3. Payment Arrangement
The Client will pay the Photographer the total fee specified no later than the time of session. The total fee will include the amount specified in Section 2 as well as mileage and lodging as specified below.
For photography sessions beyond 10 miles of the city limits of Oronogo, MO the Client is responsible to pay a travel fee. Travel fee is $100/per hour (60 mins) of travel time.
The total fee is due at time of session. -
Payment can be made in the following ways:
Paypal 5% service fee will be added. (Please contact Erin Mitchell Photography to send invoice)
Check (payable to Erin Mitchell Photography, LLC)
Cash
Return Check Fee $45
4. Copyright
The Photographer retains the entire copyright at all times throughout the world for the photographs taken during the specified session. Where a digital file of photographs has been provided to the Client as a part of their personal collection, these photographs may be printed and displayed at home and on-line, for personal but not commercial use.
The Photographer retains the right in all cases to use the photographs obtained under this agreement in any manner at any time in any part of the world for the purpose of advertising or otherwise and maintains ownership of the original digital file.
5. Image Size, Color, Style and Composition
All image sizes are approximate. The Photographer will provide a pleasing color balance but cannot guarantee an exact color match to the environment the photograph is taken in. It is sometimes not possible to record in print the exact color as seen by the human eye. There is no right to reject photographs on the basis of style or composition.
6. Attendance
In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances, the Photographer reserves the right to reschedule or appoint another Photographer to attend on her behalf to undertake the photography service as outlined in this agreement. The Photographer shall notify the Client at the time of the unlikely event of any rescheduling or of the name and contact information of a Replacement Photographer.
If the Client is unable to attend the session as outlined in Section 2 due to unforeseen circumstances he/she is responsible to notify the Photographer and reschedule a session.
Tardiness- In the event you are not present at the start of your start time, please notify photographer as soon as possible. Your session will need to be rescheduled if you are more than 15 mins tardy.
7. Indemnity
The Photographer agrees to indemnify and hold harmless the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third party copyright works, trade marks, designs, or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed upon before the day of the session. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.
8. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
9. Model Release
In consideration of the engagement as a model, I hereby grant to Erin Mitchell Photography , his/her legal representatives, the absolute right and permission to copyright and use, reuse,and publish, photographic portraits or pictures of me and or My Minor Child/ Children. These pictures may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time. I also consent to the use of any printed matter in conjunction. I hereby waive any right that I may have to inspect or approve.
I hereby release, discharge the Erin Mitchell Photography from any and all liability that has or could occur in the taking of these pictures. I acknowledge that I am at least 18 years old, and have the right and ability to consent to these terms. I have read, understood, and agree to these terms. I understand that I am or may be giving up certain legal rights by signing this release
10. Cooperation of all Parties
All party members should willingly and joyfully cooperate with the photographer. Photographer will not be held responsible for any member of your party not copperating during the photo session.
Session will start at appointed time. If parties are late or no show the photographer has the right to refuse appointment/ session.
11. Delievery of photos- A computer is required to download images. CD's of photos are not available.
12. Alteration/ Editing/Screenshots- No party shall alter photographers images in anyway, this includes social media or other filters added to photos. No party shall screenshot watermarked images for personal use, to remove watermark you must purchase image. Any Party that screenshots will be invoiced for said image.
13. Back up/ Archive of Photos- Your gallery of photos will be kept on file for 30 days and then all photos will be Archived/ deleted. It is not the resposiblity of the photographer to keep and or store your photos any longer than 30 days from the date of your session. By signing below, you acknowlege and accept that you will download your images within 30 days.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.