This agreement is between Rayelle Photography/ Rayelle Albright (here after “Photographer” “the Photographer” or “Photography Company”) and ____________________ (here after referred to as “CLIENT”).
1. This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the following time and place.
PHOTOGRAPHER and CLIENT are to arrive for the SHOOT on time and prepared.
PHOTOGRAPHER will perform basic post processing or digital image editing services on these photos where artistically necessary.
2. In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of amount discussed upon booking. CLIENT agrees to pay the photographer a non-refundable initial payment upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will NOT be returned to CLIENT. If CLIENT is expected to pay session in full the time of booking for mini sessions or any other session CLIENT understands that payment is NOT refundable and non-transferrable as mini sessions are limited. Santa mini sessions are non refundable and non- transferable as they are limited and Santa is only hired for that time limit so no other session make up time is available! CLIENT agrees to pay the amount in full to book and understands that money will NOT be reimbursed as that spot was limited and already paid for santas time for that spot!
The balance of the payment for photography services must be paid in full the day of the shoot. If CLIENT is required to purchase photos separately after the SHOOT, payment for those photos is due immediately upon ordering.
All retainer fees are non-refundable for any reason, including but not limited to no shows, traffic, illness, weather, emergencies. If the Client wishes to book a new session, a new retainer fee will be required. The Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. In this event, the retainer fee will be applied to a new session.If the Client is running late, there will be no make up time permitted. The Photographer has a set schedule and cannot shift other clients around due to tardiness. The session end time will remain the same, regardless of Client arrival time. The Photographer will not be responsible for inability to provide images due to the Client's tardiness. This is especially pertinent for sunset sessions and mini sessions. All Clients are urged to arrive 15 minutes early. Please have diapers changed, restroom used, and faces and noses wiped clean before your session begins. If the client arrives after the session is scheduled to be over, the retainer is forfeited and no session will take place.
3. PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than thirty BUSINESS days (30 days) after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs.
All photos delivered to CLIENT are licensed for CLIENT’S personal use only.
CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.
4 . PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
5 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
6 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
7 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 2 WEEKS after the photos have been delivered to CLIENT. Please make sure to back up all photos on several different sources to prevent any lose!
8 . CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER. Rayelle Albright, her company Rayelle Photography, the venue, and any associated parties will not be held liable for any injuries which might be incurred before, during the session, after or while on her property or on location. Neither will the signed parties be held liable for any damages or injuries to the Client, their children, family members, or any property during the session or while on her property.
9 . PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT. If PHOTOGRAPHER is in any danger or equipment is at risk of damage PHOTOGRAPHER has all rights to leave shoot!
10. CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
11. It is extremely important to feel comfortable in what you wear to the session. Please refrain from partaking in any alcohol, drugs, or medications which may effect your appearance or mind state. No refund or reshoot will be granted due to Clients being unhappy with how they photograph. For children, Clients may wish to bring a favorite item from home to make them feel comfortable. Please make sure children are fed, changed, faces and noses are wiped clean, and have had adequate sleep before the session. This will ensure the Photographer can get the best smiles! Photographer is not responsible for a client that will not smile! Re-shoots and refunds will NOT be given for poor choices of clothing, make-up, hair, behavior of children, or weather related issues, or by not following the recommendations of the photographer.
12. CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
13. Model Release CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. (ONLY if checked yes below)
14.Assignability and Parties of Interest: CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
15. CLIENT agrees full responsibility to pay for any damaged or ruined property/ equipment of the PHOTOGRAPHERS due to client and affiliates damaging them.
16. If posting online please give credit back to Rayelle Photography! Referals are so much appreciated!!!
By filling out and submitting this form this is your legal signature to agree to all terms above. You must fill out ALL names and ages of everyone present at the session!