PORTRAIT PHOTOGRAPHY CONTRACT
This Photography Agreement (“Agreement”) is entered into as of the {todaysDate}, by and between Sthefanie Souza Photography, a Photography Business with a primary address of 2118 Five Mile Line Road, Rochester NY 14526 (“Photographer”), and {clientName} with a primary contact address of {clientAddress} (“Client”), each a “Party” and collectively the “Parties.”
For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows for a photographic session to occur approximately on {photoSession}.
Definitions
The Terms “Photographer”, “photography team”, “us”, “we”, and “our” refer to Sthefanie Souza Photography and all agents, employees, or other representatives.
The term “including” means “including, but not limited to.”
The term “session”, “event”, and “photography session” refers to a hired photographic session for the purposes of taking custom photographs for a newborn baby.
This Contract is between the Client, whose name and address is listed above, and Sthefanie Souza Photography.
Terms
1. Retainer and Payment. The Client shall make a non-refundable retainer in the amount of $200 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. If The Client requests a Sunday session, there will be an additional charge of $50 totalling $250 for your session retainer.
Payment for product orders shall be submitted to the Photographer at the in-person viewing after the portrait session.
****The remainder of your package will be invoiced and due BY YOUR SESSION DATE*** in order for proofing gallery to be delivered via email. You may add additional images once your proofing gallery is received. If additional iimages are added, an invoice will be sent with the difference. No in-person deliveries at this time.
Any payment plan agreements agreed to by the Photographer and the Client shall be included as an addendum to this Contract. A late payment fee of $75 shall be applied to the late payment amount in accordance with the payment plan agreement. No products shall be delivered until the entire amount is paid in full.
2. All sales are final. Prices listed on the menu do not include sales tax, shipping and handling.
3. Cancellation. If the Client requests to amend or cancel this Contract 7 or more calendar days before the agreed upon photographic event date, the retainer shall be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels the photographic event date, the retainer shall be forfeited.
4. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 7 days prior to the scheduled event. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
5. Preparation. The client shall contact the photographer for any assistance to prepare. A preparation guide will be sent to the client by email.
6. Subjects. The Client shall maintain control of other subjects, including but not limited to, children and pets. It is the responsibility of the Client to ensure the cooperation of additional subjects. The Client shall provide all necessary controls over additional subjects.
7. Circumstances. If the Photographer is unable to perform the session due to children’s disposition, condition, or circumstances listed within this Contract, the photographer will determine if a re-shoot is necessary. 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.
8. Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
Prints shall take 1-3 weeks from time of print order to be processed and delivered to the Client.
Albums shall take 1-4 weeks from date of final design approval by the Client to be received by the Photographer.
Canvases shall take 2-4 weeks from date of final design approval by the Client to be received by the Photographer.
Frames shall take 3-5 weeks from date of final design approval by the Client to be received by the photographer.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $45 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
9. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.
10. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the client's order amount is paid in full per the payment schedule outlined in this Contract. Photographer is not responsible for loss or damage to the digital files or products due to circumstances beyond photographer’s control. The photographer is no longer liable for image loss after delivery. Client assumes all responsibility for the safety of all portraits upon receipt.
11. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to, all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
12. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
13. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
13. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
14. Substitute Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
15. Use of Independent Contractor. In the event a third-party Independent Contractor is hired for services or assistance for the photographic event, the Photographer is not liable for any actions by the Independent Contractor.
16. Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s 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.
17. Travel and Overage Fees. The Client shall pay $.55 per 1 miles outside the Zip code of 14625 that exceeds 15 miles.
18. Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1,000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
19. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events.
20. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of New York.
21. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
22. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.