ENTIRE AGREEMENT: This agreement contains the entire understanding between the PHOTOGRAPHER and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The person(s) whose signature(s) appear on this contract, known as CLIENT, agree that the PHOTOGRAPHER shall provide deliverables and services to photograph the CLIENT’s event / session to the best of her abilities, in the manner described in this document. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or canceled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The PHOTOGRAPHER. The CLIENT shall also be responsible for payment for any of the PHOTOGRAPHER’s materials charges incurred up to the time of cancellation.
The PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the EVENT(S) if the PHOTOGRAPHER experiences inappropriate, threatening, hostile, or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the PHOTOGRAPHER is in question.
SHOOTING TIME / ADDITIONS:
The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, the lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, rendering of decorations, or restrictions of the locations. The PHOTOGRAPHER is not responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage. The PHOTOGRAPHER is not held liable for missed coverage of any part of the EVENT(S). The PHOTOGRAPHER will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS:
The PHOTOGRAPHER is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the PHOTOGRAPHER. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the PHOTOGRAPHER will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the PHOTOGRAPHER will be performing services (this does not apply to all properties/locations).
FILM and COPYRIGHTS:
The photographs produced by the PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER’s explicitly written permission. The CLIENT must obtain written permission from the PHOTOGRAPHER prior to publishing or selling the photographs.
The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claims to profits that may arise from the use of images. Portraits may be used on the PHOTOGRAPHER’s website, and all other forms of social media, in the promotion of her portfolio.
LIMIT OF LIABILITY:
In the unlikely event that the assigned photographer from the PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, an act of God, an act of terrorism, or other cause beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the PHOTOGRAPHER’s control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY:
The PHOTOGRAPHER is not liable to deliver every image taken at the event/session. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.
POST PRODUCTION AND EDITING:
The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. It is not acceptable to add filters on-top of already edited portraits (this includes Instagram filters or any other social media/Lightroom/Photoshop/editing software). The PHOTOGRAPHER works hard to produce the exact look that works for these portraits and does not appreciate tampering with the final result.
The CLIENT agrees to include the PHOTOGRAPHER’S name when posting any portraits on social media. The PHOTOGRAPHER does not add watermarks to her work, therefore the CLIENT is responsible for placing credit to the PHOTOGRAPHER so that business may grow and prosper.
PAYMENT AND SCHEDULE:
By this contract, the CLIENT agrees to make payments to the PHOTOGRAPHER, by the following schedule in exchange for event/ portrait session deliverables. This payment schedule is enforceable by law, and the methods described below will be used in cases of delinquent payment.
By this agreement, it is agreed that a retainer fee will be surrendered to the PHOTOGRAPHER with a final balance due on the day of the event.
The remaining balance is payable in full on the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the PHOTOGRAPHER shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the PHOTOGRAPHER.
If the CLIENT cancels the requirements of the event(s) before the date of the event(s) or cancels requirements of services of the event(s) for any reason the CLIENT forfeits all payments made prior to the cancellation notice. All cancellations must be in writing. Cancellation of an event(s) by the CLIENT does not bind or legally obligate the PHOTOGRAPHER to re-schedule. The cancellation conditions above will apply for postponed event/ portrait sessions if the photographer is not able to re-schedule for the new date and time. The fee for postponed or rescheduled event(s) is subject to change.
Any additional payments for deliverables and other services are to be made when any additional orders are placed. Prices for orders placed over one year after the date of the session/event may be subject to change.
Due to travel getting more difficult and situations arise, all retainer fees are now refundable up to 2 weeks of the event date. After said 2 weeks, the retainer fee returns to being non-refundable.
I have read, understand and agree to the terms and conditions of this Agreement. The person signing below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.