CONTRACT
Date:
Flexible date of XXX, 2022-23
Location:
TBA
Type of Session:
Military Session
Non-Refundable Retainer:
$100 of the Session Fee Total
Parties.
and is/are hereinafter referred to as “Client.”
Meagan Herigstad of Meagan Herigstad Photography is hereafter referred to as “Photographer.”
Photographer is in the business of providing professional photography services and products and Client wishes to retain Photographer’s services for the session(s) set forth above.
Session.
Client is guaranteed approximately XXX hours of photographer time on at XXX session.
Gallery Delivery + Ordering.
Within 12 hours of homecoming, Client is guaranteed 2 'Sneak Peek' images that will be shared on Photographers Facebook Account. If you do not wish to have images shared, please discuss this with Photographer.
10 days after the date of the session, all usable images, a minimum of 20, will be delivered via an online gallery and will include a print release.
Disclaimer.
The content of the gallery is at the discretion of Photographer as the sole artistic discretion. Not all images taken during the session will be offered to Client. Only usable images will be edited and added to Client’s gallery.
Client will not have the right to see unedited photos and cannot request unedited photos or RAW files.
Additional Fees.
Client has 30 days to download their gallery. After 30 days, galleries are archived and will be subject to a $25 unarchival fee.
Non-refundable Session Retainer.
Client understands that Photographer is foregoing other employment by entering into this Agreement to secure the session date/time on the Photographer’s calendar, and therefore, also understands that the retainer is non-refundable if cancellation is requested by Client other than for Ship Movement Changes.
The balance of the session/package fee is due a week before the session.
Tardiness and Cooperation.
Tardiness on Client's part may result in reduced shooting time, which may result in fewer images presented by Photographer. The Photographer cannot guarantee a time extension on sessions and will not cut into the shooting time of another session to make up for lost time. The lack of images is not the fault of the Photographer.
The Photographer is not responsible for lack of images, due to Client’s lack of participation and cooperation and tardiness.
Social Media.
If you are posting on social media, you are obligated to credit / "tag" Meagan Herigstad Photography. Social media ‘borders’ and ‘filters’ applied to images will not be tolerated. Misuse unwatermarked images can result in full legal action; such as entering competitions or publications without written consent.
Additional Session Requests.
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between Client and Photographer, including a written agreement. **Homecomings are exempt although, this clause is still preferred.
*Please do not bring any children or adults not being photographed to the session. Parents/siblings of children being photographed are allowed as well as children of parents being photographed
*Arrive to Client session 15 minutes early.
Rescheduling + Canceling.
Photographer may Cancel the session due to Photographer’s illness resulting in Clients full retainer being returned and an adequate replacement reference provided. Photographer will give 72-hour notice - minimum. If inclement weather arrises and homecoming in moved/postponed we will work to reschedule as soon as possible.
If Client needs to reschedule due to Client’s illness, Client will do his/her best to notify Photographer at least 48 hours prior to the session and will result in a family session to replace Homecoming session with no change of pricing.
The non-refundable retainer can be transferred to another day and time upon the rescheduling of a session on Clients end, so long as the rescheduled session takes place within three weeks of the original session date, otherwise, the retainer will be forfeited.
If Client cancels a session less than the required 48 hours for any reason other than Ship movement changes, Client will forfeit the retainer.
If Client and Photographer are not able to agree on a rescheduled date within the three weeks due to scheduling issues from either party and Photographer is able to provide proof of schedule conflicts then retainer will not be refunded if the original cancellation was due to Client.
If Client fails to arrive at a scheduled session or is more than 30 minutes late.
Other Photographers/Videographer may be used as replacement/backup and any agreements set forth in this contract will and must be passed on to additional photographers or videographers present to include a replacement/backup photographer.
Refunds.
If Client’s digital images are damaged or lost prior to viewing Client gallery for any reason by the Photographer, only then will Client retainer fee will be refunded in full if a reshoot cannot be scheduled by terms above.
If adequate time is given to Client by Photographer to view/download images yet, Client fails to download or view images, a refund will not be given.
**No refunds will be given for dissatisfaction with Client images.**
No refund will be given due to lack of subject cooperation. The term "error" is at the discretion of Photographer.
Copyright.
Photographer will retain the full copyright on all images (including digital files). Client is prohibited from further editing of images (with the exception of cropping for personal printing purposes). This includes black and white filters or any filters from applications on any social media. Client may not, for any reason sell their images to any third party or enter into competitions without express written consent.
By signing this form, Client understands that Photographer will own the copyrights to all photos. A personal print release will be given to Client with any digital images received.
Model Release.
Client understands by signing this agreement, Client is giving consent to the Photographer can use the images for any reason, including marketing, monetary gain, competitions, and for use on Photographer’s portfolio, website, blog, Facebook page, or other social media platforms, without Client’s further consent. Images are of , , and family and have been screened for appropriateness on social media. comfort level has been discussed and is located above.
Foster Children, or children in temporary custody, will remain unidentifiable (such as eyes/face covered) on any media shared electronically. Client may grant written permission in the future if they see fit.
If Client consents to model release and proceeds to revoke model release after the session has been completed; all rights to images will be revoked to Client. Client will no longer be able to share files digitally to include social media. If Client received a discount on their session, Client will be billed full session value.
Limitation of Liability; Release of Photographer.
If Client has any claim or cause of action against Photographer under this Agreement or based on the services provided hereunder, whether arising in tort or contract, or if Client is personally injured while Photographer is providing the services under this Agreement, even if based on or caused by Photographer’s negligence or the negligence of Photographer’s employees or independent contractors, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages, including but not limited to direct, special, incidental, indirect, or consequential damages, claimed by Client.
Client’s recovery is likewise limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.
Photographer is not responsible for digital files once they are purchased and received by Client. Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer. If an archive is available, and requested, a fee will occur as described above.
Release of Liability for Third-Party Actions.
Photographer is not liable for any actions of third parties who may illegally obtain the photographs taken at Client’s session, including but not limited to, a third party who may steal Photographer’s camera, memory card(s), computer(s) or hard drive(s), a third party who may breach the online proofing system used by Photographer, or the mail carrier used to deliver Client’s prints, album, digital files or other photographic art products. Photographer is likewise not liable for any actions of third parties that occur after the prints, album, digital files or other photographic art products are delivered to Client’s possession, and Client assumes all responsibility for securing the privacy of the images in Client’s possession.
Safety.
The Photographer reserves the right to terminate coverage and leave the location of the event(s) if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s); or in the event that the safety of the Photographer is in question.
Photographer is released from liability of injury to Client’s or present individuals. Client is responsible for the safety of the session.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, pandemics, epidemics, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Electronic Signatures.
This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute one and the same agreement.
This Agreement may be signed via fax, email or other electronic means, any of which will be fully binding as an original signature.
WHEREFORE, the parties execute this Agreement on the date first written below.
Contact : 530-370-7706
meagandherigstad@gmail.com
meaganherigstad.com