AGREEMENT TERMS & CONDITIONS
PAYMENT: Client acknowledges by signing this contract that a 50% retainer has been paid to Photographer and acknowledges that the remaining balance is due at the time of the session.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the session/agreement by Client, the retainer paid is non-refundable. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the retainer is non-refundable.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. If the Client should be unsatisfied with the results of the second session, all monies paid will be refunded and the Client will not retain any of the images. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Milk & Hannah Photo ("Photographer"). 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, educational seminars, and monetary gain. The mediums for display couldinclude newspapers, magazines, books, television, and the internet, but are not limited to only thosemediums. 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 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 digital images:
i) Display the images; Print the images;
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 RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client 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. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
In regards to Client's clients, each and every individual present must sign a separate model release upon day of session.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. 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. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
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 Fresh 48 session with Milk & Hannah Photo.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.