This Contract is between the Client, whose name is listed above, and Katie Jennings Photography LLC.
1. Retainer and Payment. The Client shall make a non-refundable session fee in the amount of $100 (fall session) or _____$250 (2 hour session / 2.5 for even photography). Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. The Client has also been made aware that for documentary sessions the minimum package is $400 for 20 digital photos. This makes the minimum spend with Katie Jennings Photos + Films $500 (with the exception of fall special -$100 dollars off digital purchase with referral or interior design session)
Payment for product orders shall be submitted to the Photographer within _7 days of gallery delivery, whether via online proofing service or in-person viewing.
All sales are final. Prices listed on the client guide DO NOT include sales tax, shipping and handling.
2. Cancellation. If the Client requests to amend or cancel this Contract ___2__ or more calendar days before the agreed upon photographic event date, the retainer SHALL be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels ___1__ or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
3. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least _2_ days prior to the scheduled event. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
4. The Client shall prepare for the session by speaking with the photographer during the pre consultation call or in person meeting.
5. Subjects. The Client shall maintain control of other subjects, including but not limited to, siblings.
6. If the Photographer is unable to perform the session due to weather or client disposition, condition, or circumstances listed within this Contract, the Client shall be allowed to reschedule at the Photographer’s discretion.
7. Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
- Prints shall take _4__ weeks from time of print order to be processed and delivered to the Client.
- The online gallery will be available _2__weeks from the time of the session.
- Videos/Films will be completed 4-5 weeks from the time of filminig.
- Albums shall take __5__ weeks from date of final design approval by the Client to be received by the Photographer.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
8. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of [120-300] [200-300for event photography) photographs to select from (per 2hr session) and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $_20_____ per file. Films will be approx. 2.5-3.5minutes in length. A high resolution file download will be provided as well as a sharable link.
9. Photographic Materials. All photographic/video materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.
The Photographer shall make gallery proofs available through an online gallery proofing website after the session. These proofs shall be available to the Client within ____2______ weeks of the photographic event. If an online proofing gallery delivered, it shall remain open for 30 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $__25____ un-archival fee shall apply.
10. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to, all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
The Photographer DOES provide the Client permission to resize photographs for Internet-based usage. High resolution compressed web files can also be made available upon request.
11. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release. THIS USUSAGE IS WAIVED FOR EVENT PHOTOGRAPHY.
12. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “Katie Jennings Photography” in the caption of all photographs uploaded to social media websites and profiles or have the Katie Jennings watermark shown on each social media file.
13. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
14. Substitute Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
15. Use of Independent Contractor. In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Photographer is not liable for any actions by the Independent Contractor. This includes, but is not limited to, allergies as a result of use of the products/services by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
16. Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Client Guide. The Client Guide price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
17. Travel and Overage Fees. The Client shall pay $__0__ per ___miles outside the Zip code of _____.
18. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $___100__. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
19. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events.
20. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of North Carolina.
21. The Client hereby grants Katie Jennings Photography, LLC right to use, exhibit, and publish pictures of the Client, pictures of the Client’s minor child/ren, or any other picture taken during the completion of this assignment for editorial, marketing or any other purpose, for any product or service, or other lawful use as may be determined by the photographer. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner. The Client hereby releases Katie Jennings Photography, LLC and its legal representatives and assigns from all claims and liability resulting from said photographs. The Client waives any and all rights to review or approve any uses of the images, any written copy or finished product.
22. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
23. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.