Photography Agreement

Please be advised that by booking a shoot you have made a contractual agreement to adhere to the terms outlined on this page.

Cost, Fees and Payment

Where applicable a “Booking Fee” is a non-refundable portion of the amount agreed with the total balance due on or before the date of the session. In the event of the Client canceling for whatever reason the booking fee and any other fees paid up to that point including the Session Fee are non-refundable.

Cancellations & Rescheduling

In the event that the Client requests to reschedule their session on account of illness, emergency, act of God or any cause outside their control, the booking fee will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled PHOTOSHOOT (or reasonable notice is given in the case of an emergency). An additional $50 rescheduling fee must be paid by the Client on making a rescheduling request and PHOTOGRAPHER will be entitled to retain all amounts paid under this contract until the rescheduled PHOTOSHOOT. The rescheduled session is subject to the availability of PHOTOGRAPHER.

Late Arrivals

Any Client that is late arriving to the session will have the remaining amount of time allotted for the session. If additional time beyond the scheduled end time is able to be accommodated and is requested by Client, payment for additional time will be billed to the Client accordingly.

No Shows

If Client cancels this agreement, giving less than 24 hours notice prior to the date of the PHOTOSHOOT or fails to show on time, all payments made to PHOTOGRAPHER will be forfeited and released to PHOTOGRAPHER unconditionally. 

Indemnification

PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the PHOTOSHOOT. The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, lateness of the CLIENT, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, or restrictions of the locations.

PHOTOGRAPHER is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT.

If PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God or any cause outside its control: PHOTOGRAPHER will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract if the PHOTOGRAPHER is unable to perform services. PHOTOGRAPHER reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism.

Intellectual Property

Copyright Ownership

The copyright of photographs remains with the Photographer in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the Photographer.

Permitted Uses of Product(s)

Photographer grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Photographer with attribution each time Client uses Photographer’s property. Personal use includes, but is not limited to, use within the following contexts:

  1. In photos on Client’s personal social media pages or profiles; or

  2. In personal creations, such as a scrapbook or personal gift; or

  3. In personal communications, such as a family newsletter or email or holiday card.

Model Release

The Clients grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

Artistic Release

Client has spent a satisfactory amount of time reviewing Photographer’s work and has a reasonable expectation that the Photographer will perform the Services in a similar manner and style to the Photographer’s portfolio of work.

Consistency

Photographer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Photographer's current portfolio and Photographer will try to incorporate any reasonable suggestions made by Client. However, Client understands and agrees that:

  1. Every client and photo session is different.

  2. Photography is often a subjective art and the Photographer has a unique vision, with an ever-evolving style and technique;

  3. Photographer will use their artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

  4. Dissatisfaction with Photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

  5. All sales are final.

Editing & Retouching

  1. Color correction and/or retouching are included at the Photographer’s discretion.

  2. Client may request further changes in color or retouching beyond what is included for an additional charge of $25 per photo, provided the request is made at the time of delivery. Requests to make changes to edits may not be able to be completed if photographer no longer has the photos from your session. Please see section on “Retention of Delivered Files” below.

Printing

  1. For best results when printing, clients should order their prints through a reputable lab. Clients may ask Photographer for recommendations on where to print their photographs if they choose to do so.

Retention of Delivered Files

  1. Upon receipt of digital files Client accepts all responsibility for archiving and protecting the photographs for the future. The Photographer does not permanently archive image files and is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to access images. It is the Client’s responsibility to make sure that digital files are archived once delivered and copied to new media as required.

  2. If a Client requires past files to be duplicated by the photographer, and they are still within the photographer’s possession, a fee to provide the client with the files may be applied.

The Schedule

Both the Clients and the Photographer agree that punctuality and cheerful cooperation are essential to producing outstanding photographic results. The client agrees that the photographer can only capture what happens; weather, location, schedule complications, time restraints, and subject’s ability to cooperate, are all factors in the quality of the photographs.

Merger

This Agreement constitutes the final, exclusive agreement between the Parties and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.