Remote Photography-Intimate Portrait Contract

with Rebecca Tolk Photography

of Gulfport Florida USA

Rebecca@RebeccaTolk.com

828-713-6553

SERVICES Con't

Rebecca Tolk Photography will also make available the rest of the usable images as part of the online gallery. They may be purchased at additional cost as digital downloads with limited personal rights. All images may be purchased as prints, products and albums. The client will be able to purchase prints from the gallery. 

 

SECURE YOUR SESSION

This signed contract and full payment is needed to secure your session date and time.

 

CANCELATION AND RESCHEDULING POLICY

A minimum of 4 days notice will be required for cancellation or rescheduling of this contract by the client in writing. Any cancellation made with less than 4 days notice prior to the session date will result in full payment by the client. In the event that the client needs to reschedule the session, Rebecca Tolk Photography will allow for one session reschedule without penalty, provided that the client notifies Rebecca Tolk Photography at least 96 hours (4 days) prior to the session. In the event that the client fails to notify Rebecca Tolk Photography at least 96 hours prior to the session, Rebecca Tolk Photography shall retain the client's full payment and a new full payment will have to be made to schedule the new session.

If at the start of the session Rebecca Tolk Photography determines that the client has poor wifi which will result in poor image quality Rebecca Tolk Photography reserves the right to cancel the session with full refund, or go through the session at a discounted rate determined and offered at that time by Rebecca Tolk Photography for the experience of making art with Rebecca Tolk Photography. The poor resolution images may or may not be delivered to the Client, determined by Rebecca Tolk Photography based on image quality.

If the cancellation is initiated by Rebecca Tolk Photography, all monies paid to Rebecca Tolk Photography from the client shall be refunded. Refund shall be paid out within 30 calendar days from the cancellation date. If the client does not show for the session or is more than 10 minutes late, the client may not reschedule with Rebecca Tolk Photography and forfeits the session.

 

COPYRIGHT AND IMAGE USE BY REBECCA TOLK PHOTOGRAPHY

The photographs produced by Rebecca Tolk Photography are protected by Federal Copyright Law (all rights reserved). Rebecca Tolk Photography owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, including web and print media, without compensation to the Client or notification to the Client before use. A perpetual free license is given to the Client to share and print images for personal use, provided that no use of the images are made for commercial gain or resale.

 

MODEL RELEASE AND PRIVACY

For good and valuable Consideration, receipt of which is hereby acknowledged, I grant to Photographer, Rebecca Tolk Photography, her heirs, successors and assigns, my unlimited permission to license, use, reproduce and distribute images of me and/or my property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: direct commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. I understand and agree that my images may be altered and modified to the point where I may even be unrecognizable. My images may be combined with other pictures, text or graphics. You may even combine my name or an alias name with my images. I understand that I will have no right to inspect or approve the final use of my images or copy that may accompany it. I agree that I have absolutely no right to compensation for use of my images. Rebecca Tolk Photography is committed to respecting the privacy of her clients. Images will not be shown without the permission from the Client as selected in this clause. Normally, Rebecca Tolk Photography will post teasers to her Facebook page shortly after the session; will blog the session as images are uploading to the final gallery; will share images on social media; will update her website galleries to include session images; and will use for promotional uses online and in print.

PLEASE CHECK ALL THAT APPLY BELOW

ARTISTIC STYLE

The Client acknowledges that Rebecca Tolk Photography requires and retains discretion as to how its services shall be provided (e.g. choice of poses, location, lighting, lenses, etc.); that the Client is familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from the client's vision of the session. Rebecca Tolk Photography does creative editing on 5 delivered images chosen by Rebecca Tolk Photography's editing team. Rebecca Tolk Photography retains complete control over which images are delivered in color and which images are delivered in black and white. Accordingly, the client acknowledge that the images shall not be subject to rejection on the basis of taste, esthetic criteria, or personal appearance.

 

CULLING AND EDITING

After the portrait session, each image is put through a careful selection process, where Rebecca Tolk Photography's editing team selects images that meet their high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently immediately after Rebecca Tolk Photography completes this culling process. The Client acknowledges that Rebecca Tolk Photography retains complete control over the culling and editing process.

 

PRINT AND PRODUCT RETURN POLICY

Rebecca Tolk Photography guarantees your satisfaction with any physical products that you purchase through Rebecca Tolk Photography. If you are unsatisfied with any prints, products or books you have purchased through Rebecca Tolk Photography's online store, we will accept the return of any physical product you have ordered within ten (10) days of your receipt of the product to exchange for a corrected item of equal value. Upon completion of the exchange procedure and receipt of the returned product, we will replace the product. To request a replacement for any physical product, please contact Rebecca Tolk Photography at Rebecca@RebeccaTolk.com within 10 days of receipt. Refunds are not available for Products that are not in a physical medium form (i.e., a digital download).

 

DOWNLOADING IMAGES FROM ONLINE GALLERY

Rebecca Tolk Photography shall post the digital files to the Client's online gallery within one to two (1-2) weeks after the session date. The Client shall download the digital images from the online gallery within 21 days, and will not receive a physical disc of images. Client acknowledges that he/she understands how to download the images from the web onto his/her computer and how to back up images to prevent image loss. Rebecca Tolk Photography is NOT responsible for user error in downloading and saving final images. The online gallery will remain active for 21 days from the creation date of the gallery. Rebecca Tolk Photography does not permanently archive images files. After 21 days the gallery will be deleted along with all images. Rebecca Tolk Photography does NOT store client images.

 

LIMIT OF LIABILITY

Rebecca Tolk Photography represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of Client images. However, in the event that Rebecca Tolk Photography fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of Rebecca Tolk Photography’s control or Rebecca Tolk Photography's own negligence, Rebecca Tolk Photography’s liability shall be limited to a refund of all payments made by Client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that Client requested or that were discussed at the consultation, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to Client and Rebecca Tolk Photography shall not be liable for the same. Rebecca Tolk Photography is not responsible for any damage to the Client's device during the remote portrait session.

 

RELEASE AND INDEMNIFICATION

To the fullest extent permitted by law, Client agrees to release, defend, indemnify, and hold harmless Rebecca Tolk Photography, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by Client, Client guests, or Client agents. in the event any such claim is made, and upon notice from Rebecca Tolk Photography, Client agrees to reimburse Rebecca Tolk Photography for the cost of defending such an action or proceeding, using counsel satisfactory to Rebecca Tolk Photography. This provision shall survive the termination of this agreement.

 

ENTIRE AGREEMENT

This document contains the entire agreement and full understanding between Rebecca Tolk Photography and Client . It supersedes all prior and contemporaneous agreement between the parties. Any modifications to the agreement shall be made in writing and signed by all parties.

 

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 reasonably timely 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, storm, orders or acts of military or civi authority, or by national emergencies, insurrections, riots or wars, strikes, lock-outs, lock-downs, 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 it's employees, officers, agents, or affiliates.

 

ATTORNEY FEES AND WAIVER OF JURY TRIAL

The Client agrees that in the event of a disupute as to performance or the meaning of this contract, the prevailing party in such a law suit shall be awarded cost of suit and reasonable attorny fees. Parites agree that they will waive their rights to trial by jury in any litigation concerning the performance under this contract or construction of this contract.

 

SEVERABILITY

If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

AMENDMENT

This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

 

GOVERNING LAW

This Contract shall be governed by the laws of the State of Florida.

 

WAIVER OF CONTRACTUAL RIGHT

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver of limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

 

ASSIGNMENT

Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

 

By signing this contract, all parties represent and warrant that they are at least 18 years of age and have the full legal capacity to execute this agreement and agree to all terms and condtions set forth in this agreement.