AGREEMENT TERMS & CONDITIONS
1. Exclusive Photographer. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event or session. Guests, Family and friends of the Client shall be permitted to be photographed as long as they shall not interfere with the Photographer’s duties.
2. Non-Refundable Retainer and Payment. The Client shall make a deposit to retain the Photographer to perform the services specified herin. When the order is completed, the retainer shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full during or before the event for the service to be provided. The Photographer may require the balance to be paid up to 24 hours before, at will depending on the event or session.
3. Cancellation. If the Client shall cancel this Agreement ninety (90) or more calendar days before the event date, any balance paid to the photographer up to the date of cancellation, excluding the retainer will be refunded. If client shall cancel within ninety (90) days of the event date and if the Photographer does not obtain another assignment for that date, liquidated damages shall be charged in a reasonable amount not to exceed the retainer. All non-event sessions (these include: family, portraits, children, babies, newborns, glamour/boudoir, couples/engagements, seniors and others) are to cancel with at least 24 hour notice before the session, unless the cancellation is caused by an act of God or is emergent, to be rescheduled with no fee. A cancellation fee of the amount for the session will be billed to the Client if they fail to meet the appointment.
4. Tardiness and Punctuality. It is important for both Photographer and Client to arrive on time for the appointment set in this Agreement. If the client fails to arrive within 15 minutes of the session appointment time the Photographer will have to shorten the session to compensate. If the Client fails to appear for the session appointment within 30 minutes of the appointment time it will be considered a no show cancellation. A fee may apply for this.
5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
6. Client’s Usage. The Client is obtaining prints for personal use only, and shall not sell said prints. If the Client is obtaining a print for the newspaper announcement of a wedding, editiorial use or website, the Photographer authorizes Client to reproduce the print in this manner. In such event, Client shall run a credit for the Photographer in comprable size adjacent to the photograph. If the Client wishes to enter any photograph from the session or event the Client must notify the Photographer, obtain a watermarked copy to enter and gain an agreement for use. This may include a fee or compensation for use.
7. Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike act of God, or other cause beyond the control of either of the parties, or due to Photographer’s illness, or lack of childcare then the Photographer shall either return the retainer, reschedule the session/event, or find a comprable phhotographer to step in. The Photographer shall have no other liability with respect to this Agreement this limitation liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the even the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess to the retail value of the Client’s order. The client also agrees that they have reviewed the Photographer’s portfolio and understand that the Photographer has creative control over the editing process. The Client understands the Photographer’s style and they are purchasing the use of that style and also the experience involved in the session. The Photographer does not perform additional editing unless within reason after photos have been uploaded to the Client’s gallery. Additional editing and retouching is $15 per image.
8. Cooperation. The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying those individuals or gathering them for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. The Photographer is not responsible for the amount of cooperation given by the Client or how the Client appears, evoked emotion; the Client is responsible for cooperating in an appropriate manner to gain the poses and any other details previously discussed. No pose is guaranteed by the Photographer. The Photographer will do their best to include any requested but will not be held liable for not presenting them all. In the event that on the day of the event the client has asked us to stop taking photos due to weather, dress malfunction, drama, or any situation out of our control, the photographer is not held responsible for images not taken that would have normally been taken during that time. In the event that a special interactive activity (can include but not limited to, giving of gifts, special dances, announcements) happens, that the photographers were unaware of or was not mentioned in the questionnaire that was filled out, Lillianna Matthew Photography will not be held responsible for those shots.
9. Model Release. The Client hereby grants to Lillianna Matthew Photography and it's legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; and to copyright the same. The Client hereby releases Lillianna Matthew Photography and it's legal representatives and assigns from all claims and liability relation to said photographs.
10. Print Release. The Client has purchased high-resolution digital files from his/her photography session with the Photographer. The Client is hereby granted permission by Photographer to reproduce the images and make an unlimited number of prints, for personal use only. Friends and family may purchase prints or digital copies from the Photographer only.This permission applies worldwide. Client agrees that he/she may not use any images for commercial or editorial purposes, or enter any images into competition without the express written permission of the Photographer. Photographer retains the copyright to all images. The Photographer is also not liable for any printing done outside of purchasing directly from them. If you would like advice on which consumer labs to purchase from the Photographer may offer suggestions but is not held liable for any printing quality or specifications.
11. Weather Policy. In the event of weather conditions that are out of our control: If the Client has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the Client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the Client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer’s discretion if bad weather persists to cancel the session, during the session. f the Client has been contacted and advised to reschedule due to the Photographer’s concerns about weather, and the Client decides to go ahead and reschedule, the client will not be charged to do so. The Client will then be put on first alert for their rescheduled session and able to have their session even on non-session days. LMP will not photograph in conditions that they deem as inappropriate or not conducive to an ideal setting for a portrait session.
12. Props. The client is responsible for bringing any props that they would like in their photos. In the event that the client has forgot a prop for the session and wants photos with that prop, the Client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. LMP does offer sessions with props, but the style of the photographer is currently simplistic with lite use of props. During those requested sessions the Photographer will offer use of some props. If a prop is damaged during the session due to client-error the Client is then liable for said prop and will be billed for the retailed value of the prop. The Photographer does have a list of vendors that they prefer to use if the Client would like to directly purchase an item to use and then keep as a keepsake.
13. Appearance:. In the event that the Client would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the Client will be charged for an additional session at the Photographer’s hourly rate to reschedule or shoot additional photos.
***Typical turn- around is 2-3 weeks, or 6-8 weeks for Weddings and Events***
14. Location Access and Fees. If the Client wants to do a session at a location that charges for access, the Client will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so.
15. Travel and Travel Fees. If the Photographer must travel for any reason at all during or to arrive at the session or event , the Client is then responisble to pay a travel fee of up to .50 cents per mile. These fees will be outlined in the first page. If the session or event lasts more than 6 hours the Client is responsible to provide a meal for the Photographer or there will be up to a $20 charge for meals. In the event that Lodging is necessary in order to complete the agreed upon photo session the Client agrees to pay no less than$100.00 to the Photographer at the time of the session.
16. Completion of Services. The services rendered will be completely once the Photographer has shot the session, edited the images and presented the images. Any further purchases other than what is outlined will take place outside of these range of services.
17. Taxes. The session and or packages may have taxes applied.
18. Damages. The client agrees to indemnify the Photographer for any damages to any equipment committed by the Client that insurance may not cover, this is within reason.
19. The Client understands and agrees that the Photographer is required to retain copies of a reasonable number of photos or agreed upon amount of photos from the shoot for 60 days after the shoot. After this period has expired, the Photographer has no duty t retain copies or originals of files or photos from the event. It is the responsibility of Client to purchase, store, and backup photos after they are received.
20. The Client understands and agrees that the Photographer harmless light stands and other gear at the location. The Client will hold Photographer harmless for any damage, personal injury, or loss caused by tripping or otherwise injured from this equipment. The Client further agrees to hold the Photographer harmless for any personal injury which may occur as the Client poses or works with the Photographer.
21. The Client agrees and understands that the quality of a photograph is entirely subjective. The Photographer will strive to present photos is a workmanlike manner but is not required to cater to specific aesthetic preferences of the Client.
22. Online Digital Galleries. Every session includes an online gallery to which you can share images from and download your images directly. This is the only way you are to receive your digital images unless you purchase a product to contain them and store them (IE a custom flashdrive). Online galleries stay up for 2 weeks (14 days). If you would like to have them up longer, the Photographer will do their best to accomodate but cannot guarantee that it will be up longer. The fee for the Client to extend their viewing gallery is $25 per month.
23. Abuse. Client acknowledges that at any time the Photographer and/or any Agent of Lillianna Matthew Photography will immediately end the session and leave the premises if they feel threatened or harassed verbally or physically. Lillianna Matthew Photography has a zero tolerance policy for illegal substance abuse, verbal abuse or harassment, physical intimidation, threat of violence, or physical use of force in any way. If for any reason a session is ended due to abuse or harassment the client forfeits all funds paid to date and owes the balance of any funds still due. No refunds or reschedule of events will take place for sessions canceled due to abusive behavior.
24. Entire Agreement. This Agreement constitutes a single integrated Contract expressing the entire Agreement of the Client and the Photographer with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect tot the subject matter hereof and except as a 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.
25. Amendment and Waiver. This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duty executed by each party hereto or the authorized representative of such party.
26. Venue and Jurisdiction. This Contract is governed by the laws of the state of KS and federal courts in that district. The Client and the Photographer agree to subject themselves to the laws of the state. The Client and Photographer hereby waive the right to object to venue within this state.
I have read, understand and agree to the terms and conditions of each paragraph in this Agreement. Each person signing as Client below shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone. Photographer has the right to refuse any requested edits to the images.
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Retouching Rates - per Pose
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Complex retouching
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$20
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Rush complex retouching
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$35
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Tonal conversions
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$3
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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 Client. 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 one portrait session with Lillianna Matthew Photography by Alexis Bendickson.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.