PHOTOGRAPHY AGREEMENT
This Agreement is between Mikki Skinner and the above signified for photography services. The term “Mikki Skinner” (hereinafter “The Studio”) shall mean photographer Mikki Skinner as well as any other employees, subcontractors, assistants and interns of Mikki Skinner. “The Client” shall be those whose names appear above.
PHOTOGRAPH(S)
The term “Photograph(s)” means all photographic material furnished by The Studio, including but not limited to prints, digital images, products or otherwise.
SERVICES
This Agreement is for photography services and/or photography products as set forth in the “Proposal” attached hereto and incorporated by reference herein.
CANCELLATION
On signing of this agreement by both parties hereto and the payment of a retainer, The Studio will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all retainers and payments made prior to date of cancellation are non-refundable even if the shoot date is changed or if the shoot becomes cancelled by The Client for any reason. For transactions where The Client has received a copy of the contract and has paid the retainer without returning the contract, the contract will be in full force and effect as if the contract was signed.
PAYMENT TERMS
Payments must be made in accordance with the following terms:
The Total Funds charged amount to $750. A non-refundable reservation retainer of $150 is due upon signing. The remaining balance is due the week of the event/shoot.
If payment is not made in accordance with the above, The Studio reserves the right to cancel this event without refund of any retainers or payments made to date and without any further liability to The Studio. If payment is made by check, payment received is deemed received as of the date that the check clears and good funds are available to The Studio.
PRICES
The charges in this contract are based on The Studio’s price list. This price list is adjusted periodically and any future orders or additions to this contract shall be charged at the prices in effect at the time when the order is placed or any changes are requested.
DELIVERY OF PROOFS
Every effort will be made to process your proofs in a timely manner; however, seasonal demand and time will vary. Due to the artistic nature of photography, completion dates are only tentative, however, every effort will be made to remain within a two-week delivery schedule. The Studio will release the digital negatives from The Client’s event via a password-protected online gallery, as well as a link to download all final edited hi-res files.
DISCLAIMER
The Client understands that The Studio engages in artistic photography and not “traditional” photography. The Studio creates photographs in accordance with the creative vision of the photographer as an artist. Therefore, the Studio shall be granted artistic license in relation to the poses photographed and the locations used. The Studio’s judgment regarding the location, poses and number of photographs taken shall be deemed correct. Photographs taken during the course of the event will be at the discretion of The Studio. Although every effort will be made to comply with The Client’s requests, no shot is guaranteed.
USAGE
The Studio reserves the unrestricted right to use, display, and publish photographs of The Client or in which The Client may be included, as an example of its work, for purposes of advertising, publication, instruction and/or professional competition, editorial, website, and blog. The Studio must obtain permission prior to sale of photographs for profit. Federal Copyright Law protects photographers by giving the author (creator) of the photograph the exclusive right to copy, edit, and distribute images by sale or transfer.
The Studio grants The Client permission to print the digital negatives. The Studio also grants The Client permission to share digital media with proper "Mikki Skinner" photo credit fully visible with each image.
LIMIT OF LIABILITY
In the unlikely event that The Studio cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror or due to Photographer's illness or injury or other cause beyond the control of The Studio, responsibility and liability is limited to the return of the Reservation Retainer and payments received for the event package. In the event that The Studio cannot perform this Agreement due to factors outside The Studio’s control, every effort will be made to secure a suitable replacement. In such instances, The Studio is permitted to secure a suitable replacement without advance notice to The Client. The Studio takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond The Studio’s control, The Studio’s liability is limited to a refund of payments received, minus the cost of materials, development and any expended travel expenses. This limitation of liability will also apply in the event that the high-resolution digital files are lost through camera malfunction, damaged in processing, lost in the mail, or otherwise damaged or lost with or without the fault of The Studio. No refund will be due for any digital files lost, damaged, or destroyed after 6 months from the date of the shoot.
JOINT AND SEVERAL LIABILITY
Each Client signing below will be jointly and severally liable for the full payment to be made pursuant to the terms of this Agreement.
ENTIRE AGREEMENT
This Agreement contains the entire understanding between Mikki Skinner and The Client. This Agreement supersedes all prior and simultaneous agreements, both verbal or written, between the parties, and is governed by the laws of the State of New York. Any changes to this Agreement must be in writing and signed by both parties.
By signing this Agreement, all Parties have received, read, understood, and hereby agree to all of the terms set forth herein. Each Client signing will be jointly and severally liable for the full payment to be made pursuant to the terms of this Agreement.