Portrait Photography Agreement (21) MLP LLC

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....

Event Date : Event 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

Event Information

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

Venue 2
Venue 2 Name
Venue 2 Street Address
Venue 2 City
Venue 2 State
Venue 2 Zip Code
Time: Venue 2 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 Coverate 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 50% of the total amount owed for all portrait/event 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 event. If final payment is not received, the Photographer will not be expected to attend said event. 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. 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 of the cancellation.

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 the church or 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 recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. 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.

Exclusive Photographer

The Photographer 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 portrait 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.

Expenses

Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.

Event Food Service

A light meal is required for events up to 6 hours for the Photographer. For events up to and past 8 hours a full course meal is required. If no meal is provided, it is understood that the Photographer will leave the event to purchase a meal.

Garments

The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.

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.

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.

Cooperation

The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract. We recommend that the Photographer be provided with a helper (usually the best man or maid of honor) who will point out key individuals to be photographed. The Clients also agrees to give the Photographer sufficient warning of key events at the wedding to give the Photographer time to prepare e.g. Bouquet throwing, cutting the cake, speeches etc. Please note that not all guests at weddings like having their photo taken. In such cases the Photographer will use her discretion but cannot be held responsible for a lack of photos of these people.

Paparazzi Wedding Guests

All your guests will have digital cameras and all your guests will want to photograph the Clients. In the spirit of cheerful cooperation the Clients agree to give the Photographers precedence over the guests in order to take the photographs required for the wedding services described above. We cannot be held liable for a lack of wedding photos if guests taking their own photos of the Clients continually interrupt the Photographer's work.

House Rules

Note the Photographers are sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example some ministers insist that no flash photography is allowed, and others will insist that the Photographers shoot from a specific location. In such circumstances the Clients agree to accept the technical limitations that may be imposed on the equipment used. We advise the Clients to make themselves aware of the rules of the venue concerned and if necessary negotiate with the personnel concerned.

Limit of Liability

If a photographer is too ill or becomes injured and cannot supply the wedding services specified above the Photographer will try to book a replacement wedding photographer. If a replacement photographer cannot be found then liability is limited to a refund of any payments received. The Photographers have working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.

Copyright, Reproduction, and Model Release

The copyright of the photographs is retained by the photographer at all times throughout the world. A digital gallery of the images has been included for the clients as part of the wedding collection, these photographs will include a print release and may be printed, and or displayed online, for personal use. Commercial uses must be expressly approved in written form by the photographer and include citation.

The photographer retains the right to use the photographs for the purposes of advertising or otherwise promoting her work. Client agrees not to sell any of the files or prints without written permission from the photographer. The client agrees to have themselves and others in their photographs pictured in such a way. The client agrees that they are signing a model release to allow the use of their photographs (of themselves) for the photographer’s business purposes.

Social Media

This clause applies to all social media, including Facebook and blogs. When published online it is appreciated that citation of photographer be made either including madisonlarsen.com or @madisonlarsenphotography. The client agrees that they will under no circumstances alter the photographer’s photographs that are placed in public on the internet. As a photographer, I need photographs that are placed online to be accurate representations of my work so that future clients have a good understanding of the type of photographs that they’ll receive. The client agrees to be responsible for any family member or friend who posts our photographs online and agrees that they cannot be cropped (with the exception of the forced cropping for Facebook’s Timeline), altered in color, or edited in any way.

Retention of Delivered Files

Once the JPEG files are delivered to the client, it is the client’s sole responsibility to protect and retain their images for the future. It is highly recommended that DVDs or USB drives be duplicated and stored in multiple locations that are cool and dry. (Technology can be fickle; one of the best ways to ensure the client’s images will last for generations is for the client to print them.) If client requires old files to be duplicated by the photographer, and they are still within the photographer’s possession, a restocking fee may be applied.

Satisfaction & Accuracy

The client agrees that the work delivered will be of a similar style and caliber to those photographs on our website and blog, and that the photographer will have complete creative control during the photographs and in post-processing. The images will be delivered in JPEG format (no RAW or DNG) with a mix of color and black and white images, and deemed appropriate by the photographer. No re-editing will be done after the final edited copies are presented to the client unless there are specific editing that the client wants done for a certain fee depending on the circumstance.

The client agrees that the photographer can only capture the wedding that happens; weather, location, schedule complications, time restraints and subject’s ability to cooperate, are all factors in the quality of the photographs. The photographer will not edit for physical size, hair, nor any other physical appearance issue other than blemishes. Any additional edits wanted by the client will come at a rate TBD.

Delivery of Files

The photographer will deliver the files via a digital gallery where the client can download the images and store them. The photographer does not guarantee a certain amount of images, but it will usually be between 60-70 images. The images for the engagement and bridal sessions will be delivered two weeks after the scheduled session. The images for the wedding will be delivered up to six weeks after the wedding took place. Any rush order will cost extra.

Cost of Portrait Photography

Please make all checks payable to Name of Photographer

Package: 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

Travel Fee = $Travel Fee 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.