Basic Portrait Session Terms And Conditions
BASIC PORTRAIT SESSION TERMS AND CONDITIONS
Photographer will photograph Client for up to 1.5 hours at an agreed upon date and time. This time frame will be referred to as the Session. Photographer will provide Client with access to the photos in accordance with the rest of this Agreement.
This Agreement becomes effective upon the Parties signing and dating this Agreement, below.
DESCRIPTION OF SERVICES
Photographer will photograph Client or Clients. Photographer will make a good faith effort to achieve Client’s desired results. However, Photographer will maintain ultimate discretion and control over the Session. Photographer will use the equipment that Photographer finds appropriate and will take the photographs that Photographer finds appropriate. Client’s desired results are limited by the terms of this Agreement.
NO GUARANTEED RESULTS
As stated in “Description of Services” of this Agreement, Photographer will make a good faith effort to achieve Client’s desired results. However, photography is a subjective art form, and Client acknowledges that Photographer cannot and will not guarantee any particular results, including Client’s desired results.
The service fee is $250 plus tax for the basic portrait Session. The service fee is due even if Client stops the Session before the allotted time as established in the “Basic Session Overview” area of this Agreement.
A non-refundable retainer of $125 is due at the signing of this agreement or at another time as agreed by the Parties. The service fee, when due, will be reduced by the amount of the retainer. No photography will take place and no rights are granted until the retainer is paid in full. Photographer will not reserve the Session date and time until the retainer is paid in full.
Once services are rendered, Client must pay the service fee upon completion of project prior to delivery of final file(s). If the balance is not paid in 72 hours, Photographer may withhold Client’s access to the photos from the Session. In addition, a late payment fee of 20% of the total project price will be added every five business days until the Session is paid in full.
SCOPE OF WORK CHANGE ORDER
In the event Client request addition work beyond what is reasonable as determined by the Photographer, Client will be subject to pay additional costs and/or approve an amended scope of work or separate scope of work.
Upon both Parties signing this Agreement, and upon Client furnishing Photographer with the agreed-to retainer, Photographer will reserve the Session time and will not make another reservation for the specified time frame. For this reason, all retainers are non-refundable, regardless if the Session is cancelled or changed for any reason. Fees, once paid, are non-refundable as well. Refunds will only be allowed as established by §Limits of Liability of this Agreement.
IN THE EVENT PHOTOGRAPHER CANNOT PERFORM
In the event of Photographer’s foreseeable illness, conflict or inability to perform, Client agrees that Photographer may assign and delegate performance and obligations of this Agreement to another professional photographer at Photographer’s discretion. In the event that Photographer cannot perform or the Session does not take place, Photographer is not required to service a later Session.
It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the Session while Photographer is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes cell-phone cameras, digital cameras, and their equivalents.
LIMITS OF LIABILITY
If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Photographer will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement. Photographer will also return all retainers and fees, but will not be liable for any other injuries, if photographic materials are damaged
in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of Photographer. In no event, regardless the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from Photographer’s services or lack thereof. Photographer shall only be liable up
to the price of this Agreement.
PHOTOGRAPHER’S STYLE & DISCRETION
Client understands and agrees that Client is hiring Photographer to perform Photographer’s services in Photographer’s own discretion and style. Client has no authority to control the manner in which Photographer takes photos. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer’s photography.
Photographer will archive digital files of all photos taken for Client for up to 2 weeks. Photographer does not guarantee back-up photographs, prints or data after this time.
RESTRICTIONS ON USE OF PHOTOGRAPHY
All photos and images taken by Noble Crawford IV and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer. Noble Crawford IV may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Subject, model, or talent expressly agrees to release to Noble Crawford IV any personal or proprietary interest in the photographic materials that result from the Session and agrees that Noble Crawford IV may showcase, sell, or otherwise distribute photographic materials from the Session, including those depicting Model.
• Client shall not modify or otherwise alter Photographer’s photographic materials.
• Client shall not publish, post physically or in digital form, including on any social media website, blog or application, any of Photographer’s photos without attributing Photographer.
• Client shall never distribute or make available for download or reproduction any of Photographer’s photos without written consent of Photographer, unless the photos include Photographer’s watermark.
INTELLECTUAL PROPERTY RIGHTS & RELEASE
All photos and images taken by Noble Crawford IV and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer, even after full payment by Client and distribution to Client. Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Client expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the Session, and agrees that Photographer may showcase, sell, or otherwise distribute photographic materials from the Session, including those depicting Client.
APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT
The Client(s) expressly agree(s) to take best efforts to provide [Photographer] and Photographer’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Photographer] staff, [Photographer] will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, [Photographer] shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Photographer] harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Photographer’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Photographer] resumes work detailed in this Agreement.