AGREEMENT OVERVIEW: This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
BY MAKING THE DEPOSIT, THE CLIENT HAS 24 HOURS TO CANCEL THE CONTRACT FROM THE DATE OF THE DEPOSIT, OTHERWISE, YOU AGREE TO ALL OF THE BELOW
PORTRAIT SESSION: Client is guaranteed up to ……. hour of shoot time for a portrait of one individual. Portraits with two or more individuals may require additional time and the aid of an assistant. Additional fees will be listed in the “YOUR FEES” section of this contract
SESSION FEES: The client agrees to pay the photographer a 25% retainer fee at the time of booking to secure their appointed date and time. This is a non-refundable retainer fee that goes towards your session. The remaining balance is due upon arrival of your session. The session fee covers the time and talent of the photographer, basic retouching, and creative editing of images, as determined by the photographer. Additional editing is available at an additional expense to be determined by the photographer if requested. Additional prints, products, and digital images may be available for purchase.
LOCATION COSTS & FEES: In the event that a requested location has any costs/fees associated, you, the client, will be responsible for those fees. Creative fee covers travel within a 25 mile radius of NEW YORK. Any location outside of these limits will be subject to additional charges based on the distance of travel.
PAYMENTS: All payments are due in full unless payment arrangements have been made. Edits and orders will not be processed until payment in full is received. If client has arranged a payment plan, orders or edits will be completed after final payment is received.
SESSION REQUESTS: *No cameras/camcorders/any type of recording device (this includes cell phones) are allowed during the session. *Sessions start at agreed upon time. It is strongly encouraged for clients to arrive 15 minutes prior to the start of the session. In the event of a delay, please notify the photographer. Arriving late will cut into your contracted session time.
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the deposits paid are non-refundable. Deposits are transferable if a date change is necessary. 48 hours’ notice of postponements or cancellations is appreciated.
WEATHER/EMERGENCY: If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge. If Photographer cannot perform this contract due to a fire or other victim, strike, act of God or other cause beyond the control of the parties, or due to an illness or emergency of the photographer, the photographer will return any deposit or session fee to the client, but will not have any other responsibility with respect to the Contract. This limitation of liability will also apply in the event that photographic materials or footage are damaged during processing, are lost due to a malfunction of the camera or media, are lost in the mail, or are lost or damaged by any other no-fault mode by the photographer. In the event that the photographer or videographer is not made for any other reason, Photographer will not be liable for any amount in excess of the retail value of the Customer’s order. The charges in the Contract are based on the Standard Price. This price list is adjusted periodically and future orders will be charged at the prices in effect at the time the order is placed.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the 25% deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 30% discount from the original session fee. Client is then able to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.
MODEL RELEASE: Client grants to Photographer and his legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
COPYRIGHT: Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: Photographer take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this agreement
Archive and Storage. The Photographer archives all proofed images from each event for a period of 6 months from the date of the event. After that time, the Photographer deletes all proofed images from his hard drive and all external hard drives. The Photographer is not responsible for digital files once they are downloaded by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.
BY MAKING THE DEPOSIT, THE CLIENT HAS 24 HOURS TO CANCEL THE CONTRACT FROM THE DATE OF THE DEPOSIT, OTHERWISE, YOU AGREE TO ALL OF THE ABOVE