This agreement is between Ellen M. Ward, hereinafter referred to as the “Photographer”, operating in the State of Missouri, and the signers of this portrait photography agreement, hereinafter referred to as the “Client”, collectively referred to as the “Parties”, with the portrait session detailed below.
The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
Client Name: Alicia Laken
Date of session: November 2,2017
Approximate time of photography: 9:00am
This agreement contains the entire understanding between the Photographer and the Client. 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. If the Parties want to waive one provision of this agreement, which does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Photography will begin at your session time and will continue for a period contained in your package, or until the Photographer believes she has the appropriate photos for the customer. Note: photography can occasionally take longer than planned depending on weather conditions, client participation and other non-planned occurrences. The photographer will make every effort to capture an appropriate set of images within the time allotted.
Change of Date or Location
The Photographer must be notified immediately of any changes to date or location, at least 24 hours prior to the scheduled photo shoot. Notification of any changes can be made by phone along with written notice send via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 2 days prior to date of photography. Should the Photographer need to reschedule for any reason, the client shall be notified at least 24 hours prior to the scheduled session.
A session fee, equivalent to 100% of the quoted package price is due at the time of booking to hold your session unless otherwise notified by the photographer.
This is a non-refundable fee. In the event of cancellation, the session fee paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a session fee is received. The session fee shall be applied towards the total cost of the service to be rendered. If final payment is not received, the Photographer will not be expected to complete the photography session.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Clients are responsible for all location fees and permits.
Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.
Permission is hereby granted to the Photographer to tastefully use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution images on CD/DVD/USB/Download, Clients will be given a written release to make personal copies of images from CDs/DVDs/USBs/Downloads. The client understands the images given on CD/DVD/USB/Download cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
The client understands the final images images given on CD/DVD/USB/Download cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer. The client further understands that screen capturing/printing of photos in any gallery is not permitted and photos may not be edited by the client or other parties unless explicitly given permission to do so. The client agrees to post only final-edited images with watermarks in any social media forum.