This Contract is between the Client, whose name and address is listed above, and Royal Lune Photo.
1. Retainer and Payment. The Client shall make a non-refundable retainer in the amount of 50% of the total session fee or agreed upon amount to book. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. Remaining balances shall be paid 7 days prior to the session date listed herein or a mutually agreed upon date. A late fee of $30 per day shall be applied to any payments made after the agreed upon date.
2. Cancellation. If the Client requests to change or cancel this Contract 7 or more calendar days before the agreed upon photographic event date, the retainer shall be applied to a mutually agreed upon reschedule date unless session fee is for a special one-time event, in which the client forfits their session and is not refunded. If the Client fails to show or cancels 7 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
3. Rescheduling/Late Arrivals. If the Client requests to reschedule a photographic event, the retainer will be applied to a rescheduled event if notice is given at least 7 days prior to the scheduled event, unless the photographic event must be rescheduled due to a reason or circumstance agreed upon by the Photographer and Client. Reschedule must be within the same calendar year as previously scheduled. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients will not be reimbursed or compensated for the time deducted from the event due to late arrival of the Client. This includes forfeiting of services such as professional professional make-up and styling if client fails to arrive or arrivals late.
4. Completion Schedule. The online gallery of high resolution images will be provided to the client 2-4 weeks after the completion of the session. Expedited editing and delivery will require a separate fee which amount will be decided upon request.
5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules withinthis Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.
6. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the
Photographer deems within their creative control.
7. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The Photographer does not provide the Client permission to resize photographs for Internet-based usage.
8. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
9. Photographer Usage. The photographer has the right to use the images from the session on their blog, social media, and any other account for advertising purposes with the written consent indicated above. The photographer may also have the right to submit images in contests or sell images on their website in the format of prints or any other physical format.
Note: Please indicate above your written consent regarding the sharing and use of your photos. If written consent is not given, this clause (9) is void.
10. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, edit, screen shot, or capture the photographs in any other fashion. The Client shall identify the © Royal Lune Photo in the caption of all photographs uploaded to social media websites and profiles. When uploading to a social media account profile, the client shall credit the Photographer's business page(s) in the album of uploaded files.
Facebook: Royal Lune Photo
11. Photography and Videography. The Client will not engage in photography or videography during the time of the photographic event without the express written permission of the Photographer.
12. Creative Control. The Photographer retains creative control of the session. This control is including, but not limited to, the adjustment of hair, makeup, jewelry, clothing, and clothing straps. The Client shall request, at the time of the session, for any adjustments to clothing, hair and makeup to be made. The Client will cooperate with the Photographer and defer to the Photographer’s professional judgment in all matters related to creative control. The Client agrees that the Photographer cannot guarantee any specific pose or photograph and that the Photographer has the absolute discretion to refuse to create any specific photographic image.
13. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to
reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or
damaged without fault of the Photographer, liability shall be limited.
14. Photographer's Safety. If at any time during the session the Photographer is not comfortable moving forward with the session or feels their life is threatened or in danger, the photographer has the option to refuse to finish photographic service, refuse future business with the client, and any fees already paid are non refundable. The Photographer is not responsible for the safety the client during the photographic services, including but not limited to theft or injury. The client is solely responsible for paying for all damages done to photographic equipment, either direct or proximal, during services directly involving the clients and/or their pets or children.
15. Safe Working Environment. The Client agrees to undertake the best efforts to ensure that themselves and anyone involved with the photographic services treat the Photographer and the Photographer’s staff with respect and dignity and the Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photographic service in the event that the clients, guests and/or attendees of the session commit any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client shall not be entitled to any refund. The Photographer is not responsible for the Client getting injured during the session.
16. Substitute Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
17. Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
18. Travel and Overage Fees. The Client shall pay $0.56 per mile outside 20 miles of the Photographer's office address. Travel out of state will require flight arrangements and overnight accommodations paid by the client in addition to the agreed up session price.
19. Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
20. Indemnification. The Photographer shall be held 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.
21. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Texas.
22. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
23. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.