Federal Tax Forms on a timely basis.
Multimedia Content Collaboration & Authorship: Both parties to this Agreement agree to openly and actively collaborate in making Multimedia Content beneficial to both parties, businesses - referred to in this Agreement collectively as "the Work." Both parties shall also fully and completely cooperate with regard to the promotion and exploitation of the Work and all ancillary, subsidiary, related and allied rights (the "Ancillary Rights")
Exclusive Multimedia Rights: As the original creator entity of the the Multimedia Content, Dan Smarg Photography shall retain 100% Exclusive Multimedia Rights In-Perpetuity unless otherwise released or fully or partially licensed to a Third-Party Entity of his/its choosing. In good faith for the ongoing benefit of promoting both parties’ business interests, sales leads etc, Dan Smarg Photography hereby grants Customer, Collaborator, Legal Entity the right to use any and all Multimedia provided at its discretion for as long as this Agreement remains valid. If Dan Smarg Photography determines that the Customer, Collaborator or Legal Entity is commercially profiting beyond the “reasonable” expectations of this Collaboration Agreement, it may terminate this Agreement at any time and immediately request the Customer, Collaborator, Legal Entity to purchase ongoing commercial-use rights as determined by its Standard Commercial-Use Rights Agreement or to cease featuring any and all Multimedia on all platforms, digital, print or social media. “Reasonable Expectations” for commercial profit are hereby defined as an “In-Good-Faith” volume with the knowledge that Dan Smarg Photography only secures payment by the rendering, production or licensing of its services and multimedia content while the Customer, Collaborator or Legal Entity may potentially use said Multimedia to unilaterally benefit without reciprocity. In addition, it is also mutually acknowledged that Dan Smarg Photography normally charges Customers / Businesses in an ongoing monthly capacity for the limited commercial use of all Multimedia Content produced under this Service Agreement. However, within this “Collaboration” clause, said commercial-use licensing is temporarily waived as a courtesy for all media provided “free-of-charge” to the Customer, Collaborator, Legal Entity. This gesture is in good faith for the joint benefit of the parties named and solely of its own revokable volition. Furthermore, Customer, Collaborator or Legal Entity may not “demand” the use of any multimedia content produced on, in or around their place of business. Dan Smarg Photography will, in-good-faith, provide all multimedia on an ad-hoc, voluntary basis. As a result, under the specific terms set forth within the context of this “Multimedia & Promotional Services Collaborations” Clause, both parties are freely authorized to “use” the multimedia created or submitted by Dan Smarg Photography for commercial or promotional purposes such that said use shall result in further ongoing direct-referrals or direct-bookings (financial gain) for both parties.
Property & Appearance Releases: As further stipulated under the later terms outlined in this Agreement, Customer, Collaborator, Legal Entity agrees to adhere to all standard terms outlined in the Property & Appearance Releases required of all Customers - paying or otherwise “Collaborating.” Any and all Appearance or Property Releases submitted by Customer, Collaborator or Legal Entity are hereby considered to be an irrevocably intrinsic facet of this Agreement.
Third-Party Licensing Notifications: Each party agrees to keep the other fully apprised of all matters regarding the exploitation of the Multimedia Work and the Ancillary Rights issuance/usage, including but not limited to, offers, negotiations, and communications from interested third parties regarding the purchase, license or “lease” of production rights in the Multimedia Work. As Exclusive Rights Holder of all Multimedia, Dan Smarg Photography agrees to provide consideration to Customer, Collaborator, Legal Entity should such consideration result in significant financial gain. In layman’s terms, Dan Smarg Photography isn’t going to license media created on-location to Coke to use in their next national ad campaign with no monetary compensation to the property owner!
Party Responsibilities: Both parties shall perform and fulfill, promptly, actively and on-time, all of its obligations under the Agreement. Each party will contribute to the efficient flow of information and access to relevant data according to the agreed access rights and confidentiality to ensure the efficient execution of this Agreement. Each part shall inform other parties in the project of relevant communications it receives from third parties in relation to the project.
Term & Termination of “Multimedia & Service Collaborations: This Agreement shall come into force as of the date of its signature by the parties. This Agreement will remain in effect throughout the term of the copyright and any extensions of the copyright in the Multimedia Work. If either Party wishes to terminate this Agreement, they must do so and receive a counter-signed intent-to-terminate acknowledgement from the other party prior to final termination. If either party dies during the term of this Agreement, the surviving party will have the exclusive right to act in all respects as though the survivor were the sole author; provided, however, that the name of the deceased party will continue to appear in all credits as specified in the section of this Agreement entitled "Authorship Credit," and the decedent's estate will be entitled to receive all monies and documents that the decedent, had the decedent lived, would have been entitled to receive under this Agreement.
Miscellaneous Defaults: Any default by either party under this Agreement, including but not limited to, a breach of obligations and covenants, a failure to accord or adhere to processing, publishing or other schedules, a failure to exploit, unauthorized exploitation, or an unauthorized assignment or sublicense ("Event of Default"), shall give the non-breaching party the right to demand in writing that the breaching party cure the Event of Default within ten (10) working days, after which time the NON-breaching party shall have the right to immediately terminate this Agreement if such default is not cured. If a breach occurs after acceptance of the final draft of the manuscript for the Work or after the licensing of an Ancillary Right in which the copyright is co-owned, the breaching party shall nonetheless fulfill his or her obligations outlined within this Agreement.
SERVICES PRICING | PRODUCTION COSTS
Pricing on all Services is based on minimum production costs and may include a minimum Deposit for booking/scheduling. Unless otherwise requested or invoiced, Customer is responsible for compensating Photographer for all Services rendered to execute this Services Agreement regardless of any “posted” or “listed pricing” online or otherwise. Therefore, it is the responsibility of the Photographer to discuss all Production parameters with Customer prior to signing this Services Agreement and to clearly stipulate any additional fees for Services hereby rendered prior to signing.
Ancillary production costs (Example: Special Locations, Props, Talent, Vehicles etc.), and miscellaneous considerations or applicable fees with relation to the photoshoot/content creation must be paid in full by Customer.
All Services purchased online will be applied as an equal value credit to Customer’s final billing statement. Final Service Fees may vary depending on optional considerations such as Stylist, Hair/Make-Up, Catering, Equipment Rental, Transportation, Location Insurance Fees etc.
Upon initial consultation, Photographer and/or Customer will provide this Services Agreement and an itemized invoice including all additional production considerations pending mutual approval a minimum of three (3) business days prior to Shoot Date.
Upon Customer’s payment of deposit and signed approval of this Services Agreement, this Agreement and any additional costs related to the production will be binding.
ADDITIONAL PRODUCTION COSTS
All Services pricing given verbally or listed online are based on minimum or estimated production costs. However, all Productions are entirely subjective and therefore subject to additional creative fees.
Final or Additional Service Fees may vary depending on optional considerations such as additional Crew, Stylist, Hair/Make-Up, Catering, Equipment Rental, Transportation, Location Insurance Fees etc. Photographer specializes in custom-content creation and brand engagement technology, but may provide additional production needs as requested. All Services must be mutually agreed upon a minimum of three (3) business days prior to Shoot Date.
Upon initial consultation, Photographer will determine what Customer’s content creation needs are then provide an addendum to this Services Agreement if any creative aspects evolve or substantially change. In such cases, a comprehensive itemized invoice will be submitted including all Additional Production Considerations pending Customer’s approval before Shoot Date is scheduled.
ADULT & MINOR APPEARANCE | PROPERTY LIABILITY RELEASES
All legal Adults over the age of 18, Minors under the age of 18 and Property(ies) involved in the Production and execution of this Services Agreement must be fully released of liability a minimum of three (3) business days prior to Shoot Date.
Each party involved or responsible for the release of the property must sign a liability release upon the execution of this Services Agreement:
Release Links
PRODUCTION & GENERAL LIABILITY INSURANCE
Photographer represents that he/she is fully commercially insured to perform any and all creative services rendered to execute this Services Agreement. Customer also agrees that the Production is insured under a General Commercial Liability Policy and shall NOT hold Photographer responsible for any loss or damages to any persons or property involved.
Any additional insurance required for the Production must be stipulated in writing as a special Addendum Clause in this Services Agreement. Customer is responsible for and agrees to pay for all additional Production Liability Insurance.
PHOTOGRAPHER’S PROFESSIONAL CREATIVE RESPONSIBILITY
Photographer agrees to photograph Customer or Customer’s Products and/or desired Subjects according to Customer’s creative stipulations within reasonable consideration of the described Photo Services.
Photographer also agrees to capture all content to the best of his or her ability within the prescribed time allotted. If the shoot extends beyond said time allotment, Photographer must endeavor to complete the shoot as quickly as possible to achieve Customer’s complete satisfaction as soon as possible.
TIME ALLOTTED & OVERTIME FEES
In the interest of all parties to expedite production and keep overall costs to a minimum, Photo / Content Services are offered with a projected time limit. Please bear in mind that this time limit (Example: “Half Day Shoot” Rate) is intended as an initial guideline for budget purposes and is based on the Photographer’s years of professional production experience. All timelines are designed to maximize Content Deliverables, but also maintain a strict adherence to Customer budget. However, production timelines are subject to change with the following considerations and stipulations:
Both the Customer and Photographer are requested to adhere to the initially agreed-upon time limitations. Example: Photographer agrees to adhere to a “Half-Day Shoot Schedule” and not extend to a Full-Day unless previously agreed upon by Customer. And Customer agrees not to “expect” Photographer to render additional services or offer extended production times without proper consideration or monetary compensation. Therefore, if it is determined by both parties that additional time is needed to complete the shoot, Customer and Photographer may mutually decide to continue via verbal or via written (email etc.) stipulations. In other words, we will get you everything you need and are happy to go the extra mile, but please be considerate of the time and resources required to produce exceptional content!
If Customer determines more time is necessary, Photographer will maintain an accurate record of what additional time is used to complete the shoot. Both parties must respectfully acknowledge that a significant period (over an hour) of additional time required to complete a shoot implies that the Customer will pay an extra fee of 20% the initial value of the initial Creative Fee (stated above) per additional hour in production. (Example: $100 per hour of over-time on a $500 Creative Fee for a Half-Day Shoot)
FINAL CONTENT DELIVERABLES & ADDITIONAL POST-PRODUCTION PROCESSING
Included with Creative Fee, Photographer agrees to submit every fully mastered image or fully edited video Customer specifically requests via this Services Agreement. Therefore, all Post-Production required to deliver Customer’s content must also be discussed and agreed upon in this Services Agreement prior to Shoot Date. Any and all additional Post-Production Services rendered are subject to the “Time Allotted & Overtime Fees” clause pending approval by both parties. Generally speaking, all Post-Production and multimedia processing for premium quality standards is included with the original Creative Fee.
However, if Customer requires additional “improvements” to Multimedia Content, any additional time or resources to achieve premium quality results are subject to invoicing and Customer approval prior to execution by Photographer. (Example: Customer asked for a 30-Second 4K Video edit of a commercial, but decides a 3-Minute Promo is a better way to market. Adding 2.5 minutes to the final edit will require Additional Post-Production Processing Services.)
All additional photos/content (I.E. anything not specifically stipulated in this agreement such as RAW images or RAW video files) are, by default, provided to Customer upon request, in 100% RAW (unedited) form. If additional content is requested, Customer may book additional mastering services. Pro-Rated fees may apply. Please inquire at the time of your request and Photographer will accommodate your needs within yourproposed budget.
SERVICES WARRANTY
DAN SMARG PHOTOGRAPHY (Dan Smarg) and Photographer shall endeavor to provide Services and meet its obligations under this Services Agreement in a timely and professional manner, using knowledge and recommendations for performing the Services which meet the highest quality industry standards. In a conscientious and deliberate effort to secure future bookings and direct referral opportunities, Photographer will provide a modicum of care equal to, or exceeding, content quality offered by similar regional service providers.
SATISFACTION GUARANTEE
Customer satisfaction is Photographer’s top priority while producing RAW (unedited) multimedia content.
If for some reasonable and professional reason, Customer is NOT satisfied with the Photographer’s craftsmanship, images or content creation ability, Customer may request a re-shoot in lieu of a full or partial refund. However, Photographer reserves the right to consider and investigate all claims for re-shoots and refunds, but is only contractually obligated to execute re-shoots or issue refunds at his or her own professional discretion.
In every case, DAN SMARG PHOTOGRAPHY (Dan Smarg) and/or Photographer shall endeavor to propose the best alternative options before issuing a full refund for quality considerations. Customer agrees to thoroughly and reasonably consider all Satisfaction Guarantee alternatives and to agree to pursue the most reasonable course of action to achieve the desired creative results prior to simply demanding a full refund.
Therefore, it is incumbent upon the Customer and the Photographer to coordinate their creative and Production efforts to produce the highest quality content possible. Photographer is experienced to work in close conjunction with Customer to achieve the best creative results. Similarly, the Customer must provide clear direction and make suggestions, including creative collateral or comps, about the quality of the content prior to or during the photoshoot/content creation process.
As a result, no refund requests should come as a “surprise” to either the Photographer or Customer. Thank you for your understanding. We’re doing great work here, people!
CONTENT REVISIONS
Photographer agrees to provide Customer with premium quality, fully edited (aka “Mastered”) content.
However, if Customer is NOT satisfied with the results, as a professional courtesy, Photographer is hereby required to provide one (1) round of “reasonable revisions.” This includes, but is not limited to, any revisions that are required to reasonably satisfy Customer’s creative objectives. If Customer requests further changes that exceed “reasonable” revision or enter into a whole new scope of post-production, Photographer may request Customer to purchase additional “Photo Mastering or Video Editing Services” on a pro-rated or hourly basis.
Fees may vary depending on Customer request.
RELATIONSHIP OF PARTIES
It is understood by the Customer the Photographer is an independent contractor and not the Customer’s employee. No further employment, legal responsibilities, contracts, personal or financial liabilities are hereby assigned or implied.
LIMITS OF LIABILITY
With the execution of this Services Agreement and by purchasing Photographer’s Services, Customer hereby acknowledges that neither DAN SMARG PHOTOGRAPHY (Dan Smarg) nor the Photographer shall be held liable for any property damage or injuries to persons that may occur with relation to the Production.
All limits of Liability are the sole responsibility of each individual involved in the Production of content and execution of this Services Agreement. Furthermore, all liability is hereby implied and therefore released pending Customer’s submission of his or her Model and/or Property Releases. All Addendum Releases shall be submitted as corollary agreements to this Services Agreement and no later than three (3) business days prior to Shoot Date.
MATERIAL BREACH | DEFAULTS
The occurrence of any of the following shall constitute a material default under this Contract:
The failure to make a required payment when due.
The legally documented insolvency or declaration of bankruptcy of either party.
The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
The failure to make available or deliver the Services in the time and manner provided for in this Services Agreement.
FORCE MAJEURE
If performance of this Service Agreement or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event.
The term Force Majeure shall include, without limitation, Acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures.
The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
NO JOINT VENTURE
This Agreement shall not be construed to place the parties in the relationship of partners or joint venturers nor constitute any party the agent of any other party, and neither party shall have the power to obligate or bind the other party in any manner whatsoever.
Reservation of Rights: Any rights not expressly granted by a party to this Agreement are reserved to that party. Without limiting the foregoing, nothing in this Agreement shall be construed to prevent the parties from creating a work not involving…
Additional Documents: Each member must execute all additional documents and take all actions as are reasonably requested by the other members in order to complete or confirm the transactions contemplated by this Agreement.
Successors and Assigns: This Agreement shall be binding upon the parties' heirs, assigns, successors-in-interest, executors, administrators, and any other persons or entities acquiring an interest through transfer, conveyance, succession, or inheritance, as may be permitted herein.
SERVICE AGREEMENT TERMINATION & SEVERABILITY
Each party agrees to execute all parameters of this agreement in good faith.
If any provision of this Services Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
TERM
DAN SMARG PHOTOGRAPHY (Dan Smarg), Customer and Photographer agree that this Services Agreements shall commence on the date of submission and it shall be valid in-perpetuity unless or until mutually terminated by both Parties.
This Services Agreement may be extended and/or renewed by additional or supplemental Addendum Agreements of all parties memorialized in a subsequent amendment. This Services Agreement is hereby made effective as of its completion and submission date (the "Effective Date"), by and between Customer, Photographer and DAN SMARG PHOTOGRAPHY (Dan Smarg).
ADDENDUMS & AMENDMENTS
This Services Agreement may be modified or amended in writing, if the writing is signed by all parties obligated under the addendum or amendment.
GOVERNING LAW
This Services Agreement shall be governed by the laws of the State of Montana.
SIGNATORIES
This Services Agreement is effective as of the date first written above and, by its digital completion and submission via https://www.dansmargphotography.com Form Submission protocols, shall be accepted and agreed upon by DAN SMARG PHOTOGRAPHY (Dan Smarg) by its Founder, Dan Smarg.
CUSTOMER DIGITAL SIGNATURE & SUBMISSION
***If you agree to the terms stipulated by this Services Agreement, please complete the form below and digitally "sign" this Service Agreement by submitting it.***