Photography Retainer Contract Template for Malaysia

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Key Requirements PROMPT example:

Photography Retainer Contract

"I need a Photography Retainer Contract for my e-commerce business that covers bi-weekly product photography sessions starting January 2025, including commercial usage rights for online platforms and social media, with a 48-hour turnaround time for edited images."

Document background
The Photography Retainer Contract is designed for professional photographers and photography businesses operating in Malaysia who provide ongoing services to regular clients. This document is particularly useful for situations requiring consistent photography services over an extended period, such as corporate events, marketing campaigns, or regular product photography. The contract complies with Malaysian legislation, including the Contracts Act 1950 and Copyright Act 1987, while addressing industry-specific needs such as image rights, usage licenses, and service delivery standards. It provides a structured framework for managing the relationship between photographer and client, covering essential aspects like payment terms, service scope, booking procedures, and quality expectations.
Suggested Sections

1. Parties: Identification of the photographer/photography business and the client

2. Background: Context of the agreement and brief overview of the retainer arrangement

3. Definitions: Key terms used throughout the contract including technical photography terms

4. Scope of Services: Detailed description of photography services covered under the retainer

5. Retainer Terms: Structure of the retainer including minimum commitment period and service credits

6. Payment Terms: Retainer fees, payment schedule, and additional charges

7. Booking and Scheduling: Process for scheduling sessions and notice requirements

8. Delivery and Timeline: Timeframes for image delivery and post-processing

9. Copyright and Usage Rights: Ownership of images and licensed usage rights granted to client

10. Client Responsibilities: Client obligations including access, cooperation, and permits if required

11. Confidentiality: Protection of confidential information of both parties

12. Term and Termination: Duration of agreement and termination provisions

13. Limitation of Liability: Liability caps and exclusions

14. General Provisions: Standard boilerplate clauses including governing law and notices

Optional Sections

1. Equipment Insurance: Required when client requests specific insurance coverage for expensive photography equipment

2. Model Releases: Needed when photographs will include identifiable individuals

3. International Usage: Required when images may be used across multiple jurisdictions

4. Social Media Rights: Specific terms for social media usage and crediting

5. Emergency Backup Photographer: Terms for providing backup photographer in case of emergency

6. Studio Usage: Required when studio sessions are part of the retainer

7. Travel Arrangements: Needed when services require travel beyond local area

Suggested Schedules

1. Schedule 1 - Service Specifications: Detailed breakdown of photography services, including types of shoots covered

2. Schedule 2 - Rate Card: Pricing for different types of photography services and additional hours

3. Schedule 3 - Technical Specifications: Image format, resolution, and delivery specifications

4. Schedule 4 - Shot List Template: Template for required shots for each type of session

5. Appendix A - Equipment List: List of primary photography equipment to be used

6. Appendix B - Image Processing Standards: Standards for editing, retouching, and color correction

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Media & Entertainment

Marketing & Advertising

Events & Hospitality

Real Estate

Fashion & Retail

Corporate Services

Wedding & Personal Events

E-commerce

Publishing

Tourism

Relevant Teams

Legal

Marketing

Creative Services

Events

Communications

Brand Management

Content Creation

E-commerce

Procurement

Corporate Communications

Relevant Roles

Professional Photographer

Creative Director

Marketing Manager

Events Manager

Art Director

Brand Manager

Content Manager

E-commerce Manager

Photography Studio Owner

Legal Counsel

Procurement Manager

Communications Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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