Contract

Retainer and Payment.

The Client shall make a non-refundable retainer the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Payment for product orders shall be submitted to Photographer at the Session Premiere or within 14 days of online gallery delivery.

Rescheduling/ Late Arrivals.

In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 24 days prior to the schedule event. Reschedule must be within the same calendar year and will not be the same backdrop but an equivalent session. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. If late I cannot guarantee number digital images that will be delivered

Completion Schedule.

Prints generally take about two weeks from time of print order to be processed and delivered to Client. Albums can take several weeks to months to design and produce. Client should place order with enough time to allow for normal delays. Photographer shall not be held responsible for delivery delays.

Photographic Materials.

All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 1 months of the session. If an online proofing gallery delivered, it shall remain open for 14 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $30 un- archival fee shall apply. All print orders must be placed within 30 calendar days of proof gallery delivery. No prints or negatives will be released until the agreement upon amount is paid in full.

Client’s Usage.

The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

Copyright and Reproductions.

The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.

Failure to Perform.

If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

Indemnification.

The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed

Model Release

I, authorize the Photographer to use and to create images for promotional material, online usage, and other areas of marketability. I further authorize the distribution of photographs to potential clients of the Photographer for portfolio purposes.                                                            

I agree and understand that the photos will be taken digitally.I, further acknowledge that I will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.                                                                      

I, also hereby waive all rights and release the photographer from, and shall neither sue nor bring any proceeding against the photographer or his agents for any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy or personality or any similar matter based upon or relating to the use and exploitation of the photos.  

I also consent to the use of my own name or any fictitious name, which may be chosen in connection with the aforesaid photographs.

I, hereby release any and all claims whatsoever in connection with the use of my photograph and name and the reproduction thereof as aforesaid. I hereby waive any right that I may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.