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 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.
DESCRIPTION OF SERVICES: The PHOTOGRAPHER will provide high quality photographic services for the this SESSION. Unless otherwise noted, the PHOTOGRAPHER will provide one professional photographer to take photographs using digital camera equipment, producing “Digital Images” in high-resolution .JPG format. In addition to the primary photographer assigned, the PHOTOGRAPHER may use additional photographers and/or assistants at its discretion. Unless otherwise agreed upon, the Digital Images will be delivered to the CLIENT electronically over the Internet.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the SESSION.
SAFETY: The PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the SESSION if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the SESSION; 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 SESSION, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time is at the discretion of the PHOTOGRAPHY or will be billed to the CLIENT.
DESIRED SHOTS: The CLIENT may provide the PHOTOGRAPHER with a list of suggested photographs that they desire in advance. While every attempt is made to accommodate the CLIENT’s desired list of photographs and create the best images possible, no particular image is guaranteed. The PHOTOGRAPHER is equipped to handle most low-light situations. In situations where flash photography is prohibited or is deemed to be unsafe, the CLIENT agrees to accept the Digital Images as-is, given the technical limitations of low-light photography.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the SESSION location(s) and the PHOTOGRAPHER’s studio address. For all SESSIONS, the first 30 miles roundtrip of travel are included. All miles in excess of 30 miles roundtrip are charged at $0.60 per mile.
RESPONSIBILITIES: The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive clients, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, or restrictions of the locations.
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.
COPYRIGHT, LICENSE TO USE, AND MODEL RELEASE: It is understood that the PHOTOGRAPHER owns the copyright to all of the Digital Images and reserves the right to use them for display, publication, advertising or other purposes. Upon receipt of final payment, the CLIENT is granted a Print release to use the Digital Images for their own non-commercial purposes, such as printing, electronic messaging, exchange with friends and relatives, or display on the Internet. No Digital Images will be provided to the CLIENT until full payment has been made. The CLIENT must obtain written permission from the PHOTOGRAPHER prior to publishing or selling the photographs.
LIMIT OF LIABILITY: In the unlikely event that the PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, 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 is limited to the return of all payments received for the SESSION.
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 SESSION. 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.
ARTISTIC RIGHTS: The PHOTOGRAPHER is not liable to deliver every image taken at the SESSION. The PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the CLIENT.
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.
EVENT FEES: The fee of the SESSION covers the time and talent of PHOTOGRAPHER, basic retouching and creative editing of images, as determined by the PHOTOGRAPHER. The session fee is payable in full the day of the SESSION. 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 SESSION. Returned checks will be assessed a $50.00 non-sufficient funds fee. A curated gallery with a minimum of twenty-five (25) edited images will be finished within 1-2 weeks and viewed in a private online gallery where the CLIENT will be able to download the full high-resolution images. Additional editing is available at additional expense to be determined by the PHOTOGRAPHER.
RESCHEDULING: If an illness or situation prevents a SESSION from taking place, the CLIENT may reschedule their session at least 24 hours prior to their shoot without penalty. Should the CLIENT fail to give 24 hours notice, or decide to completely cancel the shoot, this initial payment is forfeited and will not be refunded. The PHOTOGRAPHER reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
REFUNDS: Due to the nature of this service, the PHOTOGRAPHER does not offer refunds.
ARCHIVES: After six (6) months, all images will be purged from PHOTOGRAPHER’s hard-drive, except as needed for promotional purposes, to be determined by the PHOTOGRAPHER at the PHOTOGRAPHER’s sole discretion. The PHOTOGRAPHER is not responsible for loss or damage to the digital files due to circumstances beyond the PHOTOGRAPHER’s control. The SESSION images can be resent for a fee of $25 after the six (6) month period, however after one (1) year, the images are completely purged and cannot be resent.