Thursday, September 21, 2017

Photography Contract

 

Agreement and Session Deposit

Clients must agree to these terms and conditions to reserve a photography session date.

 

Session Information

  1. There is a $200 non-refundable deposit required to reserve your session. Upon payment of session fee, Photographer will reserve the time and date agreed upon.
  2. A travel fee is incurred for location shoots done over 25 miles from zip code 45213.
  3. Client is responsible for their own safety and actions while at the location of the portrait session. Photographer is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session.
  4. If anyone should fall ill, contact the Photographer as soon as possible to reschedule the session. A new date must be discussed and decided upon with photographer within 1 week or session fee will not be transferrable. If clients are visitors to the area and the session cannot be rescheduled due to inclement weather, illness, or schedules, the deposit will be returned. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, Photographer may elect to use an alternate location or to reschedule the session.
  5. If the Photographer cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, and Photographer is unable to reschedule the session, then the Photographer shall return any deposit or session fee to the client but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client’s order.
  6. In the event a subject is ill, becomes ill during the session, or is not cooperative during the session the images already taken will be edited and placed in the gallery. Clients may purchase the images at the investment price outlined in the investment guide received at booking. In the event no images or products are purchased due to the circumstances, the initial gallery will be deleted and a reshoot will be scheduled. No images from the initial gallery can be purchased if a reshoot is scheduled.
  7. In the event a client arrives late to the session, the photographer will take pictures until the conditions are not favorable for photos. The chosen images will be placed in the online gallery and clients can order at the investment price they receive at booking. If another session is desired by the client, they make book another session at the full investment price.
  8. Proofing and Ordering: If Client is dissatisfied with the gallery images, notice must be sent to photographer within 24 hours of the gallery going live. A re-shoot may be scheduled, solely at the discretion of the Photographer, as quickly as reasonably possible, and all images from the first gallery will be deleted. This does not apply to portfolio-building sessions. Re-shoots will not be offered due to hair or wardrobe choices, tardiness to the session, or uncooperative clients.
  9. Within approximately three weeks of your session, an email will be sent with a link to your gallery of portraits. Images are selected and edited at the Photographers' discretion. The artist reserves the right to edit and release only those images deemed creditable as professional in quality and within the Photographers' artistic standards. The photos will be available for viewing and purchasing, in a password protected gallery, for 10 days.

  10. Fullfilment of payment and ordering of additional prints/products must take place within 7 days of the gallery being live. Galleries will be automatically purged from the website after 7 days. A $50 re-hosting fee will apply to galleries that need to be put back on the website after the 7 day viewing period. If the pricing has changed since your original booking date, your images will be re-hosted at the Photographer’s new pricing.

  11. Simple fixes, such as crops and blemish removal may be completed at the Photographer's discretion. More extensive retouching is done at a fee of $50 an hour.
 This includes retouching of the hair, liquifying of subjects, color changes, etc.
  12. Please examine all images in your gallery thoroughly. Due to the custom nature of photography, refunds are not available.
  13. Purchased images are kept on file by Photographer for 1 year after portrait session. Images that have not been purchased are permanently deleted after 30 days. Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, Photographer shall not be liable for any loss of digital data whatsoever.
  14. No part of any order, including previews, will be delivered until the balance is paid in full.
  15. Print issues (i.e. damage during shipping, discoloration of photo, missing items) must be reported to the photographer within 7 days of receiving order for the issue to be resolved. Order corrections will not be completed after the 7 day time period.
  16. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and client releases photographer from any liability for any claims whatsoever based upon fading or discoloration of any photographs.
  17. Clients are not required to place an order. However if an order is made, there is a minimum purchase of $300 that must be met in order for an order to be fulfilled.
  18. Model Release: NRCW PIX Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. 16. By signing this contract, the Client warrants that he or she has actual authority to agree to the use of images of all persons included in the portrait(s) in this manner and shall indemnify and defend NRCW PIX Photography in the event of litigation arising out of such use. 17. Negatives, digital files and previews remain the exclusive property of NRCW PIX Photography. 18. Images may not be submitted into competitions, online publications, print publications, or used for any commercial use without permission from NRCW PIX Photography.
  19. NOTICE OF COPYRIGHT: It is ILLEGAL to copy, reproduce, or alter these photographs elsewhere without the Photographer’s written consent, and violators of this Federal Law will be subject to its civil and criminal penalties. (This includes cropping, editing, and removing the watermark from web-images).

 

I agree to all terms and conditions laid forth in the Client Agreement. This Contract incorporates the entire understanding of the parties and is governed by the laws of the State of Florida. Any modifications of this Contract must be in writing and signed by both parties.

Upon submitting this form, you will be invoiced the session fee. This fee secures your session and is non-refundable. You may also send cash or check payable to NRCW PIX Photography. Your date will only be reserved for one week from the date of this agreement until payment is received. 

 

 

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