This Photography Contract (the "Contract") is made effective as of (the "Effective Date"), by and between (the "Client") and Trisha Jo Portraits ("The Photographer").
SERVICES. Photographer is hereby retained by Client to provide Photography services as described above.
PAYMENT. Client agrees to pay Trisha Jo Portraits, for services rendered and/or products ordered. Forms of payment accepted are cash, venmo, cash app, paypal, checks made payable to Sage Productions and all major credit cards. Credit cards are subject to a 3% convenience fee.
PURCHASE. Client agrees to pay the session fee ($350) and is aware all products are purcahsed separtely. Payments are nonrefundable but may be transferable. Client has no rights under this Contract until balance is paid in full. Due to the custom nature of the products, payment must be made in advance prior to any products being ordered or delivered.
CANCELLATION POLICY. Any cancellation prior to the agreed upon service date the Client will receive a refund of their purchase minus a 20% cancellation fee. If the cancellation is initiated by Trisha Jo Portraits, the session will be rescheudled at both parties earilest convenience. If both parties can not reschedule, due to a cancellation, on behalf of The Photographer, all monies paid to Trisha Jo Portraits from the Client shall be fully refunded. Refund shall be paid out at months end. If the client fails to show up for the scheduled session, he/she forfeits their purchase. If the client is late for the agreeded upon appointment, that portion of the session is forfeited. The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional with equivalent style, talent and expertise.
RATES & FEES. Session time begins and ends precisely at times agreed upon and listed in Contract. Client will be charged 100% fees and expenses for any re-shoot required by Client. Client will be charged $75/hour for any overtime shooting, unless otherwise discussed and agreed upon by the Photographer. Price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. The Client is responsible for additional fees and costs related to location choice such as travel, meals, parking, admission, permit/photography fees and other necessary costs to the perform these services. Sessions taking place beyond a 15 mile radius of Photographer’s location will incur a $2 per mile traveling fee. Late fees shall accrue $10 per day for each additional day from the date of balance due. Returned checks will be assessed a $35 non-sufficient funds fee. Taxes and shipping are not included in prices listed and shall be determined upon final order(s).
POST PRODUCTION AND EDITING. The final postproduction and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.
CAPTURE AND DELIVERY. The Photographer is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left solely to the discretion of the Photographer. No cell phones, cameras, or other media that may capture images will be allowed during the Session(s).
PROOFS. Please allow 3-4 weeks to veiw proofs from date of portrait session for post processing. An in-person "Premeire" (reveal and ordering) session will be provided to the Client within 4 weeks from completion of the session as per clients schedule. Once full payment is received, your selection will be ordered. If an online gallery is posted family and friends will have 2 days to add their order to the client's order. The order must be paid in full within 72 hours. Once the gallery has been closed, there will be a $250 fee to upload your gallery for an additional 7 days.
WORK PRODUCT OWNERSHIP. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio. All Images from this Shoot remain property of "Trisha Jo Portraits" and may be used for advertising, display, or any purpose thought proper by "Trisha Jo Portraits" without additional compensation to the Client. All Images and rights therein, remain the sole and exclusive property of "Trisha Jo Portraits". Unless otherwise provided herein, any grant of rights from the Photographer to the Client is limited to the private, personal use of photographic material purchased by Client.
CLIENT'S USAGE. All Photographs are copyrighted to Trisha Jo Portraits and it is illegal to scan, screen shot, download, alter or crop any image. The Client is obtaining products for personal use only, and shall not sell said products. If Client is obtaining a print for newspaper announcement of the wedding, editorial use or website, Photographer authorizes Client to reproduce the print in this manner and in such event, Client shall run a credit for the Photographer adjacent to the photograph. Client shall not enter photographs from Trisha Jo Portraits in contests outside of those created by Trisha Jo Portraits.
MODEL RELEASE. I give permission to Trisha Jo Portraits to use the images (or variations of the images) from this session for publication in advertising materials, websites, blogs, portfolios, displays, or any other promotional methods for Trisha Jo Portraits without compensation. I further waive any all rights to review or approve any use of the images, and written copy of finished product.
LIMIT OF LIABILITY. If the Photographer cannot perform this Contract due to a fire or other casualty, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit 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 malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.
INHERENT QUALITIES. Client is aware that color dyes in photography may fade or discolor over a period time if placed in direct sunlight due to the inherent qualities of dyes as well as USB, DVD or CD media which may deteriorate due to delamination and oxidation, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities. Client is responsible for back up of USB, DVD or CD media to a computer or external hard drive.
APPLICABLE LAW. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of New York.
If the terms of this Agreement are acceptable to Client, please acknowledge agreement to the terms by checking the acknowledge box and signing the signature box . If Client’s family will be photographed, Client hereby consents to the forgoing conditions and warrants that he/she has the authority to give such consent on behalf of the family. If a minor will be photographed, Client being a parent or guardian of the minor, hereby consents to the forgoing conditions and warrants that he/she has the authority to give such consent on behalf of the minor.
By signing this agreement, Client witnesses an understanding of the above agreement and accepts all of the terms listed therein.