CONTRACT AGREEMENT
This document is a contractual agreement made between:
Created for You Photography (referred to hereafter as “Photographer”)
Email: [email protected]
And
“Client”
AGREEMENT TERMS
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior 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, it does not mean that any other provision is also waived.
RETAINER: A retainer/deposit is due at the time of booking to secure the date and time. Client has up to 48 hours to pay Retainer from the time of receiving Invoice. The retainer/deposit is non-refundable.
PAYMENT OPTIONS: Accepted forms of payment include cash, major credit cards, or PayPal.
PAYMENT AGREEMENTS: The remaining balance is to be paid the day of the scheduled session and no later.
PORTRAIT SESSION: Client is guaranteed up to two (2) hours of shoot time for a portrait of one individual. Portraits with two or more individuals may require additional time. The Photographer guarantees a 90-minute window for the shoot, starting at the agreed start time. Newborn client is guaranteed up to four (4) hours of shoot time. If the client is late for the session, the Photographer is not responsible to provide additional time for the shoot.
SESSION PROOFS: Client will be able to view the session proofs within three (3) weeks of their portrait or newborn session. Photographer will edit up 25 images from your portrait or newborn session for previewing purposes. From these previews, you will be able to choose your desired print package. Photographer retains the right to edit the photographs according to their artistic vision and omit any images that do not meet professional photography standards (blinking, motion blur, duplicates, etc.). Any additional editing and/or retouching requests may incur additional fees.
PORTRAIT PACKAGES: Portrait packages start at $200. Prices and promotions are subject to change without notice. For CURRENT price list, please contact Photographer.
CANCELLATION/POSTPONEMENT: In the event of a cancellation or postponement/rescheduling of the portrait session/agreement by Client, the deposit/retainer paid is non-refundable. Seven (7) days for postponements or cancellations is appreciated in order to offer your scheduled date to another client, or a rescheduling fee of $50 may apply. The retainer is transferable if notice is provided more than 48 hours prior to your scheduled session date if a date or location change is necessary. Rescheduling within 48 hours of your session results in a cancellation and the retainer is forfeited.
WEATHER: Photographer has the discretion to postpone a session if the weather is not suitable for a session. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the session fee is non-refundable.
COPYRIGHT and PENALTY: All images are copyrighted to and remain the property of Created for You Photography. Images are protected by Federal Copyright Laws and clients may not make ANY reproduction of the images in ANY form without the express written consent of Created for You Photography. Reproduction includes, but is not limited to scanning, downloading, right-clicking, emailing, saving to hard drive, posting on websites or blogs, photocopying, obtaining screen shots, or printing in any manner. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client take images without photographer's permission, client will be invoiced for the cost of EACH digital image at photographer's current price per digital file.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell or edit said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Created for You Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the final images.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish are included at no additional cost. Complex retouching includes such changes as the removal of scars or heavy blemishes can be requested at an hourly fee of $50/hour. Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone can be requested at no charge.
PRINT/DIGITAL PACKAGES: All orders of prints or digital files must be placed during the in-person viewing session, and be paid in full at that time unless a payment plan has been agreed upon. Prints or digital files are ordered as packages. A la carte pricing is only available for individual prints/digital files in addition to packages ordered. All prints/digital files include standard retouching and shipping/delivery. Prints/digital files are generally shipped or delivered two to three weeks after Client’s print order has been paid in full.
ARCHIVE RETRIEVAL: Once the prints or digital files have been delivered to the Client, the Photographer is released from all responsibility to maintain the digital copies of all the images from the session. In the event that the Client desires to purchase additional prints or digital files in the future, a $25 archive retrieval fee will be applied.
PERSONAL CAMERAS: Client agrees that no personal cameras, video cameras, cellular phone cameras will be used during our session.
SOCIAL MEDIA: Client agrees to only share or post watermarked digital images on social media or the internet of images that are not purchased. Photographer will provide client web resized images without watermark on all purchased digital images for media sharing. Client agrees to not apply any retouching, conversion, or any changes to any of the digital files purchased.
PRIVACY: Photographer will respect the privacy of Client by only using first names on social media or blogs.
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