Portrait Photography Contract Form

***IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR GUARDIAN MUST SIGN THIS CONTRACT***

Client's Name

First NameLast Name

Today's Date

MonthDayYear

Address*

Street Address

Street Address Line 2

CityState / Province

Postal / Zip CodeCountry

Phone Number*

Area CodePhone Number

E-mail*

Agreement and Model Release*

This agreement is between Jennifer Fleming, doing business as thejenntheory portrait co ("Photographer"), and the undersigned client ("Client"). Client grants the photographer the irrevocable and unrestricted right to use and publish photographs of the client and/or minor(s) in which they may be included, for editorial, trade, advertising, or any other lawful purpose, and to alter and composite the same without restriction and without inspection or approval.

Limit of Liability*

If the Photographer cannot perform this agreement in whole or in part due to a fire, casualty, act of nature, terror, or other cause beyond the control of the parties or due to the photographer's illness or injury, then thejenntheory portrait co will return all fees to the Client, but shall have no further liability with respect to this agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, camera malfunction, lost in the mail, or otherwise lost or damaged due to circumstances beyond the control of the photographer. Client agrees that a re-shoot may be scheduled and limits the photographer's liability to the amount paid under this contract. In the event that the photographer is unable to fulfill due services, she will make every effort to find a replacement photographer and will avoid loss of services to the fullest extent possible. In the unlikely event of a total photographic failure or cancellation of this contract by the photographer, liability shall be limited to the return of all payments received. The limit of liability shall not exceed the total value of the client's payments.

Reservation/ Refund*

Upon booking and signing of this agreement, the Photographer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all session fees are non-refundable, even if the date is changed or if the session becomes cancelled for any reason. Session fees are non-transferrable to other sessions clients unless agreed upon in writing.

Reschedules*

The Photographer understands that circumstances such as bad weather, illness, limitations beyond client's control, etc, arise and warrant a reschedule of client's session. One complimentary reschedule is allowed with a minimum of 24 hrs' notice. Additional reschedules incur a $75 rescheduling fee. In the event of a no-show or cancellation within 24 hours, the session fee is forfeited.

Late Arrival*

Client acknowledges that he/she must arrive on time to scheduled portrait session start time. If client is late to scheduled start time, time will not be extended or rescheduled. Refunds are not available for portrait sessions cut short or entirely missed due to client's late arrival.

Cooperation Clause*

Client agrees to cheerful cooperation and communication leading up to and at the portrait session. Photographer is not responsible for compromised coverage due to an interference from parties, tardiness, lack of cooperation, or restrictions at the chosen location.

Location Access + Fees*

Client shall obtain any necessary permissions, permits, and approvals required to photograph at the selected location. Thejenntheory portrait co is limited by the guidelines of the location. Client shall be responsible for negotiating deviations from the house rules.

Artistic Style *

On client's own behalf, and on behalf of the subject(s): Client acknowledges that the Photographer and studio requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that 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 client and /or the subject’s vision of the session. Accordingly, client acknowledge that the images shall not be subject to rejection on the basis of taste, esthetic criteria, or personal appearance.

General Process and Image Ownership*

Upon signing of this contract agreement and received payment of session fee, the session is considered fully booked. By this point, any travel fees will have been assessed if applicable, and fully explained to Client upon signing of the contract agreement. A viewing and ordering appointment will be scheduled approximately 14 days following session, at which time images may be selected and purchased. It is understood that the price of the session fee does not include prints or other products to be fulfilled by the photographer or studio under this contract. All prints and photographic products are to be selected and purchased at the viewing and ordering appointment. Full payment or approved payment arrangement is due at the time of product ordering. All sales are final. No refunds will be given for digital downloads or printed products. All images remain the sole property of the Photographer and are protected by US copyright laws. Client is granted a limited license to use the images for personal use only. Images may not be altered, sold, or used commercially without written permission.

Archival of Images*

Once the Photographer delivers the final purchased digital images to client, client accepts all responsibility for archiving and protecting their images. Photographer does not guarantee backup of images after delivery. It is Client's responsibility to store and back up digital files upon receipt.

Terms*

By signing below, I hereby release, acquit, indemnify, hold harmless and discharge the Photographer, her employer, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of my images. If any suit is brought challenging the enforceability of this agreement, I agree to indemnify Photographer or her assigns for attorney fees and expenses. Client acknowledges that they have read and understood this agreement in its entirety and agree to be bound by its terms. Client certifies that they are at least 18 years of age and legally authorized to enter into this agreement.BY SIGNING THIS CONTRACT, ALL PARTIES AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING THE NON-REFUNDABLE NATURE OF THE SESSION FEE AND ALL OTHER PAYMENTS MADE.

Signature*