Portraint Photography Contract

 
Name *
Name
Address *
Address
Phone *
Phone
Session Date Request *
Session Date Request
Time Request *
Time Request
Please include session package information.
Retainer for services A non-refundable retainer of 1/2 the total fee is due by the client in order to secure the Photographer's services. The retainer shall be applied to the total session fee/quote. The remaining balance is due one week(7 days) prior to the session. Retainer fee must be paid in full to secure the date and time for the session. All retainer fees and balances will be paid via Square or Paypal. Cancellation / Late arrival / Rescheduling Should the client need to cancel the session, notice must be given at least 48 hours prior to the shoot date. The retainer paid is non-refundable, however, it may be applied ONCE to a new session. Rescheduling is at the sole discretion of the photographer. If the client fails to notify the Photographer of cancellation, or need to reschedule, the client looses all rights to the retainer paid and must pay a new retainer fee to secure a booking date. It is at the sole discretion of the Photographer to allow a breached client to reschedule. In the event that the Client requests to reschedule a session with ONE week( 7 calendar days ) notice the retainer shall be applied to a rescheduled session. Reschedules must be within the same calendar year. Clients are allowed ONE reschedule before their retainer is forfeited and another must be paid to schedule a new session. All clients that are late arriving to the session/location shall have the amount of time late deducted from the time allotted for the session. If the Client has booked a HMUA (Hair and Makeup Artist) a late fee may be applied. Arriving 15-30 minutes early is recommenced to speak with the photographer, go over the shoot, have HMUA done(if booked). Clients shall not be compensated for the time deducted from the session due to late arrival by the client. Online Gallery / Client access The Photographer shall make an online gallery with low-resolution watermarked digital files for the Client's viewing and selection of final product. These proofs shall be available to the Client within 1-2 weeks after the session has concluded. The Client's gallery shall remain online for a period of 90 days after the session has concluded for future purchase of files if the Client deems it so. After 90 days, the Client's access to the online gallery shall be revoked unless a fee of $100 is paid to re-/keep open said gallery. Photographer is not responsible for any lost images once given to the Client. Client is not allowed to screenshot, download, crop or alter photos from the online gallery. If Client is found misusing the Photographer's gallery, the Client will be assessed a $300 fee, and rights to purchased/included photos shall be held until the fee is paid. Photographer's Artistic Rights The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive an online gallery of low-resolution digital files to select from and shall not receive any photographic materials not presented to the Client. The Client shall not received any RAW or unedited files unless the Client pays a per file fee of $250 for each single RAW file. The Photographer retains the right to decline any and all requests by the Client to edit any specifically requested images that the Photographer deems not up to par with the rest of the work. The Photographer retains the right to decline any extensive editing requests, such as but not limited to background changes, added effects, and body modification. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $50 an image. The Client agrees that the work delivered will be of the Photographer's style that can be seen on our Website and Facebook page, and that the Photographer has complete creative control of the post-processing. Unless otherwise suggested by the Client, the Photographer has the right to remove scars, moles, discoloration or imperfections deemed by the Photographer. If the Client wishes to leave certain marks, the Client MUST mention it prior to release of the final work. The digital files will be delivered in JPEG format via Dropbox with a mix of color and black and white images, deemed appropriate by the Photographer. No re-editing will be done after the final edited copies are presented to the Client. Unless agreed upon prior to release, the Client under no circumstances, shall edit the work of the Photographer. If the Client edits the final work from the Photographer, the Client is in breech of this contract. Exclusive Photographer / Approved Use The Photographer shall be the exclusive photographer for the session. It is understood by the Client that no other photographer may be appointed at the session while the Photographer is working. The Client understands that no other person(s) may take photos of or at the session unless the Photographer gives consent. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this contract. The Client's prints are for personal use only and shall not be submitted to contests or reproduced for commercial use without written approval by the photographer. The photographer shall provide a digital file print release, the client must act in accordance with the release. The Client may not sell or re-distribute the work from the session without prior written consent from the Photographer, and a fee is paid. Photographer retains the right to use the Client's work for portfolio usage, advertising, and in any fashion the Photographer deems fit. Limit of Liability The Photographer limits any liability for the loss, damage or failure to produce photographs taken during the session. This includes equipment malfunction or loss, weather related issues, or failure or the client to show up to the session. The Photographer is under no obligation to compensate the Client should an act of 'God', malfunction or failure of client to show up to the session. Copyright * Crystal Johnson of Lilium - Visual Artist hereafter “Photographer”, owns the copyright to all images. All created photographs are protected by the United States copyright laws. It is illegal to print, copy, scan, edit or reproduce photographs or digital images created without the written consent of the photographer. Fines will start at $100,000 for copyright infringement. The Photographer reserves the right to use photographs from your session for advertising, display, website promotion, photographic contests, publications, or any other purposes chosen by the Photographer. The Photographer shall retain copyright ownership of all works created in the course of this contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters ,cropping, or modifications of any kind. If any of these actions are preformed the photographer reserves the right to contact you and request the photo(s) be removed as they would no longer be accurate representations of the photographers work. Final delivery of digital files/ storage When the final JPEG files are delivered to the Client, it is the client's sole responsibility to protect and retain their images for the future. It is highly recommended that the digital files or USB drives be duplicated and stored in multiple locations online such as Cloud Storage. If the Client has lost or is in need of a final digital file, the Photographer retains the right to assess a fee for re-uploading the digital file(s). The Photographer guarantees that the photographs will be available for up to 90 days from the delivery of the online gallery. After the 90 day mark the Photographer no longer guarantees that the photographs will be available. Photographer is under no obligation to retain the files after 90 days, and will assess a fee should the client need to re-download said files. Print Release A print release is required if the client wishes to print the digital files at a lab other than with the Photographer. The Photographer will provide the Client a Print Release with the final digital files. The Print Release is for the client to purchase print products with third party vendors/labs. The Print Release does not give the Client rights to use the final digital files in a Commercial setting, or to re-sell said files to a third party. If the Client wishes to use the final files in a Commercial setting the Client must retain a quote from the Photographer prior to usage, pay a fee and the Photographer will supply the client with a license for Commercial usage.
I, (Client listed above) agree to the terms and conditions listed above. I understand that failure to follow the listed terms may find me in breech of the contract, and I may be assessed a fee by the Photographer/ have the contract cancelled *
By Checking this box I agree to the terms listed above.