Portrait Photography Contract Form

Name *

First Name Last Name

E-mail *

Phone Number *

Area Code Phone Number

How did you hear about me ? *

Google or Search Social Media (Facebook, Insta, etc.) Friend Came across Website

The Shoot / Concept

What will these images be used for ? *

What are your goals for the shoot? How would you like to see yourself ? *

What type of emotions or mood(s) do you wish to convey? They can be different *

Do you tend to be nervous or comfortable in front of the camera? *

What type of setting would you like ? (check all that apply) *

Home: Bedroom / Bathroom Home: Living Room / Kitchen Home: Yard / Car Location: Park, field, pond Location: Cafe / Office Professional Studio (w/lighting)

Do you have any concerns, requests or things that might be helpful for me to know?

IMAGES: You

Please feel free to upload a few images of yourself; face, body, whatever you like.

You

Browse Files

You

Browse Files

You

Browse Files

You

Browse Files

IMAGES: Outfits
Please feel free to upload a few images of outfits you are considering

Browse Files

IMAGES: Poses or Images you like
Please feel free to upload a few images that inspire you or that you like. They can be taken from the web or magazines

Browse Files

Terms & Conditions

The individual signing this Contract is doing so in representation of all parties to be photographed, and hereafter will be referred to as "Client". It is understood that Client is entering into a formal agreement (hereafter referred to as “Contract”) with E. Louis Photography (also referred to as the “Photographer”). This Contract constitutes the entire agreement between both parties and will apply to all future transactions.

Where indicated, Client will check a box to acknowledge they have read, understand, and agree to the terms.

CREATIVE FEE / DEPOSIT *

Creative fee is due in full at the time of booking. If photographer elects to accept a deposit - balance must be paid prior to shooting. Creative fee covers the time and talent of the Photographer and unless otherwise specified does not include prints, digital files or products. Some digital file are however included in some packages. Creative Fee on Day of shooting becomes non refundable.

CANCELLATION POLICY *

Cancellation Policy: All cancellations or appointment change requests should be made as soon as practical. We would appreciate at least 96 hrs. notice for any change to or cancellation of your appointment. Cancellations made within 48 hours will be billed at 50% of the service fee. "No show" Appointments or "Day Of" cancellations will be charged in full. Thank you

SESSION RESCHEDULING *

Client Rescheduling shall take place within the times specified above. In the event that a CLIENT needs to reschedule due to emergency, E. Louis Photography will allow for one session reschedule, in accordance with Photographers availability, otherwise it shall be treated as a cancellation or no show. Last minute rescheduling (within 96 or 48 hrs as noted above) is subject to a 30% penalty fee. In the event that CLIENT reschedules his/her session a second time, they shall be invoiced the new full amount which shall be prepaid and become non refundable under any circumstance.

LATE ARRIVAL *

CLIENT acknowledges that he/she must arrive on time to her scheduled portrait session start time. If CLIENT is late to her scheduled start time, time will not be extended or rescheduled. Refunds are not available for portrait sessions cut short or entirely missed due to CLIENT'S late arrival.

LOCATION ACCESS, FEES, PERMITS + HOUSE RULES *

If CLIENT wants to shoot at a location that charges for access or requires permits, CLIENT shall be responsible for organizing access and for all fees associated with shooting there, including but not limited to entrance fees and parking.

ARTISTIC STYLE *

On CLIENT'S own behalf, and on behalf of the subject(s): CLIENT acknowledges that E. Louis Photography requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENT are familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from CLIENT and /or the Subject’s vision of the session.

COPYRIGHT & IMAGE USE BY E. Louis Photography *

: The photographs produced by Belle Marie Art & Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Belle Marie Art & Photography's written consent. Belle Marie Art & Photography owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to CLIENT or notification to CLIENT before use. Belle Marie Art & Photography also reserves the right to publicly display the names of CLIENT As author of all images made hereunder and as provided by law, Belle Marie Art & Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by CLIENT without written consent of Belle Marie Art & Photography, CLIENT will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate. This provision is subject to the LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE and PRIVACY provisions in this contract.

ARCHIVAL OF IMAGES *

Belle Marie Art & Photography deletes all RAW images upon delivery of the final JPEG files to CLIENT. Once Belle Marie Art & Photography delivers the final JPEGs to CLIENTS CLIENT, CLIENT accepts all responsibility for archiving and protecting their images if digitals are purchases. Belle Marie Art & Photography does not permanently archive image files.

IRREVOCABLE MODEL RELEASE *

CLIENT must execute the model release in order to book a session with Belle Marie Art & Photography, even if CLIENT elects to not to allow Belle Marie Art & Photography to share images under the PRIVACY clause.

Model's Name

First Name Last Name

and (“Model”), dated *

Month Day Year

TERMS: *

For good and valuable Consideration, receipt of which is hereby acknowledged, I grant to Photographer, Belle Marie Art & Photography, her heirs, successors and assigns, my unlimited permission to license, use, reproduce and distribute images of me and/or my property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. I understand and agree that my images may be altered and modified to the point where I may even be unrecognizable. My images may be combined with other pictures, text or graphics. You may even combine my name or an alias name with my images. I understand that I will have no right to inspect or approve the final use of my images or copy that may accompany it. I agree that I have absolutely no right to compensation for use of my images. I warrant I will make no claim against Photographer or his assigns for compensation relating to the use of my images. I agree that this contract will be binding not only upon me, but upon my heirs, successors and assigns as well and that this release is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this agreement will be governed by the laws of the State of California, USA. RELEASE: By signing below, I hereby release, acquit, indemnify, hold harmless and discharge the Photographer, her employer, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of my images. If any suit is brought challenging the enforceability of this agreement, I agree to indemnify Photographer or his assigns for attorney fees and expenses. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

Signature *

PRIVACY: *

Belle Marie Art & Photography is committed to respecting the privacy of her clients. No images will be shown without the written permission from CLIENT as selected in this clause. Normally, Belle Marie Art & Photography will post teasers to her Facebook page shortly after the session; will blog the session as images are uploading to the final gallery; will share images on social media; will update her website galleries to include session images; and will use for promotional uses online and in print. (Please check all that apply)

LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE:: *

Belle Marie Art & Photography grants CLIENT a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying copyrighted digital images in this gallery ("Media"), according to the following terms: COPYRIGHT AND OWNERSHIP: Belle Marie Art & Photography retains all rights, license, copyright, title, and ownership of the Media, now and in the future. WARRANTIES; AS IS: There are no warranties associated with the copyrighted digital images in this gallery, express or implied. The Media are provided "as is." LOSS: Belle Marie Art & Photography is not responsible for the loss of your digital images once they have been delivered. It is your responsibility to back up your images upon receipt. THIRD PARTY CLAIMS: Neither Belle Marie Art & Photography nor our outside vendors will be liable for any third party claims or incidental, consequential, or other damages arising out of this license or buyer's use of the Media. PERSONAL WEB USE: Belle Marie Art & Photography permits clients to post the copyrighted digital images in this gallery for personal use on social media ONLY IF credit is given to Belle Marie Art & Photography and a link is provided back to Belle Marie Art & Photography. The copyrighted digital images may not be posted on business social media pages without the express written consent of Belle Marie Art & Photography. PERSONAL PRINT USE: Belle Marie Art & Photography permits clients to print the copyrighted digital images in this gallery for personal use in the following ways: prints up to an 8x12, greeting cards, photo gifts, photo books, and other small personal items. Prints larger than an 8x12 should be ordered through Belle Marie Art & Photography, as we cannot guarantee the quality of the images large than an 8x12 printed through any other lab. ALTERATION OF DIGITAL IMAGES: The alteration of the digital images in this gallery through the use of personal digital image enhancement software, including but not limited to Instagram, Picasa, Lightroom, Photoshop, etc., in any way, is strictly prohibited and is considered a copyright violation under Federal Copyright Law. COMMERCIAL USE/PERSONAL USE FOR MONETARY GAIN: Commercial use, or personal use for monetary gain, on the web or in print is strictly prohibited, unless written permission has been obtained from Belle Marie Art & Photography and credit is given to Belle Marie Art & Photography. Clients' vendors may email ___________ for written permission. OTHER TERMS: Any other utilization or reproduction is specifically prohibited without the express written consent of Belle Marie Art & Photography. Nothing contained herein shall be deemed a release of Belle Marie Art & Photography's copyright on any of the digital images.

WHAT YOU MAY DO:

- Display on personal websites, personal social media, and computers.

- Making image prints for personal use up to an 8x12.

WHAT YOU MAY NOT DO:

- Resell, re-license, sub-license, or redistribute without express written permission from Belle Marie Art & Photography.

- Use the Media in any way, whatsoever, in which you charge money, collect fees, or receive any form of remuneration, without express written permission from Belle Marie Art & Photography.

- Use the Media in any advertising without express written permission from Belle Marie Art & Photography.

- Use the media in a pornographic, obscene, illegal, immoral, libelous, or defamatory manner.

- Incorporate the Media into trademarks, logos, or service marks without express written permission from Belle Marie Art & Photography.

PRINTS AND PRODUCTS ORDERED THROUGH YOUR ONLINE STORE ("TERMS OF SALE"): *

These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases, Albums and/or other Products during your in home Design Consultation wiht Belle Marie Art & Photography. Other than as specifically provided in any separate written agreement between you and Belle Marie Art & Photography, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control. Belle Marie Art & Photography facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with outside vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products at your Design Consultation, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and Belle Marie Art & Photography's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

PRICING; PAYMENT TERMS: *

In order to purchase Products through Belle Marie Art & Photography, you are required to provide valid Payment Information. Belle Marie Art & Photography may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon our request. You agree to reimburse Belle Marie Art & Photography for any and all costs incurred in collecting amounts owed by you to Belle Marie Art & Photography or one of our outside vendors, including, without limitation, attorneys' fees and costs of collection agencies. You are responsible for any taxes that you are obligated to pay or that Belle Marie Art & Photography may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Belle Marie Art & Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, Belle Marie Art & Photography may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.

DIGITAL DOWNLOADS; SHIPPING TERMS AND POLICIES: *

If you purchase Digital Downloads or it was included in your contract, such download will be made available to you upon Belle Marie Art & Photography's receipt of your valid Payment Information. If you purchase Photo prints, Canvases, Albums or other physical medium Products, Belle Marie Art & Photography will use its commercially reasonable efforts (and our outside vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Most Products have a TEN BUSINESS DAY LEAD TIME before they will be ready to ship to you or be ready to be picked up. Belle Marie Art & Photography is not responsible for any delays in shipping. Belle Marie Art & Photography or our outside vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Belle Marie Art & Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. Belle Marie Art & Photography is not responsible for items lost by the United States Postal Service/UPS/Fed Ex or invalid addresses on order forms.

RETURN POLICY: *

Belle Marie Art & Photography guarantees your satisfaction with any physical Products that you purchase through Belle Marie Art & Photography. If you are unsatisfied with any Photos, Prints, Canvases, Albums and/or other physical Products you have purchased through Belle Marie Art & Photography's online store, we will gladly accept the return of any physical Product you have ordered for any reason within thirty (10) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will replace the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. Refunds are not available for Products that are not in a physical medium form (i.e., a digital download). To request a refund or replacement for any physical Product, please contact Belle Marie Art & Photography at Olivia@bellemariephotography.com within 10 days of receipt. Please do not contact your credit card company to dispute a charge before contacting us.

PRODUCT AVAILABILITY AND PRICING: *

Belle Marie Art & Photography or our outside Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.

PRODUCT DESCRIPTIONS; PRICING; ERRORS: *

Belle Marie Art & Photography strives to maintain accurate information in the online store and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other Studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Belle Marie Art & Photography or our outside vendors reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Belle Marie Art & Photography is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Belle Marie Art & Photography reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

A La Cart *

A La Cart

Layflat Album
10x10 Specalty Album 20 Page 2000
10x10 Leather Album 20 Page 1500
Acrylic Wall Art
24x36 1050
16x24 600
Gallery Wrapped Canvas
30x40 1250
24x36 1000
20x30 750
24x24 700
16x24 500
Bamboo Signing Board
16x24 1000
12x12 750
Storyboards
16x24 750
10x20 500
Graduation Announcments
50 Card Set 250
Art Prints 24x36 350
16x24 250
11x14 150
Gift Prints $50

COLLECTIONS *

COLLECTIONS

MUSEUM COLLECTION
$2000 specialty product credit
All inclusive high-resolution digital files
Premier slideshow
Custom designer 5x7 image box
5x7 mounted prints of all gallery images
luxe media storage
Senior App
%20 off any additional products
$3200
Value of 6,250

ARCHIVE COLLECTION (Most popular choice)
All inclusive high-resolution digital files
Premier slideshow
Custom designer 5x7 image box
5x7 mounted prints of all gallery images
luxe media storage
Senior App
$2200
Value of 4,250

Exhibit Collection
15 gift prints
1 – 16x24 Art Print mounted
$1800 specialty product credit
$1800
Value of 2,800

Frame Collection
15 gift prints
1 – 16x24 Art Print mounted
10x20 storyboard print mounted
$1000

ENTIRE AGREEMENT *

This document contains the entire agreement and full understanding between Belle Marie Art & Photography and CLIENT . It supersedes all prior and contemporaneous agreement between the parties. Any modifications to the agreement shall be made in writing and signed by all parties.

MISCELLANEOUS TERMS *

- Failure by Belle Marie Art & Photography to exercise any provision, right or portion of this agreement or enforce any portion of this agreement shall not be deemed a waiver of any right contained in this agreement. - The agreement shall be governed by and construed in accordance with the laws of the State of California. - Any such suit shall be filed in Orange County, California. - No party may assign this contract without all other parties’ written permission. - If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect. - If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control.

*

BY SIGNING THIS CONTRACT, ALL PARTIES AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING THE NON-REFUNDABLE NATURE OF THE RESERVATION RETAINER AND ALL OTHER PAYMENTS MADE.

Signature