Photography Contract This Agreement is made effective for all purposes by and between Maureen Henry Photography LLC, herinafter referred to as "the COMPANY" and the above listed clients, hereinafter referred to as "The CLIENT" relating to the event(s) detailed below, hereinafter referred to as "The EVENT(S)
1. FEES: A signed contract and non-refundable retainer fee of $100.00 are required to reserve the dates and times of the EVENT(S). The Client shall pay in full the balance of the package selected the day the photography services are rendered PRIOR to the photo shoot. Payment must be made using CASH, or ELECTRONIC PAYMENT. If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation and retain any monies already paid. Should The CLIENT fail to submit payment the images will be deleted from photographer's hard drive & retainer will be forfeited.
2. SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time, determined by package selection. It is agreed and understood that no person other than the COMPANY will be allowed to take pictures or videos at any time during the shoot. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence upon the CLIENT's arrival and end at the scheduled end time determined by the package selected by the CLIENT. All additional time beyond the scheduled end time will be billed to the CLIENT at the rate of $150.00 per hour. Photo services are billed by the hour only. Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.
3. IMAGES, EDITS AND ARCHIVING: CLIENT understands that under normal circumstances portrait proofs will be made available through a private online proofing gallery within 7 business days after the date of the photography session. CLIENT has 5 days to select the images they would like to purchase from the gallery according to the number of photos specified in the package chosen, additional images are available for purchase. Final retouched photos will be provided within 3 weeks of the shoot. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY. Should client take longer than 5 days to select images, the proofing gallery will expire, re-upload fee of $25 will apply. The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. If digital files are selected they will be delivered in JPG format only, RAW files are not available to the CLIENT. After six months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by the sole discretion of the COMPANY.
4. PHOTOGRAPHY PRINTING and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. If the CLIENT has purchased digital copies from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased digital JPG downloads from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing or selling the photographs and transfer of copyright fees will apply.The CLIENT has print right to all images purchased and a print release will be available to the client All digital files will be provided at a 2:3 aspect ratio. When printing at different sizes / aspect ratios some cropping will occur. It is always best to have your photos printed through the COMPANY's photo lab. The COMPANY is not responsible for and does not guarantees color, quality and cropping of prints ordered through outside photo labs.
5. LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to reschedule at mutually agreed upon date. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the files lost based on the percentage of total number of originals. Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or business.
6. ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
I have read and understood the terms above. I hereby agree to the terms of this agreement.