Photography Contract | Kylee Swisher Photography
This agreement is between Kylee Swisher, hereinafter referred to as the "Photographer", operating in the State of Texas, and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed within this contract.
The collection and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous 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, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Change of Date or Venue
The Photographer must be notified immediately of any changes in schedule or location, at least 2 weeks prior to the scheduled date of the session. Notification of any changes must be made in writing. If an email or text is sent, a confirmation of receipt must be sent back by the Photographer. It is the Client’s responsibility to confirm all arrangements at least 7 days prior to the event. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times. In the event of a change of address or contact information as listed in this contract, the Client must notify the Photographer.
A retainer fee of $300 is required to secure the date of the session. This is a non-refundable retainer. No date is reserved until the retainer is received. The retainer will be applied in full to the total balance of the print collection the Client purchases at their premiere / ordering appointment. Print collections and additional custom orders (prints, enlargements, albums, etc.) must be paid in full at the time of order. No images will be delivered until the collection has been paid in full.
There shall be no refund of the retainer after the signing of this contract agreement. Once a balance is paid, it is non-refundable. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
The Client will be granted one free reschedule of either the photo session or reveal & ordering appointment for reasons deemed acceptable to the Photographer. Any further reschedules are subject to a rescheduling fee of $150 per reschedule.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible for the lack of coverage or missed shots due to weather conditions such as wind or temperature, lateness of individuals, or rules and restrictions of venue. It is acknowledged that any specific requests or example images submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do their best to fulfill all requests, but can make no guarantees all images will be delivered. 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.
Title (possession) of and copyright to all images and products shall remain with the Photographer. All photos are copyrighted. The digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.
When the Client posts the delivered images online, the Client must use the watermarked version of the images, giving credit to the Photographer for their work. Non-watermarked copies of the images are for printing purposes only.
The Client herby grants permission to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing high resolution copies of the images (un-watermarked images) and a print release, the client understands those images are not to be posted online or used for profit or advertising by anyone other than the Photographer.
The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties. The Client(s) and or other attendees will be asked to refrain from taking any photographs during the session.
Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined by the Photographer and will be set out in the payment total. Clients are responsible for all location fees, parking fees, and permits.
If the Client requests any specific props or accessories (e.g. flower crown, smoke grenades), they may be available at an additional charge if the Photographer chooses to offer them. If the Photographer does not offer them, it is the Client's responsbility to purchase the items and bring them to the session.
The Photographer cannot be held responsible for damage to Garments due to environmental events or accidents out of the Photographer’s control. The Client is responsible to arrange personal assistance for garments. The Photographer cannot be held responsible for injuries, accidents, allergic reactions, or any other harm or physical illness that occurs during or after the session. It is the Client’s responsibly to make the Photographer aware of any known allergies or physical conditions prior to the photo session. The Photographer cannot be held responsible for dissatisfaction of the delivered images due to the Client’s or Model’s choice of clothing, hair, makeup, facial expressions, or any factors that are out of the Photographer’s control. The Photographer also cannot be held responsible for work of the hair & makeup artist. The Client is responsible for bringing up any concerns or dissatisfaction with the hair & makeup services before the hair & make up artist leaves so the artist can correct said concerns.
Images are edited at the Photographer’s discretion, and delivered images WILL NOT include all images taken during the session. 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. Under no circumstances will the raw, unedited files be delivered to the Client. The Photographer reserves the right to charge a fee they see fit for any extensive editing (e.g. excessive acne, composites, wrinkles in clothing, removal of objects, etc.), extra persons, or black & white versions of images requested by the Client. The fee will be determined by the Photographer, and will be dependent on the amount of time & work it will take to complete the requests, and may be applied per image or per hour.
If the Photographer or its assigns cannot perform this Agreement for any reason, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are lost or damaged without the fault of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
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.
The Client is responsible for downloading all images from their online gallery and storing them in a safe place by the time their gallery expires. The Photographer is not responsible for keeping images/files for more than 3 months from the date the session takes place. If the Client’s online gallery expires and they have not downloaded and saved their files, they will be charged a fee of $150 to recover the files and make them available to the Client again. All images are fully archived, and will no longer be available for file recovery, after one year from the date the session took place. The Photographer is not responsible for lost, stolen, corrupted, or damaged files. The Photographer suggests saving all files to multiple sources (USB drives, hard drives, Cloud storage, etc.) due to the nature that most sources are guaranteed to fail within 2-10 years.
The session includes professional hair & makeup services, a 2-3 hours session, 1 location, unlimited outfit/accessory changes (as time permits), and 30-40 edited proofs (not delivered unless purchased in a collection). All products (including digital files) are sold separately.
The Client hereby acknowledges that they have read, understand, and agree to the pricing of all collections and products offered by the Photographer. The Client understands that the non-refundable retainer fee does not include any physical or digital product, and that all products (including digital files) are to be purchased at an additional cost to the retainer. The Client is responsible for asking for the prices prior to the photo session. The Photographer cannot be held liable for the lack of knowledge about product pricing. The Photographer will do their best to make sure the Client is aware of all product pricing prior to the photo session, but it is the Client’s responsibility to ask for this information, and to make sure they fully understand what is included in each collection before signing this contract.
The Client understands that a Collection must be purchased in order to receive any products. A La Carte items are to be purchased as add-on items, and are not available for purchase in place of a Collection.
The Client must purchase a collection at their premiere / ordering appointment, which must be held within 2-4 weeks after the photo session takes place. If the Client does not meet with the Photographer during that time frame, the Photographer reserves the right to archive the images or charge a fee they see fit to schedule the appointment at a later time. All collection sales must be made in person. All sales are final and non-refundable. Once the Photographer receives payment for any product, the order may not be exchanged, returned, or refunded. If the contracting parties agree to a payment plan, no payments will be refunded, and no orders may be changed after the original order is placed and the first payment is received. All sales are subject to 8.25% sales tax.
All financial decision-making parties must be present at the reveal and ordering appointment (also referred to as a "premiere" or "premiere party").
Products purchased by the Client must be picked up by the Client or Model. This is so the Photographer can do a quality check of the items to ensure no damage happens during shipment, and so the Photographer can check for any errors prior to deliverance to the Client. Upon pick-up, it is the Client’s responsibility to check all items for damage, errors, or malfunctions with the products. However, orders may only be replaced if the product is deemed as defective by the Photographer. If the Client has any issues with the delivered products, the Client must address the issues with the Photographer before leaving the Photographer’s studio with the products. If the Client does not mention any dissatisfaction with the products upon delivery, it is to be assumed that the Client is satisfied with the product. Once the Client or Model leaves with the products no refunds, exchanges, or replacements will be made.
This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the above terms and conditions, and acknowledge that they have received, read, and understand the Photographer’s current price list.