Photography Contract

SCOPE OF SERVICES

The Photographer agrees to provide professional photography services (the "Services"). This includes a short initial consultation to SPECIFY your photography needs, and any special requests.

PAYMENT AND ADDITIONAL FEES

The agreed date and Services will be locked in once the Contract is signed and the non-refundable deposit is paid. Any remaining balance will be due at your session/event date. The Client shall be responsible for any additional fees or expenses incurred beyond the scope of the original Services outlined in this Contract, including but not limited to transportation to the venue, accommodation, and flight tickets. Travel within 30 minutes from Strong, ME will be free of charge. Any location beyond that will be charged starting at a rate of $.95 per mile for a two-way trip. If the event/session requires special permits or fees for photography at the chosen location, the Client is responsible for obtaining and covering these costs. If an additional Photographer or assistant is required, a fee of $500 shall be charged.

RAW IMAGES

Raw images are not included in the deliverables unless explicitly stated in the package or additional services. Raw images are unprocessed and require specialized software, editing, and expertise before being ready for use. Thus, the Photographer is not responsible for providing any raw images to the Client.

PRODUCT DELIVERY

The Photographer will provide the Client with a minimum of 5 edited images. The Client will get to select their favorite images for further editing or printing. If the Client wishes to have more images processed or edited, an additional fee of $20 per photo will apply. The final edited images will be delivered to the Client as JPEG, which are digital formats. These images are suitable for printing or digital/online use. The Photographer will provide the final images within 20 days after the photography session. Upon delivery, the Client will have 5 days to review and request any additional changes or editing, if needed. After this period elapses, a $50 fee will be applied. Any additional products, such as prints or albums, are available upon request at an extra cost.

BACKUP AND STORAGE

The Client is responsible for downloading and securely storing the images upon receipt. The Photographer will retain copies of the final edited images for 90 days after the delivery of those images. Beyond this period, retrieval of these images is no longer guaranteed, and an archival retrieval fee of $50 will apply for images that can be retrieved upon the Client’s request.

USAGE RIGHTS

The Photographer will retain rights to all photos or video produced from the Services provided. The Client maybe granted personal or commercial use licenses, which allow the Client to use these images in a limited way for an unlimited period of time.

CREATIVE CONTROL

The Photographer retains creative control over the final edited images and the overall artistic direction of the Services provided. The Client acknowledges that they are aware of the Photographer’s artistic and editing style, which will be applied to the images provided. The Client may request minor adjustments to brightness, contrast, and color balance, or the removal of small blemishes or distractions. The Photographer reserves the right to accept or decline editing requests based on their professional judgment. ie. Body reshaping.

OVERTIME AND DELAYS

An overtime fee of $200/hour shall be charged if the Services EXCEED the allotted timeframe due to factors beyond the Photographer’s control. A delay fee of $50 maybe charged every 30 minutes if the Client isn't ready for their photoshoot appointment. 

REFUND POLICY

The deposit paid is non-refundable. If the Client fails to attend the event/session without providing at least 48 hours’ notice, no refund will be issued. If the Client is dissatisfied with the quality of the services offered, they must notify the Photographer within 7 days of receiving the final edited images. The Photographer will make reasonable efforts to address any concerns the Client has. One reshoot will be offered at no additional cost.

Once additional products (e.g., prints, albums) have been ordered and payment has been made, no refunds will be issued. The Client acknowledges that they will be responsible for carefully reviewing and approving all product specifications before approving and confirming the order.

CANCELLATION

In the event that the Client wishes to cancel the photography services, a written notice must be provided to the Photographer at least 7 days prior to the scheduled date. The non-refundable deposit of $150 will not be returned, but any additional fees paid apart from the deposit will be not refunded.

RESCHEDULING

The Client may request to reschedule the event date by providing written notice to the Photographer at least 7 days before the originally scheduled date. If a written notice is not provided at least 7 days before the initial date, an additional fee of $25 will apply. Rescheduling is subject to the Photographer’s availability. If the Photographer is unable to provide the Services due to unforeseen circumstances such as illness, injury, or emergencies, the Photographer reserves the right to reschedule the Services to a mutually agreed-upon date. If rescheduling is not possible, a full refund of any fees paid, including the deposit, will be provided.

INDEPENDENT CONTRACTOR

The Photographer is an independent contractor and is not considered an employee, partner, or agent of the Client. The Photographer may provide photography services to other clients during and after the term of this Agreement.

SOCIAL MEDIA AND ADVERTISEMENT

The Photographer reserves the right to post videos and photos taken during the Services for promotional and marketing purposes, including but not limited to a website, social media, portfolio, and advertising materials. The Client grants the Photographer the irrevocable and unrestricted right to use these photographs without any compensation for sensitive images approval will be required.

ELECTRONIC DEVICES

Cameras are not permitted at any session including phone cameras, and videos are only permitted during any session if Alana's Fine Art Photography agrees to do so with the client.

FORCE MAJEURE

Neither party shall be held responsible for any failure to perform under this contract due to causes beyond their control, including but not limited to natural disasters, extreme weather, accidents, and travel disruptions.

DISPUTE RESOLUTION

If direct communication does not lead to a resolution, both parties agree to engage in mediation by a neutral third party. The cost of mediation shall be shared equally between the parties. In the event of any legal action or proceeding related to this contract, the prevailing party shall be entitled to recover all its legal fees.

SEVERABILITY

If any provision of this contract is found to be invalid, illegal, or unenforceable under any applicable law, the provision shall be severed from this contract without affecting the validity, legality, or enforceability of the remaining provisions.

INDEMNIFICATION

The Client agrees to indemnify and hold harmless the Photographer and their affiliated agents and employees from and against any and all claims, injuries, liabilities, damages, and costs, including reasonable attorney's fees, arising in connection with the Services provided, except in cases of gross negligence or willful misconduct.

ENTIRE AGREEMENT

This contract constitutes the entire agreement regarding the Services and supersedes all prior discussions, understandings, and agreements, both written and verbal.

No modification, amendment, or alteration of this Agreement shall be binding unless it is made in writing and duly executed by both parties. By signing below, both parties acknowledge and agree to the terms and conditions stated in this Agreement.

 

Copyright:
Alana's Fine Art Photography retains the copyright on all images and reserves the right to use the images for advertising, display, publication, social media and/or other purposes for our portfolio. 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 the photographer in the event of litigation arising out of such use. Digital files and previews remain the exclusive property of Alana's Fine Art Photography. Under no circumstances, can a client use these images for profit, commercial endeavours, professional display, or in competition. Copying, snap shotting, saving or scanning images from the clients gallery, Alana's Fine Art Photography website, or social media sites is considered stealing, regardless of the intent for use. 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. 

SHARING images and links on the web from its main source is highly acceptable and encouraged to show family and friends your beautiful images.

Liability:
The client is aware if they choose to print their images through a personal chosen lab that the quality of the end result print of the digital files delivered is not under the control of the photographer, and frees Alana's Fine Art Photography from any liability for any potential claims whatsoever based upon discolouration in the end result.

If Alana's Fine Art Photography cannot fulfil this contract due to fire or other causality, or beyond the control of the photographer, or due to the photographer’s illness or emergency, then the photographer shall return any deposit or sitting fee to the client but shall have no further liability with respect to the contract. This limitation on liability shall also apply if the event of photographic materials is damaged without fault on the photographer. The client releases any and all employees of Alana's Fine Art Photography from all liabilities, claims and damages that may result from any accidents or incidents that could have been prevented that may happen during the session.

Alana's Fine Art Photography 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. 

By signing this contract, you are agreeing not to copy, save, or reproduce images in anyway other than backing up your digital files. This includes copying and saving images from website, social media, or any there form of advertisement.

I have read and understood this agreement, including the terms and conditions, and agree to be bound to them.

I am the parent or legal guardian of any minor(s) named above and have the legal right and authority to execute the model release stipulations named in this contract on behalf of the minor. *

Booking Fee: The booking fee of $200 is due upon booking and $150 is non-refundable. This fee secures your session date and time at the current pricing structure. 

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