As a photographer, it is in my best interest to have a personalized contract. Don't worry, this contract protects YOU just as much, if not more than me. In these contracts you can read my policies on payments, cancellations, deposits, refunds, and overall quality you can expect from me. You can also give or deny consent for the release of YOUR photographs. Check them out below.
Photographer will photograph Client for up to . 25 hours and lasting no longer than 2 hours unless otherwise deemed necessary by photographer. This time frame will be referred to as the session and time frames are outlined in the description of the sessions. You can view this prior to booking. Photographer will provide Client with access to the photos by: in accordance with the rest of this Agreement. Photographer holds all rights to the entire length of session. If photographer finds it necessary to end the session early, no amount of refund will be given.
This Agreement becomes effective upon the Parties signing and dating this Agreement, below.
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.
A required non-refundable retainer of 20% of the total amount due is due at the signing of this agreement or at another time as agreed by the Parties. The service fee, when due, will be reduced by the amount of the 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 the retainer is paid in full.
Photographer must have received payment in full within 24 hours prior to event. If the fee is not timely paid, Photographer may withhold services at their entirety and/or client’s access to the photographic materials from the session. Pricing is stated in the description of each session. Additional images and prints will be billed separately.
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. Fees, once paid, are non-refundable as well. Refunds will only be allowed as established by Part 5 and 7 of this Agreement.
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.
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. It is highly encouraged that the clients discuss cell phone usage with guest, especially during ceremony. It is in no way the photographers responsibility to continuously ask guest to remove themselves or cell phones from in front of the camera.
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. Photographer can not guarantee print quality from outside sources other than what is recommended. It is highly recommended that all prints that are requested be through the photographer as outside sources can distort images. It is also required to have a minimum of $20 print order with an additional $8 for shipping.
Photographer will archive digital files of all photos taken for Client for up to 1 year. Photographer does not guarantee back-up photographs, prints or data after this time.
RESTRICTIONS ON USE OF PHOTOGRAPHY
All photos and images taken by SB Photography and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer. SB Photography may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Model expressly agrees to release to SB Photography any personal or proprietary interest in the photographic materials that result from the session and agrees that SB Photography may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Model.
• Client shall not modify or otherwise alter Photographer’s photographic materials.
• Client shall not post physically or in digital form, including on any social media website, blog or application, any of Photographer’s photos without attributing Photographer. (CREDIT MUST BE GIVEN)
• 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 without Photographer’s written consent and attribution to Photographer.
• Client shall not use photographs in any way that will bring a profit to them.
INTELLECTUAL PROPERTY RIGHTS & RELEASE
All photos and images taken by SB Photography 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, publication 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, sell, or otherwise distribute photographic materials from the session, including those depicting Client.
APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT
The Client(s) expressly agree(s) to take best efforts to provide SB Photography and staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to SB Photography staff, SB Photography will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, SB Photography shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold SB Photography harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether SB Photography resumes work detailed in this Agreement.