This agreement is between Moments in Life Photography (hereafter “Photographer” “the Photographer” or “Photography Company”) and the Clients listed on Page One of this contract form (hereafter referred to as “CLIENT”).
1. Scope of Work:
This contract is for services and products related to a photography session (hereafter “session” or “the session”) to take place at the following time and place listed on Page One of this contract form. PHOTOGRAPHER agrees to provide no fewer than 10 photos for CLIENT to view after the session, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.
2. Fees:
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $190. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The initial payment covers the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this SESSION for any reason, the initial payment will not be returned to CLIENT. The balance of the payment for photography services must be PAID IN FULL at the time of the SESSION detailed in Section 1: Scope of Work. If CLIENT is required to purchase portraits separately after the SESSION, payment for those portraits is due immediately upon order of portraits by the client.
3. Work Product:
PHOTOGRAPHER will provide a portrait viewing session to CLIENT no more than thirty days (30 days) after the date of the SESSION. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these proofs except for a license to review them, but not store the proofs. All portraits delivered to CLIENT are licensed for CLIENT’S personal use only. Portraits from the SESSION to be delivered to the client will be according to the following order.
ALL PORTRAITS MUST BE PURCHASED SEPARATELY.
CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver portraits in a reasonable amount of time after the CLIENT has made a final order.
4. Indemnification:
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SESSION.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SESSION.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the portraits from this session 60 (sixty) days after the portraits have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER will strive to present portraits in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. Duty of Client:
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SESSION.
PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Exclusive Photographer:
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
7. Model Release:
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sub-licensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell portraits containing CLIENT’S likeness to third parties.
8. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.