PHOTOGRAPHY AGREEMENT
Photographer will photograph Client for up to 30 minutes, starting at the agreed start time and ending no later than agreed end time. This time frame will be referred to as the session. Photographer will provide Client with access to the photos by: in accordance with the rest of this Agreement.
DESCRIPTION OF SERVICES
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. The Photographer shall deliver up to 30 minutes of coverage starting at the beginning of the Session. The Photographer shall deliver edited digital photographs within 2 weeks of the Session date, via an online gallery.
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.
PAYMENT
The Session Cost is $200. The accepted forms of payment are cash, personal check, or any major credit card. Returned checks are subject to a $35 charge. No products, including digital files, will be released until the agreed Session Cost is paid in full. The Session Cost must be paid in full no later than the Session start time of. The cost of location permits for shooting and/or location availability is of the Client's responsibility.
RETAINER
Client is required pay a retainer of $60. The Session Cost, when due, will be reduced by the amount of the previously paid 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 paid the retainer in full.
REFUNDS
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 if the Session is cancelled or changed for any reason.
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.
INCLEMENT WEATHER
In the event of inclement weather prevents the scheduled Session, the Session will be rescheduled within thirty (30) calendar days. If the Client is unable to attend the rescheduled Session, the Client will be refunded all monies paid toward the original Session, or the Client may apply the paid monies toward to a mutually agreed reschedule date, within ninety (90) calendar days. The Client is able to switch the Session Date or Session Location because of foreseen weather or personal reasons, prior to the original Session Date, so long as the Photographer does not have a conflict with scheduling.
LATE ARRIVALS
The Client is responsible for arriving at the Session Location at least 5 minutes prior to Session start time. Any time in which the Client arrives past the start of the Time of Session, the late time difference will be deducted from the overall agreed Time of Session. The Session will terminate at the end of the originally agreed Time of Session, outlined in this Contract.
EXCLUSIVITY
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, computer 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.
ARCHIVING PHOTOGRAPHS
Photographer will archive digital files of all photos taken for Client for up to six (6) months. Photographer does not guarantee back-up photographs, prints or data after this time.
RESTRICTIONS ON USE OF PHOTOGRAPHY
All photos and images taken by The Imperial Lens and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer. The Imperial Lens may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Model expressly agrees to release The Imperial Lens to any personal or proprietary interest in the photographic materials that result from the session and agrees that The Imperial Lens may showcase, or otherwise distribute photographic materials from the session, including those depicting Model.
• Client shall not modify or otherwise alter Photographer’s photographic materials.
• Client may post photographs on personal social media platforms. All posts shall identify the Photographer in the caption, and tag the Photographer where applicable.
• 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.
• Client shall not publish photos on platforms outside of social media without Photographer’s written consent and attribution to Photographer.
INTELLECTUAL PROPERTY RIGHTS & RELEASE
All photos and images taken by 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, or otherwise distribute photographic materials from the session, including those depicting Client.
CANCELLATIONS
The Client may cancel this Contract at least seven (7) or more calendar days prior to the scheduled Session. If the Client chooses to cancel this Contract within seven (7) days of this Contract, the retainer fee will be forfeited. In the event that the Client fails to appear at the Session Location within the agreed Time of Session, the retainer and any another monies paid toward the Session Cost will be forfeited.
INDEMNIFICATION
Client agrees to indemnify and hold photographer harmless for any and all injury to the Client and the Client's property during the course of the photographic event and the immediately surrounding events.
ARBITRATION
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Georgia or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.