Photography Services Agreement
SERVICES
IMAGES: Photographer shall provide photographic services for Client. Time per session can depend on several factors, including Client participation, weather, Client’s late arrival and other unforeseen issues outside of Photographer's control. Unless otherwise noted, photographs will be taken using digital camera equipment, producing digital images in high-resolution, JPG format. Client will receive the number of edited images included in the collection chosen by Client. Photographer will use his/her professional judgment to determine which images will be included. Photos may contain a mixture of color, and black and white images. The photographer’s editing process will consist of color correction, light and natural skin retouching, and adding a filter consistent to what is shown in the Photographer’s portfolio. Additional touchups such as object or blemish removal, heavy skin softening, or altering the subject or scene in any way is not included, but may be made available at an additional charge. The edited JPG images will be the only photos made available to Client. The RAW, unedited images are not an accurate representation if the Photographer’s work and will not be available to the Client. Images will be edited and completed within 2 weeks after your session date. Unless otherwise agreed upon, digital images will be delivered to Client electronically over the internet (an internet photo gallery site). Photos will be taken offline three months after the session.
FEES
PAYMENT: The full session fee is due upon booking a photo session and signature of Agreement. It is to reserve the day and time. Payment is due in full before the photos are delivered.
EXPENSES: Client agrees to pay the fees set forth below. Digital images will not be provided to Client until full payment has been made.
RETURNED CHECKS: If any check offered by Client to Photographer in payment of any amount due under this Agreement is returned for lack of sufficient funds, a “stop payment” or for any other reason, Client will pay Photographer a returned check charge of $25 plus any fees assessed by Photographer’s banking institution as a result of the returned check.
LIMITATION OF LIABILITY
SESSION: In the event Photographer is unable to perform the duties stated in Agreement for any unforeseen reasons or circumstances beyond the control of Photographer, the session will be rescheduled as soon as possible. If it is not possible for the parties to reschedule to a later date, an attempt will be made to obtain the services of another professional photographer to fulfill the obligations of Photographer. If he/she cannot provide another competent professional, all fees will be returned. The Photographer will not be responsible for lost photograph opportunities and will not offer reshoots due to poor hygiene, makeup, hair, or outfit choices.
SAFETY: Client has the right to refuse any pose or location. It is the responsibility of Client and/or guardian(s) of Client, to refuse to stand or be placed in any position or location where they feel uncomfortable or endangered. If Client and/or guardian(s) of Client, agree to stand or be placed in any position or location during the session, they assume all risks associated with the position and location. Photographer will not be responsible for any personal injury and/or property damage that might result from Client and/or guardian(s) being injured during a session.
IMAGES: Entire liability for any theft, loss, injury or failure to deliver digital images, is limited to the return of any fees paid by Client under this contract. Once the images are delivered to Client, Photographer will not permanently archive the images. It is Client's responsibility to back-up and protect the photographs.
CANCELLATION/RESCHEDULING
CANCELLATION: Client must cancel more than 24 hours before the time of the session to receive a full refund of the payment. In the event of cancellation, and a retainer is required, the retainer is NON-REFUNDABLE. Retainers will not be applied toward rescheduled events.
NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear during photographic session, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear at a scheduled session, the session payment is NON-REFUNDABLE.
WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on the earliest date possible, with no additional charge.
LIMITATION ON REFUNDS: In the event that Client is dissatisfied with the final results based solely on personal preference, Photographer will not offer refunds. Retakes will be offered for an additional, discounted price; however, Client will receive images from the second session only.
USAGE
COPYRIGHT: It is understood that Photographer owns the copyright to all images. Client agrees not to edit, adjust, scan, copy or reproduce images in any manner. Client also agrees not to supply images to any businesses or publications of any kind, including vendors associated with the session, without Photographer's written permission.
LICENSING: Upon receipt of final payment, Client is granted a usage release to use digital images for commercial purposes.
MODEL RELEASE: Client hereby grants to Photographer unrestricted rights to use and publish photographs. Photographer reserves the right to use images for display, trade, publication, advertising, photographic competitions, or other purposes. Client releases all claims to profits that may arise from use of images.
GENERAL INFORMATION
ENTIRE AGREEMENT: This Agreement, including any documents referred to herein, constitutes the entire and exclusive statement of Agreement between the parties with respect to its subject matter, superseding any and all previous proposals, representations or statements, oral or written. In entering into this Agreement, neither party has relied upon any statement, representation, warranty, nor agreement of the other party except for those expressly contained in this Agreement. Any representations, warranties, or promises alleged between the parties pertaining to the subject matter of this Agreement that differ in any way from this Agreement’s provisions are of no effect. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. There are no conditions precedents to the effectiveness of this Agreement other than those expressly stated in this Agreement.
SEVERABILITY OF TERMS: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
GOVERNING LAW: This Agreement and any action arising from or relating to its subject matter, whether at law or at equity for contracts or for torts, shall be governed by and construed and enforced in accordance with the laws of the State of Illinois without reference to conflicts of laws.