Basic Portrait Photography Agreement

This is an agreement between a photographer and a client for portrait photography to be shot during a session or an event. The one we use can be found at: http://www.jessicamonte.com/http://www.jessicam....

Session Date : Session Date
Time Photography Starts: Photography Start Time

This agreement is between Photographer Name, hereinafter referred to as the "Photographer", operating in the State of Photographer Operating State, and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", 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.

Contracting Parties

Client Name
Client Street Address
Client City
Client State
Client Zip Code
Client Telephone

Additional Contact Information (this information is required in case the Photographer is unable to contact you)

Additional Contact Name
Additional Contact Street Address
Additional Contact City
Additional Contact State
Additional Contact Zip Code
Additional Contact Telephone

Session Location

Location
Venue 1 Name
Venue 1 Street Address
Venue 1 City
Venue 1 State
Venue 1 Zip Code
Time: Venue 1 Time

Agreement Overview

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, that 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.

Coverage

Coverage will begin at Coverage start date/time , and continue for the number of hours purchased, contiguously.

Change of Date or Venue

The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent 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 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.
The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.

Retainer

A retainer fee of $Retainer Fee Amount is required for all portrait sessions.
This is a non-refundable retainer. In the event of cancellation, the retainer 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 retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of session. If final payment is not received, the Photographer will not be expected to attend said session. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.

Cancellation

There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography 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 of the cancellation.

Copyright

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 and/or subcontractor(s) 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 herby granted to the Photographer to 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, Clients will be given a written release to make personal copies of images from CDs or DVDs. 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.

Social Media

It is understandable that the Client might want to post their new photographs on the Internet via Facebook, Twitter, Tumblr, Instagram, and/or any other social media outlets. This agreement will serve to allow posting low-resolution or high-resolution photos to social media sites, only in the case that [PHOTOGRAHERS COMPANY] is credited and that photos are NOT altered with editing or filters. Additionally, it is understood that the client will NOT remove, or have removed, watermarks from Internet images [PHOTOGRAPHERS COMPANY] has uploaded to Facebook or their website, or from the low-resolution images offered for free to clients who have purchased prints. The Client or any guest can purchase photographs that do not have a watermark.

You are permitted to click the “share” button on any photos posted to [PHOTOGRAPHERS COMPANY]’s facebook (http://www.facebook.com/jussbyjs) page or website (http://www.jussmedia.com). Sharing can NOT be done via screenshots of photos on Facebook or the Proofing gallery.

Creative License

Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.

Model Release

The Client grant the Photographer and its legal representatives, heirs and assigns, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising and any other purpose and in any manner, to alter the photographs without restriction; and to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

Force Majeure

If the Photographer 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 any moneys paid by the Client, less retainer 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 prorated amount of the exposures lost based on the percentage of total number of originals.

Returned Checks

Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

Cost of Portrait Photography

Please make all checks payable to Photographers Company

Session Type: Package name/number
Chosen packages, and options should be noted below.
Package Details

Additional Products:
Type 1 x Type 1 Quantity = $Type 1 Cost
Type 2 x Type 2 Quantity = $Type 2 Cost
Type 3 x Type 3 Quantity = $Type 3 Cost
Type 4 x Type 4 Quantity = $Type 4 Cost
Add additional products and locations as necessary, with quantities and costs for each. If there are none, delete the respective sections.

Additional locations $Additional Locations Cost each x Additional Locations Quantity = $Additional Locations Total Cost

Additional Products Total = $Additional Products Total Cost

Initial Package Total = $Initial Package Total Cost

Sub Total $Sub Total Cost + Sales tax $Sales Tax Amount = Final Total $Final Total Cost

Final Total Package Balance Due: Final Total Package Balance
(This total is due before or on the date of event. No photography will be fulfilled without payment in full.)

This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above and below terms and conditions, and acknowledge that they have received, read, and understand the Photographer’s current price list.

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