This Contract is between the Client, whose name and address is listed above, and Jessica Alsip.
AGREEMENT Overview: This Agreement expresses the full and complete agreement between the named parties and Four Fourteen Photography, regarding the subject matter hereof. It supersedes all prior agreements. The only way to add or change this agreement is to do so in writing, signed by all parties. No part of any order will be delivered until the balance is paid in full. Payment for digitals or prints is required in full at the time of placing an order. Prints will not be ordered until payment is made.
Liability: If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, accident, illness, or technical problems, and if she cannot provide another competent professional, 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/damage of photographs or failure to deliver photographs for any reason. For a partial loss of photographs shall be pro-rated based on the percentage of total. 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.
Coverage: Photographer will provide coverage for the dates, locations and continuous hours specified in this agreement. Additional travel or coverage hours may be added by agreement and must be paid in full before any photos or products are released to the client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only.
Client shall assist and cooperate with photographer in obtaining desired images. Photographer shall not be responsible for photographs not taken as a result of client’s failure to provide reasonable assistance or cooperation. Client will be respectful to photographer and all parties being photographed. Photographer has the right to end the session, without refund, if there is lack of cooperation or respect.
The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Images determined by the photographer to be substandard or duplicated may be edited out. Such selection shall constitute all images that will be made available to Client. Original photographs are not included, only edits. Photographer retains the right to edit the photographs and omit any image. It is understood that the photographer will not deliver every exposure taken. Client agrees to abide by photographers editing decisions.
No part of any order, including previews, will be delivered until the balance is paid in full. Payment for prints is required in full at the time of placing an order. Prints will not be ordered until payment is made.
Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs 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. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Four Fourteen Photography. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
Copyright: All photographs taken Four Fourteen Photography are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties. Photographer reserves the right to use negatives, RAW images, edited images, and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, Facebook, business cards, or posters.
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce thee photographs without Photographers permission, and violators of this Federal Law will be subject to its civil and criminal penalties. In the event Photographer files suit to enforce any term or condition herein, Photographer is entitled to expenses of litigation, including reasonable attorney fees.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution discs and/or proof sets may contain a mixture of color and sometimes black and white. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab.
USB Drives: Upon receipt of a USB Drive, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to USB provided. It is Client's responsibility to make sure that digital files are copied to new media as required. Photographer will make every attempt to keep archival copies of photos, but does not guarantee that they will be retained indefinitely. Backup copies are for client use only and may not be distributed to others.
Liability Release:
I, having agreed to act as a model, hereby assume all of the risks of participating and/or volunteering in this activity or event, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that there are no health-related reasons or problems, which preclude my participation in this activity or event.
I waive, release, and discharge from any and all liability, including but not limited to, liability arising from the ordinary negligence of the provider or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: FOUR FOURTEEN PHOTOGRAPHY and/or their owners, the activity or event holders, activity or event sponsors, activity or event volunteers;
I Indemnify, hold harmless, and promise not to sue the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of such entities or persons otherwise.
I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event. Client will not hold photographer the owner of property liable for any injury that may occur during the session.
I certify that I have read this document and I fully understand its content. I am aware that this is a release of liability and a contract and I sign it on my own free will.