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....
Portrait Photography Agreement
Event: Session Name
Date : Date of Event at: 2:30
Agreement Summary & Terms
This agreement is between , hereinafter referred to as the "Photographer", operating in the State of YOUR STATE, and CLIENT, hereinafter referred to as the "Client(s)", collectively referred to as the "Parties", with the portrait session detailed below.
The law of the state of YOUR STATE shall govern, construe, and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this contract.
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. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
Client Contact Information:
Name: Client Name
City: State: Zip:
Photographer Contact Information:
City: State: Zip:
Coverage will begin at 8:00, and continue for 1 , contiguously.
Description of event/shoot/session, locations and other details:
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 photographs at certain intervals of the event to ensure image quality.
Change of Date or Location
The Photographer must be notified immediately of any changes in schedule or location, at least two weeks prior to the scheduled date of event. Notification of any changes can be made by phone and/or written notice sent via email. If a phone call is made, a confirmation of receipt must be sent back by the Photographer in writing or via email. In the event of change of address or contact information 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.
A retainer fee of $100 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 no later than before the event. If final payment is not received, the Photographer will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums, etc...) must be paid in full at the time of order.
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 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 or email 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 venue 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.
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.
Limited Copyright Release
If purchasing a session which includes delivery of digital images, Clients will be given a written release to make personal copies of images. The client understands the digital images given cannot be used for commercial use, for profit or advertising.
☐ The below copyright release is granted in full(Photographer's Initials _________ )
☐ The below copyright release is not granted (strike through the paragraph below)
Brandon Burkhardt Photography hereby grants permission to the clients to reproduce any portion of the photo images listed below that have been taken by Brandon Burkhardt Photography for the purpose of SELF USE or SELF PROMOTION publications which can include but is not limited to, books, cards, calendars, invitations and websites without any more compensation or recognition given to me. All images posted online, must include proper attribution to the Photographer either by including a social media link/tag/hashtag to the photographers current social media page(s) or by including “Images By Brandon Burkhardt Photography – www.bbp.photos” in a conspicuous manner on or near the image or in the text describing the image. I do not grant permission to sell, resell or monetize the images in anyway or use the photographs in a manner that would exploit or cause malicious representation toward me or my company and associates. Any infringements of this policy may violate federal law.
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.
The client grants the Photographer, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish images of the client and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which the Clients may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, in any media for advertising or any other lawful purpose.
Limitation of Liability and Damages
The Client agrees, to the fullest extent permitted by law, to limit the liability of the Photographer and the Photographer’s associates on the service provided for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs, so that the total aggregate liability of the Photographer and all those named in association shall not exceed $1000, or the Photographer’s total fee for services rendered on this provided service, whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising unless otherwise prohibited by law.
The Client agrees to indemnify and hold harmless the photographer against loss or threatened loss or expense by reason of the liability or potential liability of the photographer for or arising out of any claims for damages.
The Photographer cannot be held responsible for damage to personal property of the Clients due to environmental events.
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, 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.
Package Subtotal: 100.00
Additional Product Details
Additional Products Subtotal: 100.00
Total is due before the date of event. No photography will be fulfilled without payment in full.
Possible Expenses’ & Fees
If paying by check, make all checks payable to Brandon Burkhardt Photography. Returned checks are subject to a $50.00 returned check fee.
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.
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.
This is a contract for professional photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the terms and conditions of this contract for portrait photography session, and acknowledge that they have received, read, and understand the Photographer’s current price list.
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Texas or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.
Signed: _______________________________ Date:
Signed: _______________________________ Date: