Contract for Services

This contract for services is made effective in date shown on proposal and estimate, by and between the client, who’s name and address appears on the proposal and estimate.

 

      1.  Estimates: This agreement constitutes an order for portrait photography services. Specs may change in the duration of the project.                 Cost of revised specs will be provided to client and will require written approval. Both parties shall agree upon any increase in fees                 due to any changes of services before any services are rendered.

                                   

  1. Limitation of Liability: Our Studio Name takes the upmost care with respect to exposure, transportation, and photograph processing. However, in the unlikely event that all the photographs have been lost, stolen, damaged, or destroyed for reasons within or beyond Our Studio Name control, our photography studio liability is required to the return of all payments received for the portrait session. The limit of liability for a partial loss of originals shall be a prorated amount of the session selected, based on the percentage of originals lost.           

                                               

  1. Changes and Cancellations: Upon signature, Our Studio Name reserves the time and date agreed upon. For this reason, all retainers are non-refundable, even if the portrait date is changed or canceled by client for any reason except as noted in sections 8 and 9, or based on the 7-day cancelation policy stated on estimate.             
  2. Payment Terms: A Retainer must be placed or full payment to reserve the session. There will be no refunds under the terms stated in agreement section, but the session may be rescheduled. Remaining due should be paid no later than the date of portrait session. Payment/retainer required will be stated on estimate/invoice.

 

  1. PRE-EVENT CONSULTATION: The client has the option to consult with photographer in person or by other means of contact before event date in order to finalize the actual shooting times, locations, ideas, event procedures, and special requests for specific photographs.                              

                       

  1. MODEL RELEASE: If signed the contracting party grants Our Studio Name the unrestricted right to copyright, use and publish photographs without compensation or liability to the contracting party. It is understood that any and all proofs, sample prints, and digital negatives remain the property of Our Studio Name.

      

 

Policies and Legal Information

 

 

[1] "Photograph(s)" means all photographic material furnished by Our Studio Name , hereinafter "Photographer",

 

Whether transparencies, negatives, prints, digital images or otherwise.

 
             

[2] Except as otherwise specifically provided herein, all photographs and rights therein, including copyright, remain the sole exclusive property of Photographer. Any additional uses not listed in this agreement require

 

the prior WRITTEN agreement of photographer on the terms to be negotiated. Unless otherwise provided

 

herein, any grant of right is limited to the private use of photographic material purchased by the individuals and

 

clients are prohibited from all commercial uses.

 

(See services provided description that give client specific rights to use of images).

 

             

[3] Client agrees to indemnify and defend Photographer against any and all claims, liability, damages, costs, and expenses, including reasonable legal fees and expenses

           

arising out of any use of any photographs for which the client’s guests provided no release to the Photographer

 

for any photographs, which are illegally altered by Client. Unless so furnished, in writing, no release exists.

 

Photographer's liability for all claims shall not exceed in any event the total amount paid under this contract.

 

(About not having model releases for guests at events.)

 

 

[4] Time is of the essence for receipt of payment. No photography will take place and no rights are granted until

 

timely payments are made in full.

       
             

[5] Client may not assign or transfer this agreement or any rights granted hereunder. This agreement binds and

 

Photographer, Client, Clients principals, agents and affiliates, and their respective heirs, legal representatives,

 

successors and assigns. Client and its principals, agents and affiliates are jointly and severally liable for the

 

performance of all payments and other obligations hereunder. No amendment or waiver of any terms is binding

 

unless set forth in writing because of immediate proximity of shooting. This agreement incorporates by reference

 

Article 2 of the Uniform Commercial Code and the Copyright Act of 1976, as amended.

 

             

[6] Except as provided in (7) below any dispute regarding this agreement shall be arbitrated in Our County under

 

rules of the American Arbitration Association and the laws of Our State. Judgment on the arbitration award may be

 

entered in any court having jurisdiction. Client shall pay all arbitration and court costs, reasonable legal fees, and

 

expenses and legal interest on any award or judgment in favor of Photographer.

 

             

[7] Client hereby expressly consents to the jurisdiction of the Federal Courts with respect to copyright claims by

 

Photographer under the Copyright Act of 1976, as amended. Clients also agree to pay reasonable legal fees,

 

and expenses if the Photographer prevails against the Client on all federal matters.

 

             

[8] If Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of Nature or terror, or other cause beyond the control of the parties or due to Photographer's illness or injury,

 

then Photographer will return any all fees to the Client(s) but shall have no further liability with respect

 

to this Agreement.

 

This limitation on liability shall also apply in the event that photographic materials are damaged in processing,

 

lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of

 

Photographer. Client(s) agree that an entire shoot cannot be replicated, reenacted or repeated for the purpose

 

of a re-shoot and limits Photographer's liability to the amount paid under this contract.

 

 

 

 

 

 

 

 

 

[9] Emergencies: Emergencies such as serious injuries, serious illness or death to the signing parties to this

agreement or their immediate families will cause this agreement to be null and void. Photographer will return any

retainers made and will not charge for time or material expenses incurred while preparing for the shoot. Client(s) as

well as Photographer must produce documentation in writing showing cause stating reason, relationship and have

an excuse signed by an attending physician, charge nurse or funeral director.

For the purpose of this agreement immediate family will consist of parents, stepparents, brothers, sisters, spouses, children, stepchildren, grandchildren and grandparents, as well as myself and the client(s).

Either party may invoke this clause up to five days prior to the shoot causing this agreement to become null and void.

 

[10] Upon signature, photographer reserves the time and date agreed upon and will not make other reservations

for that time and date. For this reason all payments are not refundable-even if the Shoot is cancelled with an

exception for (9) above. No other photographer will be permitted to photograph, pose, direct or interrupt while

Photographer is working. Any breech of this agreement will constitute a reason for non-completion of the job with no

liability to the photographer and the loss of all payments made under this contract. Checks shall be made payable

to Our Studio Name or owners name and mailed to Our Address.

   
             

[11] Client has the right to a three (3) day grace period of time of scheduling shoot to exit this contract.

Photographer must be notified in writing. The postmark shall not be older than three (3) days of the date following

the signature of the contracting party. Photographer is not responsible for lost or undelivered mail.

             

[12] Photographer reserves the right to edit and will be the final authority on the images that will be offered for sale

to the client.

           
             

{13} Clients are entitled to three major changes on an album spread and Our Studio Name reserves The right

To charge additional darkroom time editing an album any changes that need to made after the 3rd change

at standard rate of $75.00 per hour. Albums are an expression of our art and Our Studio Name maintains final

approval of album design and photos displayed. You should expect the addition of more spreads with the addition

of pictures. (A major change is the redesign of a spread)

   
             

[14] For any album designs Client must complete album design approval within 6 months from date first displayed.

If client does not complete album completion Our Studio will assume album design to be a canceled order. Any

fees paid for an album is non-refundable if client does not complete the transaction. Of course a client can

postpone order to be completed at a later date. All files and designs will be archived.