CONTRACT

 

This Photography Agreement ("Agreement") is entered into as of today, by and between Cassema Photography, a photography company with a primary address of 14231 Garden Rd Unit 14 Poway, CA 92064 ("Photographer"), and with a primary contact address of ("Client"), each a "Party" and collectively the "Parties."

For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows for a photographic session to occur.

Definitions. The Terms "Photographer", "photography team", "us", "we", and "our" refer to ((brand.name)) and all agents, employees, or other representatives.

The term "including" means "including, but not limited to."

The term "session", "event", and "photography session" refers to a hired photographic session for the purposes of taking custom photographs.

Retainer and Payment. The Client shall make a full retainer for the Photographer to perform the services specified herein. 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.

Payment for product orders shall be submitted to the Photographer within 14 days of gallery delivery, whether via online proofing service or in-person viewing.

Any payment plan agreements agreed to by the Photographer and the Client shall be included as an addendum to this Contract. No products shall be delivered until the entire amount is paid in full.

All sales are final. Prices listed on the site do not include sales tax, shipping and handling.

Cancellation. If the Client fails to show or cancels before the agreed upon photographic event date, the retainer shall be forfeited.

Rescheduling/Late Arrivals. Due to the nature of this event, no rescheduling will be permitted. 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 shall not be compensated for the time deducted from the event due to late arrival of the Client.

Preparation. The Client shall arrive ready to be photographed. Clothing should be well kept and faces shall be clean of debris.

Subjects. The Client shall maintain control of other subjects, including but not limited to, siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby's immediate area. The Client shall provide all necessary controls over additional subjects.

Circumstances. Because the session time is so limited, I understand that my child may not be cooperative which may result in photos where my child is not smiling or not happy. I accept this due to the nature of this event and the timing of the session. I understand that the results of this mini session may not represent this photographer's typical work due to time constraint.

Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.

Prints shall take 2-3 weeks from time of print order to be processed and delivered to the Client.
Albums and wall art shall take 2-4 weeks from time of print order to be processed and delivered to the Client.

The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of 6+ photographs to select from and 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. Additional processing may be requested for $10 per file.

The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 4-5 days of the photographic event. If an online proofing gallery delivered, it shall remain open for 14 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee shall apply.

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 {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.

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.

Social Media.   When uploading to a Facebook Social Media profile, the Client shall "tag" the Photographer's business page in the album of the uploaded files.

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.

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.

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. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

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 photography session and the immediately surrounding events.

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 California.

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.

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.                                                                                                     
                                             

 

                                                                                                                                                                                                                                                                               

MODEL RELEASE

This Release is between the Client and Photographer for the photographic session on {dateOf}. Client acknowledges they are the parent and/or legal guardian of the minor models listed herein.

The Client authorizes the Photographer to use and to create images for promotional materials, online usage, and other areas of marketability. The Client further authorizes the distribution of photographs to potential clients of the Photographer for portfolio purposes. The Client agrees and understands that the photos will be taken digitally.

The Client further acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.

The Client acknowledges and agrees that the Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, reuse, publish, and republish photographic materials which contain the Client’s image in accordance with the following permissions;

Printed promotional materials
Printed portfolio samples
Online using (including but not limited to social media accounts, website and blog display)
Other areas of marketability by the Photographer
The Client hereby acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction.

The Client hereby acknowledges and agrees that the photographs created by the Photographer shall become and remain the exclusive property of the Photographer, and that the Client retains no rights to said photographs unless specified particularly in this Release.

The Client also hereby waives all rights and claims and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos. The Client hereby covenants and agrees that the Client shall not bring any action or proceeding or maintain a complaint against the Photographer in any court of law, state or local, or before any administrative body, related in any way whatsoever, to the use of the photographs.

The Client hereby releases any and all claims whatsoever in connection with the use of the Client’s photographs and the reproduction thereof as aforesaid. The Client hereby waives any right that the Client may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.