PHOTOGRAPHER
Lauren Blaha Photography LLC
2 Coventry Sq.
Holmdel, NJ 07733
lb@laurenblaha.com

b. This contract is for services and products related to a photography shoot (hereafter “SHOOT” or “the SHOOT”) to take place at the following time and place:

1. PHOTOGRAPHER and CLIENT are to arrive for the SHOOT at the following date and time:

2. PHOTOGRAPHER will provide coverage contiguously for either:

1. (for equine/canine portraiture + sale horse/stallion sessions) time necessary to gather sufficient, high quality photographs/footage

2. or (for horse/dog + human sessions) time indicated by selected package

3. PHOTOGRAPHER and CLIENT will meet at the following venue at the aforementioned time:

1. In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay a fee according to the following order:

b. CLIENT agrees to pay a non-refundable retainer of 50% OR otherwise discussed number to PHOTOGRAPHER on day of booking. CLIENT understands that their date WILL NOT BE HELD and will not be considered booked until retainer is paid. Retainer is non-refundable as compensation for holding the client's date (barring PHOTOGRAPHER from booking any other clients on that day), time committed during booking process, advance travel arrangements that must be made, and any other expenses incurred.

c. CLIENT agrees to pay balance in entirety on day of shoot.

d. For Equine/Canine Portraiture session only, PHOTOGRAPHER agrees to give CLIENT a $100 credit per animal toward a canvas gallery wrap of their choice.

e. For Full Horse/Dog & Human session only, PHOTOGRAPHER agrees to give CLIENT a $100 credit toward a prints and/or products of their choice.

f. Travel expenses such as parking, shipping, or destination fees must be reimbursed to the PHOTOGRAPHER. Travel fees are pre-determined and included in the above total. Travel is included up to ten miles (10 miles) in each direction for a total of twenty miles (20 miles) on the day of the SHOOT. CLIENT is responsible for all location fees and permits.

g. CLIENT understands that - if paying by personal check - no work product will be released until check has cleared.

h. Returned checks are subject to a $50.00 returned check fee. CLIENT assumes responsibility for any and all collection costs and legal fees incurred by the PHOTOGRAPHER in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

a. According to the following order, PHOTOGRAPHER agrees to provide web-resolution digital images for CLIENT to digitally download after the shoot, and is not required to provide more than this number of images.

b. For Equine Portraiture Sessions only, web-sized digitals are included in the session fee. PHOTOGRAPHER will deliver “web-sized” (1000 pixels on the long side of the image) digital copies of photos to CLIENT no more than thirty days (30 days) after the date of the SHOOT. Photos will be delivered in an online gallery. PHOTOGRAPHER and CLIENT will meet a second time after the SHOOT for an ORDERING SESSION where PHOTOGRAPHER and CLIENT will review photos together and PHOTOGRAPHER place a print order for CLIENT. 

c. For Horse + Human Sessions only, 2 (mini session) or 5 (full session) web-resolution digitals are included in the session fee. Additional digitals and prints are available for purchase, or all web-resolution digitals from online gallery will be delivered with a minimum print order of $250. PHOTOGRAPHER and CLIENT will meet a second time after the SHOOT for an ORDERING SESSION where PHOTOGRAPHER and CLIENT will review photos together and PHOTOGRAPHER will place a print order for CLIENT. If and only if CLIENT meets or exceeds the $250 minimum order, PHOTOGRAPHER will deliver “web-sized” (1000 pixels on the long side of the image) digital copies of all online gallery photos to CLIENT no more than thirty days (30 days) after the date of the ORDERING SESSION.

 

d. CLIENT may not print photos using any external service without express written permission of PHOTOGRAPHER. Prints may be ordered by the CLIENT online through the gallery provided to CLIENT by PHOTOGRAPHER. Print orders will be fulfilled by a third party professional photo lab. CLIENT understands that delivery times for prints may vary and PHOTOGRAPHER is not responsible for personally filling and delivering print orders.

e. Copyright of images produced by the PHOTOGRAPHER and/or the PHOTOGRAPHER’s sub-contractors shall remain with the PHOTOGRAPHER. CLIENT may not alter images in any way, including but not limited to cropping, editing content, altering colors, and adding logos.

f. PHOTOGRAPHER agrees to license photos to CLIENT from the SHOOT. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. CLIENT may share provided photos on digital forms of social media (Facebook, Twitter, Instagram, Imgur, Reddit, Google+, and others), e-mail, instant messenger, and other digital and web media. Photos from the SHOOT to be delivered to the client will be according to the following order:

How many digital photos will be licensed to client, and in what resolution?

1. PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT. For example, the PHOTOGRAPHER has no liability for failing to capture the bride throwing the bouquet. CLIENT may provide a suggested photo list to PHOTOGRAPHER no less than 24 hours prior to the SHOOT to include photos that CLIENT would like PHOTOGRAPHER to shoot, but PHOTOGRAPHER has no liability for capturing any of the photos on the list.

2. CLIENT assumes full responsibility for choice of outfits, tack, turnout, and presentation of both human and equine models.

3. CLIENT assumes full responsibility for behavior of both human and equine models. CLIENT agrees that PHOTOGRAPHER will be held harmless for any inability to perform duties due to human or equine behavior. PHOTOGRAPHER reserves the right to cancel a session without a refund due to dangerous/difficult equine behavior, observed abuse, human intoxication, any and all illicit or illegal activities, or situations where the PHOTOGRAPHER feels endangered or harassed beyond reason.

4. If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the photographer’s control or expectation, client agrees to indemnify photographer for any loss, damage, or liability; however, PHOTOGRAPHER will return all in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.

5. CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.

6. CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a reasonable number of photos from the SHOOT for 60 days after the SHOOT. After this period has expired, PHOTOGRAPHER has no duty to retain copies or originals of files or photos from the event. It is the responsibility of CLIENT to download, store, and backup photos after the 60-day period. This clause is subject to the limitations in Section 5e of this Contract.

7. CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.

8. CLIENT agrees and understands that the quality of a photograph is entirely subjective. Images are edited at the PHOTOGRAPHER’s discretion, and delivered images may not include all images shot. The PHOTOGRAPHER reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.

9. CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. CLIENT agrees to hold PHOTOGRAPHER harmless for any edits which may be viewed as defamatory or demeaning.

CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.

CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.

In exchange for valid consideration, CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, exhibitions, contests, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.  

Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of New Jersey. The arbitration shall be binding on the parties.

This Agreement constitutes a single integrated Contract expressing the entire agreement of CLIENT and PHOTOGRAPHER with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.

This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and signed by an authorized representative of each party.

This Contract is governed by the laws of the state of New Jersey and federal courts in that district. CLIENT and PHOTOGRAPHER agree to subject themselves to the laws of this state except for as provided in the arbitration clause. CLIENT and PHOTOGRAPHER hereby waive the right to object to venue within this state.

If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.

The clause headings in the Agreement are for reference only and do not form a part of this Agreement.

Full name of PHOTOGRAPHER: Lauren Elizabeth Blaha

Representing PHOTOGRAPHY COMPANY: Lauren Blaha Photography LLC

Signature of PHOTOGRAPHER

By signing below, I (the CLIENT) acknowledge that I have read, understand, and agree to the terms and conditions of this document.