This contract for Photographic Services between CLIENT (“the Client”) and Stacey Markel of Stacey Markel Photography (“the Photographer”) sets forth the terms and conditions by which the Photographer will provide photography services to the Client at the Session.
1. In consideration for the Session and Deliverable Images, the Client agrees to pay the Photographer a session fee, due immediately upon execution of the contract to reserve the time and date of the Session. This session fee does not include prints or digital images as those will be purchased separately.
2. For purposes of this Contract:
a. “Photographic Coverage” includes photography services provided by the photographer at the Session. The photographer will provide traditional posed portraits and lifestyle style portraits at the Location, except as prohibited by the Location.
b. “Proofing gallery” includes proofing gallery of approximately FORTY images, maintained on Stacey Markel Photography’s website for 30 days. The Proofing Gallery will be posted somewhere between two and four weeks after the Session. The Photographer retains full copyrights to all the images in the Proofing Gallery, and the Client may not download them, take screen shots of them or use them in any way except as a means to selecting which photographic products the Client wishes to purchase. The client may share images from the Proofing Gallery directly from the gallery via Facebook, Twitter or Google+. The Proofing Gallery will be available for 30 days at staceymarkelphotography.com. After the 30 days, the gallery will expire. If the Client requires gallery to be reposted, a $40 fee will apply. The $40 fee must be paid in full before the gallery will be reposted.
c. The “Session Fee” is the amount paid by the Client to the Photographer in the consideration for her time and talent at the Session and to edit the proofing gallery. The Session Fee does NOT include any Photographic products, to include prints, digital copies or canvas prints unless otherwise stated (ie., Mini Sessions).
d. “Photographic Products” includes prints, digital copies, wall art, and other products that the Photographer produces or causes to be produced at the Client’s request. Photographic products are purchased after the Session and are not included in the Session Fee.
3. Upon execution of this Contract, the Photographer shall reserve the time and date agreed upon, and will not make other reservations for that specific time and date and will purchase materials for the Session. For this reason, the Session Fee is non-refundable. In the event of postponement or cancellation when the Photographer is able to fully replace the cancelled reservation with an event of equal or greater value, a portion of the fees paid prior to the date of cancellation may be applied to future photographic services, subject to date availability and at the Photographer’s sole discretion. The Photographer will make every attempt to reschedule the Session ONE TIME at the request of the Client with at least TWO DAYS notice. If the rescheduled Session is also moved at the Client’s request, the Session Fee shall be forfeit and a new Session Fee may be required to schedule another session.
4. The Client requests that the Photographer take pictures and use photographic equipment, to possibly include flash at the Session. The Client represents, for purposes of this contract, that no restrictions will be placed on the Photographer’s professional use of her equipment, to include flash. The Photographer will be available and ready to shoot for approximately 60 minutes (90 minutes for seniors) at the Location. It is the responsibility of the Client to be prompt and available for portraits during that period. In the event that the Client is not available for portraits during that period, that may affect the quantity of proofs delivered in the Proofing Gallery.
5. The Photographer shall be the exclusive photographer retained to perform contracted photographic services at the Session. Client use of cameras, to include cell phone cameras, during the Session interferes with the Photographer’s ability to create proper lighting conditions and exposure. The Client agrees not to take any photographs during the Session and to limit any attempt by others to do so.
6. The Photographer agrees to make reasonable efforts to accommodate the Client’s requests with respect to specific photographs taken at the Session. The Client hereby understands and acknowledges that any such lists submitted are suggestions for the Photographer’s consideration and will be used for organizational purposes only and in no way guarantees photographs that will actually be produced. Due to the limited and subjective nature of the Session, the Photographer cannot be held responsible for requested photographs not taken or missed or lack of coverage resulting from weather conditions or schedule complications caused by, but not limited to, anyone in or at the Session, or by location restrictions.
7. The Photographer takes the utmost care with respect to exposure, development, storage and delivery of photographs and will make every reasonable effort to satisfy the Client. However, in the event of failure for any reason to comply with the terms of this contract, the liability of the Photographer shall be limited to the damages sustained by the Client, and in no event shall exceed the monies paid to the Photographer by the by the Client pursuant to this Contract.
8. The Photographer shall have no responsibility for fire or theft or other casualty or liability for failure to supply any product or service when prevented from doing so by acts of God, strikes, labor disputes, death, accidents, illness or emergency, equipment malfunction or any cause beyond the Photographer’s reasonable control.
9. The Client grants the Photographer the right to use the image of the Client and all minors in the Client’s family, for advertising and other commercial purposes in print and on the internet.
10. Upon default of any payment, late fees and interest charges (1.5% per month) will be assessed and the Client will assume responsibility for any and all collection costs and legal fees incurred.
11. The Client will be responsible for any location fees, permit fees or venue fees, if required.
12. The Client gives the Photographer irrevocable rights to use the images, negatives and prints from the Event for samples, displays, publication, internet websites, advertising, illustration, commercial art, exhibitions, contests and other purposes without compensation. The Client will hold the Photographer harmless for any actions resulting from the use of photographs of people in attendance at the Event.
13. NOTICE OF COPYRIGHT: It is ILLEGAL to copy, scan or reproduce the Deliverable Images without a written release, and violators will be subject to its civil and criminal penalties. The print release provided with the images covers only personal use. Nothing in the contract shall be deemed to grant the Client commercial use of any images taken at the Session. In the event that the Client decides to purchase digital copies of the images in the Proofing Gallery, the Client understands that the printing rights granted to the Client are for PERSONAL USE only and should not alter the photographs in any way (except for cropping). Any resale of the images by the Client is NOT permitted.
14. Final images are individually edited at the full discretion of the Stacey Markel Photography. These images are used for online proofing, high resolution files and albums. Client cannot alter images in ANY way. Photographer will edit photos for color correction, exposure, and basic retouches including blemishes, stray hairs, and minor wardrobe malfunctions if feasibly possible. Additional minor editing can be requested immediately by client and can be completed up to two months after session. After that, these cannot be accomodated due to RAW files being deleted. Extensive editing at the request of the Client can be purchased at an additional fee of $10 per image but only up to two months after session.
15. Any disputes under this contract will be governed by the law of, and shall be subject to the exclusive jurisdiction of, the State of Maryland. Venue of any legal action shall reside in Frederick County, Maryland.
16. This Contract represents the full and entire understanding of the parties, and any documentation other than this contract such as, but not limited to, correspondence, conversation notes, emails and lists shall have no legal force or effect.
17. Any modification of this Contract must be in writing and signed by both parties.
COVID-19 Liability Release Waiver
The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations, guidelines, and some prohibitions which Stacey Markel Photography (the "Organization") adheres to comply.
In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:
- I am aware of the existence of the risk in my participation in the activity of the Photographer that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
Following the pronouncements above I hereby declare the following:
- I am fully and personally responsible for my own safety and actions while and during may participation and I recognize that I may be in any case be at risk of contracting COVID-19.
- With full knowledge of the risks involved, I hereby release, waive, discharge Stacey Markel Photography and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
- I agree to indemnify, defend, and hold harmless Stacey Markel Photography from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.This waiver will remain effective until laws and mandates relevant to COVID-19 are lifted.
- I hereby warrant that I am a legal competent adult and/or a parent or legally appointed guardian of the minor, and that I have every right to contract for the minor in the above regard. I state further that I have read the above authorization, release and agreement, prior to its execution, and that I am fully familiar with the contents of it. This release shall be binding upon the minor and me, and our respective heirs, legal representatives, and assigns.