This agreement contains the entire understanding between Jaida A. Photography, herein known as “Photographer”, and {clientName}, herein known as “MODEL”. Collectively, all of the above people or businesses entering into this Agreement will be referred to as the “Parties”. The purpose of this agreement is to provide photographic services. Model agrees to be present during the photo session and to have their images captured . Photographer and Model have agreed to provide such services according to the terms of this Agreement. 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.
TERM & SERVICES
Photographer shall provide Model with the following services and/or products ("Services"):
Services of Photographer.
Photographer shall provide Model with the following:
a. A photo session not surpassing two hours;
Services of Model.
Model shall provide Photographer with the following:
a. A full release for the use of all images by Photographer; and
b. Photography credit if posting to social media.
INTELLECTUAL PROPERTY
Copyright Ownership.
Photographer retains copyright ownership to all images that are created as a result of the Services provided by Photographer in accordance with this Agreement pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Photographer and may be used in the reasonable course of Photographer’s business. A print release may be purchased with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission.
Permitted Uses of Product(s).
Photographer grants to Model a non-exclusive license of product(s) produced with and for Model for personal use only so long as Model provides Photographer with attribution each time. Model uses Photographer’s property. Personal use includes, but is not limited to, use within the following contexts:
a. In photos on Model’s personal social media pages or profiles; or
b. In personal creations, such as a scrapbook or personal gift; or
c. In personal communications, such as a family newsletter or email or holiday card.
Penalty.
It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by the Photographer during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. Any violations of the stated permitted uses listed above, or any other method, will result in the client being invoiced for the cost of EACH digital image client has used, at photographer’s current price per digital file.
LIMIT OF LIABILITY
Maximum Damages.
Model agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Photographer.
Indemnification.
Model agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Model
Governing Law.
The laws of Maryland govern all matters arising out of or relating to this Agreement, including torts.
Severability.
If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice.
Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Photographer's Full Name: Jaida A. Moore
Photographer's Company: Jaida A. Photography
Photographer's Email: info@jaidaaphotography.com
Photographer’s Address: 2314 Olson St., Temple Hills, MD 20748
Amendment.
The parties may amend this Agreement only by the parties’ written consent via proper Notice.
MODEL RELEASE
I hereby give to Jaida A. Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.