The Brand Photography Contract serves as a crucial legal document for professional photography services in Indonesia, designed to protect both the photographer's and client's interests in commercial photography projects. This agreement is essential when businesses require professional photography for their brand assets, marketing materials, or corporate communications. The contract adheres to Indonesian legal framework, particularly Law No. 28 of 2014 on Copyright and the Indonesian Civil Code (KUHPerdata), ensuring proper handling of intellectual property rights, service terms, and commercial obligations. It's specifically structured to address the unique aspects of brand photography, including usage rights, shoot specifications, delivery requirements, and payment terms, while incorporating local business practices and regulatory requirements. The document is particularly relevant for businesses seeking to establish or refresh their brand imagery through professional photography services.
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1. Parties: Identifies the photographer and the client, including their legal names, addresses, and business registration details
2. Background: Outlines the context of the agreement, including the client's need for brand photography services and the photographer's qualifications
3. Definitions: Defines key terms used throughout the contract including 'Brand Photography', 'Deliverables', 'Usage Rights', etc.
4. Scope of Services: Details the specific photography services to be provided, including number of shots, style, themes, and specific requirements
5. Shoot Details: Specifies dates, times, locations, and duration of the photography session(s)
6. Deliverables: Lists the final products to be delivered, including number of photos, format, resolution, and delivery method
7. Payment Terms: Specifies the total fee, payment schedule, deposit requirements, and payment methods
8. Copyright and Usage Rights: Details the ownership of images and licensed usage rights granted to the client
9. Timeline: Outlines the project schedule including shooting, editing, delivery of proofs, and final images
10. Obligations of Parties: Lists responsibilities of both photographer and client before, during, and after the shoot
11. Cancellation and Rescheduling: States policies and procedures for cancellation or rescheduling of shoots
12. Confidentiality: Addresses the handling of confidential information related to the client's brand and business
13. Termination: Specifies conditions under which either party may terminate the agreement
14. Governing Law: Confirms Indonesian law as governing law and specifies jurisdiction for disputes
1. Model Releases: Required when the shoot involves models or identifiable individuals, outlining their rights and permissions
2. Property Releases: Needed when shooting at private locations or featuring specific properties requiring permission
3. International Usage: Include when photos will be used in multiple countries, addressing international rights and restrictions
4. Social Media Rights: Specific terms for social media usage, including platform-specific requirements and restrictions
5. Agency Rights: Required when working with or through an agency, defining agency roles and rights
6. Equipment Insurance: Details about insurance coverage for equipment when shooting in high-risk locations or conditions
7. Creative Team Credits: Required when additional creative professionals are involved, specifying credit requirements
8. Rush Delivery Terms: Include when expedited delivery options may be needed, specifying additional costs and timeframes
1. Schedule A - Shot List: Detailed list of required photographs, including specific poses, compositions, or brand elements to be featured
2. Schedule B - Technical Specifications: Detailed technical requirements for the final images, including file formats, resolution, and color specifications
3. Schedule C - Payment Schedule: Breakdown of payment installments, timing, and associated deliverables
4. Schedule D - Location Details: Specific information about shoot locations, including addresses, access requirements, and facility details
5. Appendix 1 - Brand Guidelines: Client's brand guidelines relevant to the photography style and requirements
6. Appendix 2 - Model Release Form Template: Standard model release form to be used for the project
7. Appendix 3 - Property Release Form Template: Standard property release form to be used for the project
8. Appendix 4 - Equipment List: List of photography equipment to be used, ensuring it meets project requirements
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