Portrait Contract

 

This contract is between the Client, whose name is listed above, and Photography by Silver Image. Inc./Cristie Reddehase.

1. Retainer and Payment.  The Client shall make a non-refundable retainer for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties.  The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. 

Payment for product orders shall be submitted to the Photographer on the same day of in-person viewing.

Any payment plan Contract agreed to by the Photographer and the Client shall be included as an addendum to this Contract. No products shall be delivered until the entire amount is paid in full.

2. Rescheduling/Late Arrivals.  In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 2 days prior to the scheduled event.  Reschedule must be within one month.  Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event.  Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. 

3. Re-shoots. Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or by not following the recommendations of the photographer.

4. Completion Schedule.  Completion schedules and delivery of products shall be determined from the date of purchase by the Client.  The order must be paid in full before products will be ordered. Most orders take approx. 3-6 weeks.

The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

5. Use of Independent Contractor.  In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Photographer is not liable for any actions by the Independent Contractor. This includes, but is not limited to, allergies as a result of use of the products/services by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor. 

6. Copyright and Reproductions. 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 {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.     

7. Client Usage.  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. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client.  Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release. 

8. Social Media.  The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.   The Client shall identify the “© 2023 Silver Image Photography” in the caption of all photographs uploaded to social media websites and profiles. 

9. Photography and Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.

10. Failure to Perform.  If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited. 

11. Substitute Photographer.  The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract.  The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

12. Photographer’s Standard Price List.  The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

13. Return/ RefundPolicy. You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances. All sales are final.  

14. Travel and Overage Fees. The Client shall pay an additional fee if desired location is more than 15 miles outside the zip code of 77389. If there are any costs/fees associated with the location the client has chosen for their session, the client will be responsible for those fees. 

15. Arbitration.  Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

16. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

17. Miscellany. 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. The laws of the State of Texas shall govern this Contract.

18. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.