Photo Contract

 

TERMS

This agreement is between Samantha Hartig, hereinafter referred to as the "Photographer", operating in the State of Florida, and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed below.

 

The package list and price list and/or documents provided are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.

 

Overview: This agreement contains the entire understanding between the Photographer and the Client as an order for intimate portraiture services. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

 

Boudoir Session: This is a boudoir session, which means the Photographer will photograph the client in lingerie and possibly the nude. Due to adjusting hair or directing the client to pose, the Photographer may have limited contact with the client. Sexual activity is prohibited during the session. If any type of sexual activity occurs, the Photographer has the right to end the session and forgo any future opportunities for rescheduling.

 

Mandatory age of 18 or older: The client must be 18 years of age or older to participate in this boudoir session. 

 

Deposit Policy: Upon booking Photographer and signing the contract, the Client must pay the session deposit. This will hold the session date. This deposit is non-refundable. The remainder of the session fee will be paid a week (seven days) before session.

Reschedule Policy: In the rare occurrence that the Client must reschedule, Photographer is to be given a 48 hour notice. Photographer reserves the right to cancel a session that has been rescheduled by the client two or more times due to personal matters.

Cancellation: There shall be no refund of deposit after the signing of the Agreement and the reservation of the photography date.

Weather Policy: In the event of weather conditions that are out of our control:

If the Client has been contacted and advised to reschedule due to the Photographer’s concerns about weather, and the Client still proceeds with the session and weather limits the time and or photos that were able to be taken, the Client will be charged for an additional session at the Photographer’s hourly rate to reschedule or shoot additional photos. 

If the Client has been contacted and advised to reschedule and the Client decides to go ahead and reschedule, the Client will not be charged to do so. The Client will work with Photographer to find a date and time that fits both schedules.

 

Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Photographer beforehand.

 

Garments: The Photographer cannot be held responsible in the unlikely event of damage to garments.

 

Limit of Liability: In the unlikely event that the photographer is injured or becomes too ill to photograph the event, Photographer  will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Photographer ’s control, Photographer  liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

Photographer will not be held responsible for the quality of any images printed that are not ordered through her. Photographer recommends all clients order through her professional printer. 

 

Outfits: Although, there are no additional fees for additional outfits. The amount of time it takes to change into those outfits does count towards the total amount of the session time.

 

Tardiness: In the event that the client is late to the appointment, the client assumes all responsibility of the hair and makeup artist's late arrival policy.

 

Completion Schedule: Custom editing, shipping, and printing of images takes approximately five weeks but may take longer.

 

Copyrights: The photographs produced by Photographer  are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Photographer’s explicit written permission. It is a breach of this agreement to not only reproduce the images, but to display them on social networking sites (Facebook.com, Instagram,etc). If displayed on social networking sites, photos must say photos by Photographer  somewhere visible on the photo or on the information tab below each single photo. The Client cannot share images (online or reproduction) without first purchasing the rights to those images.

The Client  must obtain written permission from and compensate Photographer  prior to the Client  or the client’s friends and relatives publishing or selling the photographs for profit. Only under rare circumstances will these privileges be granted.

 

Creative License: Images are edited at the Photographer's discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer's artistic standards. 

The Client  agrees to not alter any images provided digitally. This includes using photoshop, piknik, instagram filters, or any other editing software to modify any aspect of the image. If so desired, a Client can request minor alterations to the edited images displayed in online galleries (i.e. simple conversion to black and white, etc.). Photographer  may refuse to complete some requests based on the style and artistic integrity of the image and the photographer’s preferences. The finished product is art and reflects the style of the photographer.

 

Model Release: Photographer will obtain a release of images for Photographers professional use in an additional document. Photographer will not sell, rent, or otherwise distribute your personal information to any third party without your express permission. 

 

Limit of File Storage:

Photographer may destroy, delete, or otherwise erase all photos from your session 30 days after your image ordering appointment.

 

Returned checks: Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

 

This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the Photographer's current price list.