AGREEMENT TERMS & CONDITIONS
PAYMENT ARRANGEMENT: The Client will pay the Photographer 50% the total fee specified in the contract at the time of booking, and sign copy of this agreement, to serve as a retainer of appointment. The remainder is due at the conclusion of the shoot. The total fee will include the amount specified in Section 2 as well as mileage and lodging as specified below.
For photography sessions beyond 25 miles of photographer's studio in 30329, the Client is additionally responsible to pay mileage, to be calculated at the current federal rate of $0.70 per mile round trip.
A fee of 2.6% in person or 3.5% remote will be issued for credit card payments.
Lodging: In the event that Lodging is necessary in order to complete the agreed upon photo session the Client agrees to pay a stipend no less than $100.00, or equal to lodging necessary for the occasion, to the Photographer at the time of the booking.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the retainer paid is non-refundable. Retainers are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
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 images. If Client and/or key individuals fail to appear to a scheduled portrait session, the 50% retainer is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit.
IMAGE SELECTION: Client will select images with assistance from the photographer during the reveal session or via Skype or Google Hangouts screensharing if long distance. Blurry or problematic images will be discarded prior to selection process. No refund is available should client select less than the quantity of images contained in agreed upon package. Client may upgrade a package to incorporate more images, or order a-la-carte, but not downgrade.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Shayna Image/Rachel B Linkwald ("Photographer") who retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are purchased by the Client.
All images created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The raw files remain sole property of Photographer and are not available for purchase.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images
ii) Upload, email, or electronically transfer the images or files
iii) Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
Applying for copyright registration or selling of any image or electronic files supplied by Photograper.
Making 'Derivative Works' or otherwise modify, including editing and/or manipulating electronic files.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Shayna Image" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
ONLINE GALLERY: Online gallery will be available to the client after the completion of product order if included in purchased package. Gallery is password protected, and print purchases are available to anyone with access directly from the gallery. Also included are 8x12 downloadable images if online gallery is purchased.
MODEL RELEASE: Client grants to Photographer right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
Should photographs of intimate nature be taken, no images that contain nudity will be published. Any use of the Photographs by Photographer will be restricted to images that do not contain Client’s face. Photographer will not use any photos of the Client’s face without express permission from the Client.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: SHAYNA IMAGE IS NOT RESPONSIBLE FOR ANY INJURIES before, during or after session, NOT RESPONSIBLE FOR ANY MEDICAL BILLS, PERSONAL TREATMENT, or DOCTOR VISITS if an injury was to happen during a session, and is not responsible for any damaged property during session. Clients agrees to pay any damages if caused by clients during session. We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement, including increasing duration of service or quantity of images, to be paid in full by Client prior to delivery of the images. Client choosing to cut short a session is still obligated to the total fees outlined in this Contract.
PRINT/FILE FEES: Prints are available either individually or in print packages, shipped through the U.S. Postal Service. Print and Print Package pricing is set out in the attached Print Pricing Schedule.
SELECTION OF FILES: Initial culling of images is up to Photographer's discretion. Client will then make final selections with assistance from the Photographer.
REFERRALS: For every completed photo shoot where the client names you as the referring party, Photographer offers 15% off a future shoot. Two shoots = 30%, etc.
ADDITIONAL EDITING: beyond the Shayna Image standard $1.75/minute
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Shayna Image/Rachel B Linkwald.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.