AGREEMENT TERMS & CONDITIONS
Please read the following terms carefully before signing the contract.
CANCELLATION/POSTPONEMENT: Parents/Guardians/Models understand that by entering into this agreement, Photographer is foregoing other photographic jobs. If it is not possible for a session to take place on a scheduled day due to weather, Photographer will reschedule on an agreed date at the earliest date possible.
COOPERATION/NO SHOWS: Photographer is not responsible if Model fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If the Parents/Guardians/Models are 20 minutes late or more to their session, photographer can cancel the session.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Billie Roche Photography. In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all imagescreated under this agreement, to the general public, for any reason, including but not limited to: advertising,marketing, sales, print competitions, social media, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites with credits to Photographer
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
MODEL'S USAGE: Model is obtaining digital files for personal use only, and shall not sell said files or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Billie Roche Photography" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs. Clients acknowledge that changes in technology will likely render current storage media, including DVDs, CDs or USBs obsolete in the future. Client's further acknowledgement that storage media may fail. Therefore, Models undertake the responsibility to make back-up copies of their digital files as soon as they receive them from Billie Roche Photography and to transfer their digital files to new media as it becomes available. Billie Roche Photography will maintain copies of model's image files on for a period of 1 month from session/event date, after which time Billie Roche Photography may, in her sole discretion, delete or discard Model's images. Billie Roche Photography shall not have any responsibility, or held liable, for any failure of electronic storage media or computer equipment.
MODEL RELEASE: Billie Roche Photography reserves the right to use images and videos created under this contract for advertising, display, social media, publications or other purposes. The parents/guardians/models signing this contract warrants that he or she has actual authority to agree to the use of 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. Parents/guardians/models grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Parent's child or children, or in which Parents/guardians may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Parents/Guardians/Models hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
EXHIBITION: Parents/ Guardians/Models grant Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. However, Photographer can cancel the FREE model call shoot anytime for any reason whatsoever.
The Parents/ Guardians/Models understands that Billie Roche Photography and its photographers will not be held liable or responsible for any injuries, illnesses, deaths, etc. that may or may derive from portrait session shoots. Billie Roche Photography's style involves outdoor sessions that may or may not be in rugged areas (that may include tall grass, insects, snakes, etc.) as well as urban areas. Any injuries, robberies, vehicle impoundment or towing, etc. that occur during or after the shoot will not be the liability or responsibility of Billie Roche Photography and its photographers.
INHERENT QUALITIES, MATTERS AFFECTING PHOTOGRAPHY: Parents/ Guardians/Models understand that the image quality from a given file can vary widely in color, contrast, and overall quality depending on where and how a print is made, and that digital files may need separate color correction depending on the method of output. Parents/ Guardians/Models agree to not hold Billie Roche Photography responsible for any quality issues that arise from further prints, scans, or other reproductions made from all images. Parents/ Guardians/Models are aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Parents/ Guardians/Models releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities. Billie Roche Photography and its photographers are not responsible and liable for models who do not look at the camera or do not smile at camera, blinking, being negative about getting their photos done, not cooperative, any distractions (hair in the way, other backgrounds, etc.) lack of picture time, no desired pictures from the session, have outfit malfunctions or any reason whatsoever. Parents/ Guardians/Models understand and agree without giving refunds, reshoots or substitutions. Billie Roche Photography shall not be held liable for any reason whatsoever.
COMPLETION SCHEDULE: STANDARD PROCESSING takes 1 to 2 weeks. You will be notified via email once your images are ready.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Images will go through standard processing. Minimal enhancement is made for color and contrast corrections calibrated to fit out lab specifications. Billie Roche Photography will allow limited enhancement of images. This only includes very minor tweaking if any, and no retouching or any object or background, erasing disttracting backgrounds, adding special effects, etc.) Billie Roche Photography has performed to its best ability with regard to enhancing images and editing and that Billie Roche Photography has no further responsibility towards said enhanced images. I enhanced or artistically edit images in a certain way that I know best and that fits my own editing style. It requires a lot of time and patience to do this. There will be NO further editing to ALL images for model calls. Photographer has the right to refuse ALL requested edits to the images. Parents/ Guardians/Models may not re-edit the photos given. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Parents/ Guardians/Models. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for 1 FREE model call session with Billie Roche Photography and Billie Roche.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.