This agreement is between the Client, whose name and address are listed above, and Miss Araebia (Photography).
1. Retainer and Payment. The Client shall make a non-refundable retainer in the amount of $150.00 for the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties.
Payment for product orders (add'l products) shall be submitted to Photographer within 7 days of gallery delivery, whether via online proofing service or in-person viewing.
Any payment plan agreements agreed to by Photographer and Client shall be included as an addendum to this agreement. A late payment fee of $25 shall be applied to the late payment amount in accordance with the payment plan agreement. No products shall be delivered until the entire amount is paid in full.
2. Cancellation. If the Client requests to amend or cancel this agreement 7 or more calendar days before the agreed upon photographic event date, the retainer shall be applied a mutually agreed upon reschedule date. If the Client cancels or fails to show, this agreement 7 or fewer calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
3. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 7 days prior to the scheduled event. Reschedule must be within the same calendar year. Any Client that is late arriving at 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 the late arrival of the Client.
4. Adult Presence. At least one legal guardian and/or parent of any minors shall be in attendance for all communications and events. Failure of the legal guardian and/or parent to be present shall result in termination of the photographic event and a forfeiture of the retainer.
5. 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 agreement.
➡Prints shall take 2-3 weeks from the time of print order to be processed and delivered to the Client.
➡Albums shall take 1 week from the date of final design approval by the Client to be received by the Photographer.
➡The client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee of $100 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
6. Deadlines. The Client shall be solely responsible for informing the Photographer of any deadlines related to the production of the photographs. Photographer will make reasonable efforts to comply with the deadlines requested by the Client, provided that the Client gives specific advance notice of the deadlines, and such deadlines are approved by the photographer. If any deadlines are agreed to, they shall be approved in writing by Photographer, and attached as "Deadline Agreement" to this contract and shall become a party hereto. The Photographer shall not be held in breach of this contract if the Client fails to submit the deadlines in writing to the Photographer at the time of signing the agreement. In the absence of such agreement, no specific guarantee as to time for delivery shall be offered. Expedited fees of $100 shall be applied if an expedited time schedule is requested by the Client and approved by the Photographer to meet any educational deadlines, including but not limited to Christmas cards, yearbook, etc.
7. 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 within this agreement. No products, including digital files, will be released until the agreed-upon amount is paid in full per the payment schedule outlined in this agreement.
➡The Photographer shall make gallery proofs available through an agreed-upon in-person product consultation. These proofs shall be available for viewing by the Client within 3 weeks of the photographic event. All orders shall be placed during the in-person consultation.
8. 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 30 to 50 photographs (dependent on the length of session) to select from and shall not receive any photographic materials not presented to the Client.
9. Copyright and Reproductions. The Photographer shall own the copyright and exclusive rights to all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions, and use, or for display within or on the Photographer’s website and/or studio. 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, the application of filters, cropping, or modifications of any kind.
➡The Photographer provides the Client with photographs resized for Internet-based usage when digital copies are purchased.
10. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. 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.
11. Social Media. The Client may share web/blog post links and social media albums through the use of the share functions and dissemination of direct links. The client shall not copy, download, screenshot, or capture the photographs in any other fashion. The Client shall identify the © Miss Araebia Photography in the caption of all photographs uploaded to social media websites and profiles.
➡When digital files are purchased: When uploading to a Facebook/IG Social Media profile, the Client shall "tag" the Photographer’s business page in the album of the uploaded files.
12. Photographs/Videography. The Client shall not engage in photography or videography during the course of the photographic event without the express written permission of the Photographer.
13. Adult Participation. If any of the subjects photographed are under the age of eighteen, then a parent and/or legal guardian, defined as an individual of eighteen years or older acting with legal rights over the minor, shall be the point of all communications and shall attend all photographic events and consultation sessions.
14. Specifically Requested Shots. The Client shall inform the Photographer at least 1 day prior to the arranged session date of specifically requested shots.
15. 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 Photographer and defer to Photographer’s professional judgment in all matters related to creative control. The client agrees that Photographer cannot guarantee any specific pose or photograph and that Photographer has the absolute discretion to refuse to create any specific photographic image.
16. Use of Independent Contractor. The client acknowledges and agrees that Photographer may utilize independent contractors in the course of the photoshoot. These include, but are not limited to, hair and/or makeup artists, lighting assistants, etc. The photographer is not liable for any application or services by any independent contractor. This includes but is not limited to allergies as a result of the use of the products by the independent contractor. Photographer will provide client contact information for any independent contractor utilized in the photographic session. The client agrees and acknowledges that they will contact the independent contractor and convey to said independent contractor any health-related concerns, allergies, or other pertinent information to the contractor.
17. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, 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 camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
18. 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 agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
19. Photographer’s Standard Price List. This agreement is 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.
20. Travel and Overage Fees. The Client shall pay 0.45 per mile outside 50 miles from the Zip code of 76123.
21. 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 $100. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
22. Indemnification. The Photographer shall be held harmless for any and all injury to the client during the course of the photography session and the immediately surrounding events.
23. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. This Agreement shall be governed by the laws of the State of Washington.
24. Construction. The terms of this agreement shall be interpreted according to their fair meaning. No ambiguity shall be construed for or against either party.
25. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
26. 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.