CONTRACT
Terms of this agreement
This agreement is made between client (Client defined as the applicant filled in this form) and the photographer of Ree's Photo Obsessions.
Background
The purpose of this contract is to record the terms agreed for aphotographic assignment
All contracts and trasnscations between the photographer and the client weather made orally or in writing are subject to theses terms and conditions which shall be deemed to be incorporated into any contract between the photographer and all or any of her clients.
1) Session Fees
Client agrees to pay Photographer $150.00 [Hour] or $95.00 [Half Hour] at the time of entering into this agreement to secure their appointment date and time. This is a non-refundable. The balance is due before the session. The session fee covers the time and talent of Photographer, and travel.
Upon receipt of the non-refundable retainer and submission of the Agreement by Client, Photographer will reserve the time and date agreed upon and will not make any reservations for other clients for such specific time frame. For this reason and loss of potiental business in the event of a cancellation or no-show by Client, the retainer is non-refundable, NO EXCEPTIONS. In the event of a cancellation or no-show by Client, the retainer shall not be considered as services to be rendered to the Client and Client hereby waives any rights to collecting any refund of the retainer.
For purposes of this Agreement, a no-shall shall be deemed as the Client not arriving to the session within 15 minutes of the agreed upon time as listed in this Agreement. In the event Client is running late due to unforseen circumstances and contacts Photographer to inform of their circumstances prior to 30 minutes before the session is scheduled to start, Photographer reserves the right to use her discretion as to cancel or reschedule the session for another date. If Photographer chooses to cancel the session, Client shall not be entitled to any refund of the retainer; sessions rescheduled at Photographer's discretion shall have the retainer applied to that date.
2) Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Session fee covers travel within Darwin Suburbs of photographer's home address, located in KARAMA. Any location outside of these limits will be subject to an additional charge of $.52/KM as part of the agreement.
At the viewing sessions the Client agrees to make his/her choices and inform the Photographer within [six] weeks of having viewed the proof copies. The pricing of digital images, wall art and/or prints includes basic retouching and creative editing of images, as determined by the Photographer, and images (amount depending on session) Additional editing is available at an additional expense to be determined by Photographer and Photographer reserves the right to refuse additional editing requests.
All payments are due in full, at the time of the viewing session. Photographer reserves the right to offer payment plans. Further, no images will be released to Client until Client's account has a zero balance.
3) Rescheduling
If an illness or situation prevents a photo session from taking place, Client may reschedule their session at least 24 hours prior to their shoot without penalty. Should Client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
4) Re-shoots / Refunds
Re-shoots are determined at the discretion of the Photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the Photographer.
5) Archive
After six(6) weeks, all images will be purged from Photographer’s hard-drive, except as needed for promotional purposes, to be determined by Photographer at Photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control.
Client can purchase storage of purchased images for 12 months for a fee of $200.00. Client will be notified of renewl 3 months before all images will be purged. Clint will recieved a Client Portal, Full Resolution Downloads, Mobile Apps.
6) Image Release
Photographer will only provide Client with the number of high-resolution edited digital images, Wall art and/or Fine Art Prints as described in the viewing session purchased, and digital image files will be in a JPEG format. Beyond these files, Photographer will not provide or release any other digital images to Client, either edited, unedited, JPEG, or RAW files. Such files are sole property of Photographer and not subject to distribution.
Within [20] days after the date of the session, the Photographer will send invatation to set a time and location for the Client to choose quantities and sizes of reproduction in print or other media.
The Client agrees to make his choices and inform the Photographer within [six] weeks of having viewed the proof copies.
The Photographer shall deliver the digital Images as ordered within [30] days of the Client having made the choices.Photorgrapher is not liable for delivery prints for print lab services
The Client acknowledges that the Photographer owns all right, title and interest in and to the Images and that the Client has no right to use any of them outside the express terms of this agreement.
Money paid to the Photographer includes a fee for the grant of a licence in the terms of this paragraph. The licence arises only after the Client has paid the Photographer the money due under this agreement.
The licence is personal, irrevocable, non-transferable and non-sub-licensable.
The licence is restricted so that [unless the Photographer gives written authorisation] the Client may not copy any Image created by the photographer, nor permit any other person to do so, without his permission in writing. [For the avoidance of doubt, Images may not be used for the sale of property by some person other than a party to this contract.]
The Photographer reserves the right to make reproductions of Images created during assignments for marketing, promotional, competition and editorial purposes.
7) Requested Poses
Photographer and Client agree that Photographer is under no obligation to capture any specific moment, pose, or person(s) during the session. Client is encouraged to provide a suggested list to Photographer no less than 48 hours prior to the session to include photos Client would like Photographer to shoot. While Photographer will try her best to accomodate Client's request, Photographer has no liability for not capturing any photos on the list.
8) Subject Cooperation
It is very important to have the cooperation of all subjects during a photo session; Photographer is not responsible for uncooperative or disruptive subjects. She will work to the best of her abilities to redirect uncooperative or disruptive behavior, but retains the right to end the session even if the time frame has not been met if the subjects continue to be uncooperative or disruptive. Client understands it is their responsibility to manage the behavior of the subjects in the photo session and will not hold Photographer liable for shots or missed poses due to a session ending early.
The Client will be responsible for informing people that [photographs and videos] will be taken at the Event, and will indemnify the Photographer for all costs which might flow from a complaint by any person that the Photographer did not have permission to photograph that person.
Clint is to be preapred to get on the ground with your pet!
Dogs need to remain on lead, this is for their safety. I recommend dogs wearing a flat collar. If you require a harness for walking we can always change into the flat collar for each photo. Then change back into the harness to move betweens areas. Photographer can't guarantee harnesses can be removed in post production.
Dogs will be dogs, let the dogs sniff frequently, this will keep stress and frustration low.
You will need to bring:
• High Value Treats: Broken into pea sized pieces and hidden until asked.
• Favourite toy(s): Please keep hidden until asked to bring out.
• Water bottle and bowl: Photo sessions are thirsty work for you and your dogs.
Photographer asks the client to remain quiet unless given instructions for client to assist. Too many noises or compands to the dog will reduce their focus and can be overwhelming.
The photographer may ask of "Repeating". There will also be times when the client will lure or position the dog. Dogs don't like to sit still for long periods, and they will likely move out of position. This is perfectly fine, they are dogs! photographer will give them some time to sniff and move around and then ask them to return. If they are getting frustrated we will just move on.
Don't be concerned if your dog doesn't want to sit, stand or lay down when you ask. They may be more interested in all of the exciting sights around us.
Digital Images (Purchase) will be provided via a Temporary Google Drive link - where you would download your images. Digital Images come in a high resolution file and a social media size file.
Please make sure you share all this information with Ruth so she will be pre-pared for our time together too :)
9) Artistic Subjectiveness
Client agrees and understands that the quality of a photograph is entirely subjective. Photographer will strive to present photos in a workmanlike manner, but is not required to cater to specific aesthetic preferences of Client. Client understands and agrees that Client is responsible for determining if a post or location is safe.
10) Inclement Weather / Unsafe Location
If, in the opinion of the Photographer, weather or other adverse condistions pose a safety threat to Client and/or Photographer, Photographer may elect to use an alternate location or to reschedule the session.
11) Model Release
By submitting this Client Agreement, I hereby give to Photographer the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my minor child and pets in which he/she may be included with others:
a) To copyright the same in the Photographer’s name or any other name that she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge Photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
12) Liability
If Photographer cannot perform this Agreement in whole or in part due to an Act of God, fire, or other casualty or cause beyond control of the parties, or due to Photographer's illness, then Photographer shall return the retainer to Client and 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, lost through camera malfunction, lost in the shipping or mailing process, or otherwise lost or damaged without fault of Photographer. Client agrees that an entire session may not be able to be replicated, reenacted, or repeated for the purpose of re-shoots and agrees to limit Photographer's liability to an amount not to exceed the session fee.
Client agrees to indemnify and hold Photographer harmless for any liability, damage, or loss related to technological failure. Cameras, lenses, hard drives, and memory cards are all subject to possible technical failure, and while Photographer will take reasonable steps to prevent such data loss, she is not liable for any loss of data due to technical failure.
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 their business.
13) Copyright & Penalty
Photographer retains all copyrights to all images created during client’s session. A print release will be included with digital files to print portraits for personal use. The print release does not allow publication of Client's portraits (i.e. entering in contests), selling or altering of Client's images without the Photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Photographer during Client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If Client steals images via any method listed above, or any other method, Client will be invoiced for the cost of EACH digital image Client has stolen, at Photographer’s current price per digital file.
Note from Photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and I include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of screen shotting or right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
14) Miscellaneous
This Agreement constitues as single Contract expressing the entire agreement of Client and Photographer with respect to the subject matter hereof and supersedes any and all prior contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.
15) Session Requests
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 10 minutes prior to the start of session. This allows for any last-minute toileting, changing, and relaxing before session begins.
*Please do not bring any pets, adults or children not being photographed to the session.
16) Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their pet/s and for themselves and release photographer from any claims against their person or their business.
17) Penalty
A print release will be given with digital files to print portraits for personal use. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Ree's Photo Obsessions by Marie Goldsworthy during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file. Valued at $125.00each.