This agreement is made between:
Marie Flaim/M.Flaim Photography and the Event/Coordinator/Buiness as listed in this form.
Rescheduling and Cancellations:
Either party may cancel this agreement with at least 48 hours’ notice. Any completed work or expenses incurred will be invoiced and must be paid accordingly.
If the event is postponed, the Photographer will make reasonable efforts to accommodate the new date of the event listed above.
Fees and Payment Terms:
1.) The photographer will receive a Base Fee paid by the camp, company or client hosting the event. This fee covers basic time and services, regardless of print sales. Payment is due within 5 days after the final event date.
2.) Additionally, edited photographs will be uploaded to an online gallery on the photographer’s website for the public to view, and a link to a private gallery will be provided to all families, or guests of the event for digital downloads, and print purchases.
3.) Print sales: Families or individuals may purchase prints through the photographer’s website. The photographer retains 100% of proceeds from all sales.
*Accepted payment methods: Cash, or credit card only. Checks are not accepted. *
Model Release (Minors):
1.) If minors are present, the client/company must have all parent/legal guardians sign a release authorizing the photographer to photograph and use images of minors. The photographer will rely on the client/company to ensure compliance. Model release forms for minors can be found on the photographer’s website at www.mflaimphotography.com
2.) The client/company acknowledges that the photographer will only take photographs of minors whose parents or legal guardians have signed a completed model release form. Any child without a signed release will be excluded from all individual and group photographs, both candid and posed.
3.) Furthermore, only parents or legal guardians who have submitted a signed release will be granted access to the private online gallery containing downloadable images and purchase options. The photographer is not obligated to provide images to families who have not submitted a release.
Adult Participation and Implied Consent
1.) By attending the event and knowingly placing themselves within range of the camera, any adult participants or attendees of the event grant the photographer permission to be photographed and to have their likeness used in the following ways:
-Online viewing galleries
-event documentation
-promotional materials of the photographer’s (e.g. website, social media, portfolio)
2.) Please be advised, it is the responsibility of the client/company hosting the above event to notify adult attendees of the presence of a photographer and the “implied consent” policy
3.) Adults who do not wish to be photographed must inform the client/company or Photographer in advance and avoid photography areas. No compensation will be provided for such use.
Image Delivery and Editing:
1.) The photographer will deliver edited images only; Raw images/files are not provided
2.) The photographer maintains full artistic discretion in selecting and editing the final images delivered. Requests for specific editing styles or adjustments may be considered but are not guaranteed.
3.) Delivery is estimated within 2-4 weeks of the event.
Liability and Limitations:
1.) The photographer will take all reasonable steps to provide high-quality services and capture images as agreed. However, the photographer shall not be held responsible for any failure or delay in performance due to circumstances beyond their control, including but not limited to equipment failure or malfunction, loss or damage of digital files, client tardiness, unforeseen venue restrictions, inclement weather or emergency situations (E.G., illness, injury or transportation delays)
2.) In the unlikely event that images are lost, stolen, damaged or rendered unusable due to technical failure or other unforeseen circumstances, the photographer’s liability is strictly limited to a refund of all payments received for the event described in this contract. If a portion of the images are successfully delivered, a partial refund may be offered at the photographer’s discretion.
3.) The photographer is not responsible for missed shots due to interference from other cameras, obstructions, or restricted access. The client is responsible for securing permission to photograph at selected venues or events.
4.) Under no circumstance shall the photographer be liable for indirect, incidental or consequential damages arising from the performance of this contract. The total amount shall not exceed the amount paid under this agreement.
Copyright and Usage Agreement:
1.) The photographer retains full copyright ownership over all images.
2.) The client/company is granted a non-exclusive, non-transferable license to use the images for personal or promotional use related to the event. The images may not be altered, resold, or used for commercial resale without written permission from the Photographer.
3.) The photographer may use the images from the event for portfolio, website, and promotional purposes unless otherwise specified by the client in writing.
Miscellaneous:
1.) This agreement is the entire understanding between parties
2.) Any amendments to this contract must be made in writing and signed by both parties.
3.) The agreement shall be governed by the laws of the state of Pennsylvania.