TERMS & CONDITIONS
1. It is understood that Shore Thing Creative, LLC is the exclusive, official photographer retained to perform the photographic services requested on this Contract.
2. The Photographer may substitute another photographer to take the photographs in the event of her illness or unforeseeable conflicts in scheduling. In the event of such substitution, Shore Thing Creative, LLC warrants that the photographer taking the photographs shall be a competent professional
3. Shore Thing Creative, LLC reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Shore Thing Creative, LLC in the event of litigation arising out of such use.
4. Negatives, digital files and previews remain the exclusive property of Shore Thing Creative, LLC.
5. Upon signature, the Photographer shall reserve the time and date agreed upon.
6. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Shore Thing Creative, LLC, the Photographer may elect to use an alternate location or to reschedule the session.
7. If Shore Thing Creative, LLC cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer ’s illness or emergency, then the Photographer shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, or otherwise lost or damaged without fault on the part of the Photographer. In the event that Shore Thing Creative, LLC fails to perform for any other reason, Shore Thing Creative, LLC shall not be liable.
8. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client is responsible for protecting and caring for his/her printed and/or digital products. Shore Thing Creative, LLC is not responsible for any damaged products after successful delivery of said products.
9. The prices of digital images if purchased after session are based on Shore Thing Creative, LLC 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. Sales tax will be added to all printed orders if necessary. Labor and digital purchases are free of sales tax.
10. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce negatives, digital images and printed photographs elsewhere without Shore Thing Creative, LLC permission, in the form of a Print Release, and violators of this Federal Law will be subject to its civil and criminal penalties.
11. REGARDING DIGITAL IMAGES: Client may purchase digital images at the rate of $25 per digital image, outside of the free model session agreement. Package pricing includes specific qty of digital images. All images will not be released to client as they do not reflect quality representation of photographer. Digital images purchased will be delivered either via web-based digital download, email or custom USB drive. If the Client loses or damages his or her digital images, Shore Thing Creative, LLC will not by liable for such loss or damage and will not replace lost or damaged files. It it highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client still remain the property of Shore Thing Creative, LLC and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be shared with other persons for editing purposes and may not be resold. Violators of this Federal Law will be subject to its civil and criminal penalties.
12. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by Shore Thing Creative, LLC have been done so with the use of color calibrated monitors. Monitors used by the Photographer have been calibrated to meet printing standards, thus color changes may occur when images are viewed on non-calibrated monitors. Also note that images viewed in non-professional editing programs will appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in color, sharpness and other variables that may be affected by non-calibrated monitor and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. Shore Thing Creative, LLC is not liable for the quality of images printed by any imaging lab, both professional and non.
13. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
MODEL RELEASE:
In consideration of my child’s engagement as a model, and for other good and valuable consideration herein acknowledged as received, I hereby grant the following rights and permissions to Shore Thing Creative, LLC ("Photographer"), his/her heirs, legal representatives, and assigns, those for whom Photographer is acting, and those acting with his/her authority and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at his/her studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever.
I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I also consent to the use of any published matter in conjunction with such photographs. I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. I hereby release, discharge, and agree to hold harmless Photographer, his/her heirs, legal representatives, and assigns, and all persons acting under his/her permission or authority or those for whom he/she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.
I hereby warrant that I am of full age to represent my child and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document. This document shall be binding upon me and my heirs, legal representatives, and assigns.
APPLICABLE LAW
This contract shall be governed by the laws of the Country of the United States in the State of Delaware and any applicable Federal Law.