This agreement is between Kathleen Wright Imagery, LLC, hereinafter referred to as the "Photographer", operating in the State of Georgia, 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 below.

 

Agreement Overview

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.

Coverage

Coverage will begin at the designated time and continue for the time purchased, contiguously.

Change of Date or Venue

The Photographer will notify you immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Client in writing or via email. It is the client’s responsibility to confirm all arrangements at least 5-7 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer.

 

Payment

A session fee of $90 is required for all portrait mini sessions.

In the event of cancellation 48 hours in advance, the session fee may be refundable. It may also be applied toward a future mini session event. No date is reserved until the session fee is received. If final payment is not received, the Photographer will not be expected to reserve said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.

 

 

Failure to Perform

The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists 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 its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people 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.

Clients are responsible for all location fees and permits.

Copyright

Title (possession) of and copyright to all products shall remain with the Photographer. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to modify/edit, copy, scan, reproduce, or post images 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.

Permission is hereby granted 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 Hi-Resolution images on CD/DVD, Clients will be given a written release to make personal copies of images from CDs or DVDs. The client understands the images given on CD/DVD cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.

Exclusive 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. Guests will be asked to refrain from taking flash photographs at certain intervals of the event to ensure proper exposure of images.

Expenses

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 and will be set out in the initial payment total. Clients are responsible for all location fees and permits.

 

Garments

The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments. Photographer is not responsible for wardrobe malfunctions or errors in client judgement when selecting wardrobe. Extensive editing to correct for garment length or body coverage will be $20 per image edited.

Creative License

Images are edited at the Photographer’s discretion, and delivered images may not include all frames shot. 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.

Force Majeure

If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, 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 damaged, lost through camera malfunction, memory card malfunction, or otherwise lost or damaged without the fault on the part 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.

 

Model Release

Contracting party and all involved participants adult and minor (the “Models”), for good and valuable consideration, the receipt of which is acknowledged, hereby grants to Kathleen Wright Imagery, LLC (“Company”), its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures of the Models (the "Pictures"), and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which Model may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, in any media for advertising or any other lawful purpose.

Models hereby relinquishes any right that he/she may have to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that Company has taken of the Models, or the use to which it may be applied. Models waive any ownership and publication right he/she might be entitled of in connection with the Pictures, with the exception of the personal use of the Pictures as part of personal modeling portfolio. Models agree he/she has no right to sell, license or publish any of the Pictures to any person or entity.

Models further releases Company its parent company, subsidiaries, affiliates, officers, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the Models to conspicuous ridicule, scandal, reproach, scorn and indignity. Models also waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Model, or any of the property belonging to Models, whether caused by the negligence of the Releasees, or otherwise, while performing the photography session, or while in, on or upon the premises where the photography session was performed.

It is the express intent of Models that this document shall bind all members of Models' family, heirs, assignees and personal representatives.

Models represents that he/she is 18 year or older and/or is responsible for all minors, that the photography session was conducted in a completely proper and highly professional manner, and this release was willingly signed.

Agreement Closure

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.