Commissioned Photography Services Agreement

1. Definitions

• “Commissioned Work” means all photographs, image files, RAW captures, and associated metadata produced by the Photographer in connection with a specific engagement under a SOW.
• “Deliverables” means the specific edited image files, in the formats and quantities specified in the SOW, delivered to CINERA upon completion of the engagement.
• “Look Book Materials” means film commission look books, trade show display materials, digital promotional packages, and film commission website and social media content produced in connection with the Film Commission Look Book Program.
• “Engagement Fee” means the all-inclusive compensation stated in the SOW for the Photographer’s services, including any day rate and image selection fee, but excluding expenses approved in writing by CINERA in advance.
• “Statement of Work” or “SOW” means a written document executed by both parties setting out the scope, locations, deliverables, timeline, and Engagement Fee for a specific commissioned shoot.

2. Engagement and Scope

2.1 Statement of Work

Each commissioned shoot is governed by a SOW agreed to in writing by both CINERA and the Photographer before the shoot date. The SOW will specify:

• Location categories to be photographed (e.g., industrial sites, ranches, architecture)
• Specific locations or areas, where known in advance
• Shoot date(s) and duration
• Minimum number of edited Deliverables and file format requirements
• Delivery deadline
• Engagement Fee, payment schedule, and any pre-approved expenses
• The participating film commission partner, if applicable
• Credit and attribution treatment

2.2 Independent Contractor

The Photographer is an independent contractor, not an employee, agent, or partner of CINERA. The Photographer is solely responsible for their own tax obligations, equipment, insurance, professional licences, and the safety of their personnel during the shoot. Nothing in this Agreement creates an employment relationship, joint venture, or agency between the parties.

2.3 Pool Budget Structure

Commissioned shoots are funded from a pre-approved photography pool budget established at the outset of each look book series. Individual shoots are initiated as production scheduling requires, without a separate approval process for each shoot, provided the aggregate cost remains within the pool budget. The applicable budget envelope will be communicated to the Photographer at the commencement of each engagement series.

3. Copyright and License

3.1 Retained Copyright

The Photographer retains copyright ownership of all Commissioned Work. This Agreement does not constitute a work-for-hire arrangement and does not transfer copyright to CINERA.

3.2 License Grant

In consideration of the Engagement Fee, the Photographer grants CINERA and its film commission partners a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use the Deliverables for the following purposes:

• Reproduction in Look Book Materials in digital and print form, including unlimited print runs of look books and trade show materials in which the Deliverables are included
• Display on CINERA’s platform, website, and social media channels in connection with platform promotion and Film Commission Look Book Program promotion
• Display on participating film commission websites, social media channels, and digital promotional packages in connection with regional production attraction
• Storage in CINERA’s internal location photography library for future look book production cycles
• Inclusion in location packages shared with verified film and television productions for scouting purposes

This license does not authorize use of the Deliverables in any individual production’s own marketing, advertising, or creative materials. Such use requires a separate written agreement with the Photographer.

3.3 Photographer’s Reserved Rights

The Photographer may continue to use, display, and license the Commissioned Work for their own portfolio, editorial, and commercial purposes, subject to any confidentiality obligations set out in Section 7. The Photographer may not license the Commissioned Work to any competing location management or film commission platform without CINERA’s prior written consent during the term of this Agreement.

3.4 Attribution

CINERA will include a photographer credit in Look Book Materials where the design of the material accommodates a credit and where credit has been agreed in the SOW. The form of credit (name, studio name, or handle) will be confirmed in the SOW.

4. Deliverables and Delivery

4.1 Format and Quantity

Deliverables will be provided in the file formats and minimum quantities specified in the SOW. Unless otherwise specified, Deliverables will be provided as high-resolution edited JPEG files (minimum long-edge 4000px, sRGB colour profile) and, where agreed, as RAW files alongside the edited selects.

4.2 Delivery Method

Deliverables will be uploaded to a CINERA-designated shared storage location or transmitted by another method specified in the SOW. Delivery is considered complete when all files specified in the SOW are accessible to CINERA in the agreed format and at the agreed resolution.

4.3 Revisions

CINERA may request minor post-processing adjustments (colour grading, crop, exposure correction) within fourteen (14) days of delivery. One round of revisions is included in the Engagement Fee. Additional revision rounds may be agreed at an additional fee.

5. Fees and Payment

5.1 Engagement Fee

CINERA will pay the Photographer the Engagement Fee stated in the SOW. Unless otherwise specified in the SOW, payment will be issued within thirty (30) days of CINERA’s acceptance of the Deliverables.

5.2 Expenses

Pre-approved out-of-pocket expenses (travel, accommodation, location access fees) will be reimbursed within thirty (30) days of submission of receipts, provided the expenses were approved in writing by CINERA before they were incurred. CINERA is not obligated to reimburse expenses not approved in advance.

5.3 Taxes

The Photographer is solely responsible for all taxes, source deductions, and statutory remittances applicable to fees received under this Agreement. CINERA will provide applicable tax reporting documentation (T4A or equivalent) where required by law.

5.4 Kill Fee

If CINERA cancels a confirmed shoot with less than seven (7) days’ notice and no fault of the Photographer, CINERA will pay a kill fee equal to fifty percent (50%) of the Engagement Fee stated in the SOW for that shoot.

6. Photographer’s Responsibilities

6.1 Location Access

The Photographer is responsible for confirming that access to each shoot location is lawfully permitted before shooting. Where access to private property is required, CINERA will use reasonable efforts to facilitate introductions through the CINERA platform or film commission contacts, but ultimate responsibility for confirming access rests with the Photographer.

6.2 Property Owner Notification

The Photographer must not photograph private property in a manner that requires owner consent without first obtaining such consent. Where property owners are enrolled on the CINERA platform, CINERA will confirm the existence and scope of their listing license. Where they are not enrolled, the Photographer must obtain independent written permission before conducting the shoot at that property.

6.3 Model Releases

Where Deliverables depict individuals whose faces or identifying characteristics are visible, the Photographer is responsible for obtaining valid model releases for the promotional uses described in Section 3.2. A copy of all releases must be provided to CINERA with the Deliverables.

6.4 Permits

The Photographer is responsible for obtaining any permits required for photography at public locations, parks, or other regulated spaces. CINERA will reimburse reasonable permit fees where approved in advance as part of the SOW expenses.

6.5 Insurance

The Photographer must maintain adequate professional liability and general liability insurance for their activities under this Agreement. Proof of coverage may be requested by CINERA prior to engagement commencement.

7. Confidentiality

The Photographer agrees to keep confidential any non-public information about specific productions, property owners, location addresses, or commission strategies disclosed by CINERA in connection with an engagement. This obligation continues for two (2) years after the completion of the engagement. The Photographer may disclose that they performed commissioned location photography for CINERA in a general portfolio context, but may not disclose specific location addresses, property owner identities, or production names without CINERA’s prior written consent.

8. Representations and Warranties

The Photographer represents and warrants that:

• They have the right to enter into this Agreement and grant the licenses described herein
• The Commissioned Work is and will be their original work and will not infringe any third party’s intellectual property, privacy, or publicity rights
• All model releases and property permissions required for the promotional uses described in Section 3.2 have been or will be obtained before delivery
• They have complied and will comply with all applicable laws in connection with their photography activities
• The Deliverables will conform to the specifications in the SOW

9. Indemnification

The Photographer agrees to indemnify, defend, and hold harmless CINERA, Illuminate Productions Inc., participating film commission partners, and their respective officers, directors, employees, contractors, and agents from and against any claims, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Any breach of the Photographer’s representations, warranties, or obligations under this Agreement
• Any claim that the Commissioned Work or Deliverables infringe any third party’s intellectual property, privacy, or publicity rights
• Any claim arising from unauthorized access to private property during the shoot
• Any claim arising from the Photographer’s failure to obtain required model releases or location permissions

CINERA agrees to indemnify the Photographer from claims arising solely from CINERA’s unauthorized use of Deliverables beyond the scope of the license granted in Section 3.2.

10. Limitation of Liability

To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement. CINERA’s total aggregate liability to the Photographer under this Agreement shall not exceed the total Engagement Fees paid to the Photographer in the twelve (12) months preceding the claim.

11. Term and Termination

11.1 Term

This Agreement commences on the date of the first SOW executed by both parties and remains in effect until terminated by either party on thirty (30) days’ written notice. Termination does not affect SOWs already in progress; those engagements continue to be governed by this Agreement until completion.

11.2 Termination for Cause

Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement and fails to cure the breach within fourteen (14) days of written notice describing the breach.

11.3 Effect of Termination

Upon termination, all licenses granted under this Agreement for Deliverables already delivered and accepted survive termination. Sections 3, 7, 8, 9, 10, and 12 survive termination.

12. General Provisions

12.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Alberta.

12.2 Entire Agreement

This Agreement, together with each executed SOW, constitutes the entire agreement between CINERA and the Photographer with respect to commissioned photography services and supersedes all prior agreements, representations, or understandings relating to its subject matter.

12.3 Amendments

This Agreement may be amended only by a written document signed by authorized representatives of both parties. SOWs may include engagement-specific terms that supplement or modify this Agreement for that engagement only.

12.4 Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.5 Assignment

The Photographer may not assign or subcontract their obligations under this Agreement without CINERA’s prior written consent. CINERA may assign this Agreement in connection with a merger, acquisition, or sale of assets.

12.6 Language

The parties have expressly requested that this Agreement and all related documents be drafted in English. Les parties ont expressément demandé que la présente entente et tous les documents connexes soient rédigés en anglais.

13. Contact Information

To discuss a commissioned photography engagement, request a Statement of Work, or ask questions about this Agreement, please contact: