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 retainer (commitment deposit) of $150.00 is due within 48 hours of the signing of the Contract and is non-refundable. It may be transfered to a new date if inclement weather causes a cancellation. The remaining session fee is due by the sesion date. Payments may be made via PayPal. Cash and checks are also accepted on the condition that the total fee is paid in full within 48 hours of signing the Contract.
3. The Photographer reserves the right to use images created under this Contract for advertising, display (Website/blog/Facebook), 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, 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. Screenshotting gallery photos is an infringement of the copyrights of the Photographer.
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 session.
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, apart from inclement weather, 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 Photographer shall not be liable for any amount in excess of the value of the Client’s commitment deposit, unless the Client pays in full prior to delivery, in which case the Photographer will not be liable for any amount in excess of the value of the Client's total payment.
7. 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.
8. 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.
9. 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.
10. Returned checks are subject to a $50 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Emerald & Pine Studio LLC in the event that enforcement of this contract becomes necessary.
11. This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.
WAIVER OF LIABILITY RELEASE: By agreeing to a photography session with Emerald & Pine Studio LLC, I am hereby waiving, releasing, and discharging Emerald & Pine Studio LLC and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from this event. Emerald & Pine Studio LLC 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 their business. Client swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against Emerald & Pine Studio LLC for any reason. Emerald & Pine Studio LLC is not responsible for uncooperative parties. It is understood that the behavior of children is unpredictable, however, photographer is not liable if children do not cooperate during sessions.
MODEL RELEASE: The undersigned hereby grants Emerald & Pine Studio LLC and Sarah Prout the absolute and irrevocable rights and permissions that follow, in respect to the photographs, video tapes, motion pictures, recordings, or any other media (hereinafter collectively known as “Images”) that Emerald & Pine Studio LLC has taken of me or my property, or minors in my care, or in which I may be included with others, to copyright the same, in Emerald & Pine Studio LLC's own name or otherwise, to use, re-use, publish, re-publish, post, display, in printed form, or in any and all media now or hereafter known, and for any legitimate purpose whatsoever. You hereby grant to Emerald & Pine Studio LLC the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, print, web site, display, advertisement, and editorial use. Emerald & Pine Studio LLC agrees to limit the use of these images and photographs to promotional use only. Emerald & Pine Studio LLC may revoke this license at any time and for any reason. Emerald & Pine Studio LLC retains all copyrights to the images and derivative works thereof. The undersigned hereby acknowledge that they have received, read, and understand Emerald & Pine Studio LLCs current pricing and policies. Only the signers of this document can discuss any problems that arise. Emerald & Pine Studio LLC retains the copyright to all images produced by Emerald & Pine Studio LLC and/or subcontractors. Clients who choose to purchase digital files are permitted to post and print photos for personal use only. Any resale, business, or professional use is not permitted under the Contract. The Client understands the images delivered cannot be used for profit or advertising.