Portrait Contract

Portrait Session Agreement

THIS AGREEMENT is made by and between Client(s) named below and Tennille Gore and Tennille Gore Photography whose principal place of business is 5725 Suite C-4 Oleander Drive, Wilmington, NC 28403(“Photographer”).

Names

Phone

Address

Email

Services: Photographer agrees to provide Services to Client as detailed in the Package listed below:

photograph Client’s session/portrait session fee covers artistic fee and expenses of said session, no digital files or print products are included in the session fee unless otherwise indicated;
perform color correction and other touch-up services to the images that are selected for purchase; and
provide client with products as selected at their in person reveal and ordering appointment once payments have been received in full.

Retainer and Payment : Client shall reserve the time and date of services by signing and returning this contract along with the nonrefundable retainter of one half of the total session fee. No date is reserved until the executed contract and nonrefundable retainer are received. The first payment and balance are due on the dates listed above. If Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not perform any additional services. Returned checks will be assessed a $50.00 non-sufficient funds fee, and all future purchases/payments must be paid by certified check or money order.

Cancellation: If for any reason Client cancels this Agreement on any date after execution, Photographer shall be entitled to keep the total amount due as of the date of cancellation. Cancellation must be made in writing and signed by Client. If cancellation occurs less than five (5) days before the session/portrait date, Client shall be required to pay the full balance due.

Reschedule :
1. Should the session/portrait be rescheduled or postponed, the amounts paid may be applied towards a new date based on Photographer’s availability. If Photographer is not available on the rescheduled day, the session/portrait shall be treated as a cancellation, as detailed in Paragraph 3 above.
2. Should the session/portrait be postponed as a result of power failures, acts of God such as weather related emergencies, serious illness or injury of any party, or any other cause not under the direct control of any party to this contract, no parties will be held to the terms of this Agreement. Should Photographer be unavailable for the rescheduled date, Client will be refunded all monies paid less the nonrefundable retainer and expenses.

Liability: If Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of nature, accident, illness, injury, or technical problems, and if Photographer cannot provide another competent professional to perform Client’s services, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this Agreement. This limitation of liability also applies to any loss or damage of photographs or failure to deliver photographs for any reason. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises. Client hereby agree that Photographer is not responsible for any damages or liability arising from Client’s or other vendors’ negligence.

Emergencies: Serious injuries or death of any of the parties to this Agreement or an immediate family member of any of the parties to this Agreement, with documentation from a physician, funeral director, etc., will cause this Agreement to be void. In the event of Photographer’s sudden illness preventing appearance or performing this Agreement, Client have the option of allowing Photographer to transfer this Agreement to a qualified professional photographer or contracting with another photographer. All monies paid by Client, less expenses, will be returned in this case.

Exclusivity : Photographer shall be the exclusive photographer retained for the session/portrait. Photographer may bring one assistant and/or a second photographer at its discretion. Photographer is not responsible for compromised coverage due to causes beyond its control such as tardiness of any principals, weather conditions, schedule complications, rendering of decorations, or restrictions of the venue. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage.

Permits, Location Fees, and Expenses: Client will be responsible for obtaining any and all permits and/or paying any fees or commissions required by any venue, person, or location being utilized for the session/portrait included herein. Any additional expenses beyond what is outlined in this Agreement, including, but not limited to, travel, lodging, admittance, and parking fees, will be the responsibility of Client.

Print/Album Orders and Delivery: It is the responsibility of Client to order products included as part of Client’s package within six (6) months after proofs have been provided to Client. Included products not ordered within this time shall be forfeited. Client understands that all proofing, ordering, and printing for friends, family, and third parties will be provided online at the prices published online at the link provided by Photographer. Any orders for prints, albums, or other add-ons not included in the Services described above must be paid in full at the time the order is placed. Charges for additional services and products other than those referenced in this contract are subject to rates current at the time they are ordered. Client acknowledges that some phases of production are dependent on suppliers and outside contractors and may be subject to delay.

Model Release: This Agreement serves as a model release giving Photographer the irrevocable right to use the images in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Photographer. Client waive any right to inspect or approve the image(s), finished version(s) incorporating the image(s), or the use to which such image(s) may be applied, including written copy that may be created and appear in connection therewith. This release is binding on Client, along with his or her legal representatives, heirs, and assigns.

Copyright: Photographer owns the copyrights to all images from Client’s photography sessions, inclusive of all digital images, along with the prints and storage media of such images (collectively, the “Works”) under the United States Copyright Act (17 U.S.C. §§ 101 et al .). Client hereby waives any claims for ownership, income, editorial control, and use of the images. Client acknowledges that any unauthorized duplication, transmission, or dissemination of the Works constitutes copyright infringement, is unlawful, and may be subject to legal proceedings. If there are any copyright violations by Client, Photographer will be entitled to damages equaling ten (10) times Photographer’s then-current licensing fees, as actual damages would be difficult to calculate.

Miscellaneous: This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of North Carolina shall govern this contract. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this Agreement become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement. This Agreement may be executed in any number of counterparts with the same effect as if all parties had signed the same document. All counterparts shall be construed together and shall constitute one instrument. Portable document format (PDF) versions of the executed Agreement shall be as effective as an originally executed document.

Client's Name and Date

Release by Parent/Guardian of Minor Child

I am the parent or legal guardians of the minor above named, and have legal authority to execute this Agreement on his/her behalf. I have read and fully understood the contents of this Agreement and consent to the use of said images based on the contents of this release.

Minors Name, Age, & Date

Studio: Tennille Gore Photography

I have read and agree to the terms of this Agreement. I understand that session fees do not include any digital or print products beyond the credit specified in my invoice. I understand that all images will be presented in an in person appointment, and images not purchased at that time will not be retained. I understand that I am purchasing custom portrait services and products, and due to that nature a turn around times will reflect that. I have signed this Agreement without undue influence and of my free and voluntary act. Type Full Name and date here to serve as your digital signature.