This is a document to ensure both the Photographers or Videographers and Clients rights are kept.
Photography and Videography Agreement
Photographer or Videographer: Zoey Crites
The final product is due approximately 1 month after specified date.
This agreement is between Zoey Crites, hereinafter referred to as the "Photographer" or "Videographer", and the signers of this Contract, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed above. 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.
Coverage will begin at your given time slot, and continue for the number of hours purchased, contiguously.
Change of Date or Venue
The Photographer or Videographer must be notified immediately of any changes in schedule or location. Notification of any changes can be made via phone. Along with written notice in the booking information made by the Photographer or Videographer for documentation. A confirmation of receipt must be sent back by the Photographer or Videographer in writing or via selected communication. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer or Videographer. The Photographer or Videographer kindly asks that the Client get in touch with the Photographer or Videographer one week prior to the date of the event in order to touch base and go over last minute details. The Photographer or Videographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer or Videographer to confirm all events and times.
A Deposit fee (which is specified by the Photographer or Videographer at time of booking) is required for all bookings and must be paid at the time of booking in order to ensure your chosen date is soley reserved for you. This is a non-refundable deposit. In the event of cancellation, the deposit shall be paid and 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 Deposit is received. The balance of the complete package price must be paid before of final images or video. If final payment is not received, the Photographer or Videographer will not be expected to attend said event or turn over images or video to the clients.
It is the client's responsibility to pay all of their payments. The Photographer or Videographer has the right to withhold pictures, videos, DVD's, CD's, and such until the client is paid and full. If the client fails to pay they are responsible for paying the necessary late fee. The photographer has every right to use your content even if you have not paid. However, you as the client have no right to use such content if the client's payments are not all paid.
If the client refuses to pay upon the date of the Photographers or Videographers choosing then the client is responsible of paying $15 extra for every week the payment is late. This is to ensure the Photographer or Videographer will receive their payment for they have already worked for you.
If the client's are late to the shoot, event, or filming, then they will be responsible for paying the Late Payment for this will compensate the Photographer's or Videographer's time while they patiently waited for the client's. This Late Payment requires the client's to pay an extra $20 for every hour the client's are late.
There shall be no refund of deposit after the signing of the Agreement and the reservation of the date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer or Videographer of the cancellation.
If the client cancels before the two weeks they will owe the photographer or Videographer a cancellation fee of $50. This compensates Photographer or Videographer's time as they have already put in time and work with the clients 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 or Videographer 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 the church or location restrictions. The Photographer or Videographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer or Videographer 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. During the formal photo time we also ask that you have someone who knows your families well to assist us in calling the family members when it is their time to be photographed. The Photographer or Videographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer or Videographer will not be held accountable for not photographing or filming desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer or Videographer 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.
Photographer or Videographer Rights
The Photographer or Videographer has created the Work and has full right, title, and interest to their work. If the Photographer or Videographer wishes to re-sell the work in this contract they have full right to do so. The Photographer or Videographer has no responsibility to hold files of this contract six months after the turn over date. Therefore, they are not liable to consequences from the clients if files cannot be turned over to them after this point.
The Photographer or Videographer will not deliver Raw footage or photo's. This is because they need to edit all footage and photos.
Clients are responsible for all location fees and permits.
After the Photographer or Videographer has delivered the final project the Clients shall make no changes to the final project. This includes but is not limited to re-editing, taking out the watermark, cropping out the watermark, cropping the photo, putting a filter over the photo, and any other acts changing the photo without permission of the photographer. If the Clients Print the Photographers work without their knowledge or permission the Photographer is not responsible for poor resolution, quality, print jobs, or any other bad outcomes due to printing outside of the Photographer.
No Slander, Libel, or Defamation
The client has no right to slander this Photographer or Videographer, or act out in a way of which will harm the Photographer or Videographer, and their business. As the Photographer or Videographer has no right to publicly slander the clients name. If for any reason you are displeased with your service in any way report this to the Photographer or Videographer and they shall decide what will be done to please the client. If the Photographer or Videographer deems your services the best they had to offer they are not responsible for the client's Dissatisfaction. The Client may also not file any unnecessary disputes or refunds.
Title (possession) of and copyright to all products shall remain with the Photographer or Videographer. All photos or film produced from the Photographer or Videographer are copyrighted. The negatives and or digital images (hereinafter collectively called the “images”) and the videos recorded at time of the event (hereinafter collectively called the "films") created by the Photographer, Videographer, and/or subcontractor(s), remain the property of the Photographer. It is illegal to copy, scan, reproduce, crop, or to be re-edited by anyone other than the original Photographer or Videographer. Removal of business logo, or post online in forums or elsewhere without the written permission of the Photographer or Videographer is against the copyright. Violators of this federal law will be subject to its civil and criminal penalties.
Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, the Photographer and Videographer portfolio, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images and films produced by the Photographer, Videographer, and/or the Photographer's subcontractors. If purchasing Hi-Resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CD's or DVD's. However, DVD's and CD's are sold by the Photographer or Videographer. The client understands the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
Non-Business Logo Images
Any images produced by the Photographer or Videographer that do not contain the business logo are only to be used for prints. The clients must contact the Photographer or Videographer when printing these images. These images are not to be posted on any online platform by the clients, if Non-business logo images appear online the Photographer or Videographer reserves all rights to have them banned, taken down, or press charges. The Photographer or Videographer also reserves all right to retain, give out, or produce non-logo images.
The Photographer, Videographer, and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images. The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Images and films are edited at the Photographer’s or Videographer's discretion, and delivered prints are not included but can be purchased after the images are delivered at an additional cost. The Photographer or Videographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
If the Photographer, Videographer, or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return half of the money paid by the Client, except for the deposit fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a half amount of the exposures lost based on the percentage of total value of originals.
If the client goes against this contract after signing then the Photographer or Videographer has every right to take any action they seem necessary. For it is the clients duty to read, understand, and comply with every aspect of this contract.
In Witness Whereof, the parties hereto have signed and agreed to this Agreement as of the date first set forth above.