Photography Agreement and Terms
1. It is understood this Photographer is the exclusive official Photographer retained to perform the photographic services requested on this Contract.
2. A non-refundable retainer of 50% (fifty percent) of the total session price is due at the signing of the contract. The remaining portion of your session fee is due at the time of your session (to be paid through the Square app or in cash) and includes the allotted session time, editing of no less than 5 final images, and high resolution files of all edited images (with print release). Payment may be made by credit or cash the day of the session.
3. The Photographer reserves the right to use images created under this Contract for advertising, display (Website/blog/Facebook/Instagram), publication or other purposes. The Client signing this Contract warrants that he or she has actual authority to agree to use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, RAWs, digital files and previews remain the exclusive property of this / Photographer.
4. No part of any order, including previews, will be delivered until the balance is paid in full.
5. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, Photographer may elect to use an alternate location or to reschedule the portrait.
6. If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Studio/Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
7. Client is responsible for paying any parking or location fees for both the Photographer and the client.
8. CREATIVE LICENSE: Images are edited at the photographer’s discretion, and final images will not include all images shot. The photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s artistic standards.
9.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. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots.
10. 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.
11. NOTICE OF COPYRIGHT: It is ILLEGAL to copy, scan, or reproduce these photographs elsewhere without the Photographer’s permission and violators of this Federal Law will be subject to its civil and criminal penalties.
12. Additional costs such as travel, boarding, entry fees, etc. will be added to the total due upon completion of this contract. Travel outside of a 30 mile radius of Newell, South Dakota are subject to additional fees to cover travel, gasoline and boarding.
13. Travel outside of a 30 mile radius of Newell, South Dakota will be subject to an additional $0.585 per mile charge roundtrip. A separate charge for additional fees such as travel, boarding, entry fees, etc. through the Square app will be sent to the email provided in this contract and is due immediately upon completion of this contract.
14. No cameras or any other recording devices are allowed during the photography session.
15. This contract incorporates the entire understanding of both parties. Any modifications of this contract must be in writing and signed by both parties.
The undersigned hereby acknowledge that they have received, read, and understand The Wandering Wolf Imagery's current price list and policies. Only the signers of this document can discuss any problems that arise.
Permission is hereby granted to The Wandering Wolf Imagery to use any images created under the contract for professional samples, displays, website/blog pages, advertising, exhibitions, contests, and any other legal purpose.
The Wandering Wolf Imagery retains the copyright to all images produced by The Wandering Wolf Imagery and/or subcontractors. Clients who choose to purchase digital files will be given a written release to make personal copies of images from disks given to the client. The client understands the images on disk or in gallery cannot be used for profit or advertising.