This Agreement is made effective for all purposes in all respects as of {date} between Kate Doherty Images, hereinafter referred to as "the COMPANY" and {name}, hereinafter referred to as "The CLIENT" relating to the event(s) detailed below, hereinafter referred to as "The EVENT(S).
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY 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 parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to the COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY's materials charges incurred up to time of cancellation.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, or restrictions of the locations. The COMPANY is not responsible for the appearance of the location or lighting conditions which may negatively impact or restrict the photo coverage.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question. If in the opinion of the COMPANY, inclement weather or other adverse conditions may prevent the creation of a portrait session, the COMPANY may elect to use an alternate location or reschedule the session. The COMPANY is not responsible for any injuries inflicted upon any participating parties. The CLIENT will be responsible for themselves and any children and will release the photographer from any claims against their person or their business.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals of the photo session. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. Any additional time beyond the scheduled end time will be billed to the CLIENT.
LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY.
COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY's explicitly written permission. If the CLIENT has purchased any digital images from the COMPANY, the COMPANY grants the CLIENT permission to print or share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The purchase of a digital images does not allow the publication of any of the images (i.e. entering into contests) selling or altering of your images with the COMPANY’s permission. It is illegal to copy, scan, download, print, share or otherwise steal any image created by the COMPANY during a client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
LIMIT OF LIABILITY: In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY's control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). 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. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
VIEWING & PRINTING IMAGES: Please note that all images produced by the COMPANY have been done so with the use of color calibrated monitors. Monitors used by the COMPANY have been calibrated to meet printing standards, thus color changes may occur when images are viewed on non-calibrated monitors. Also note that images viewed in non-professional editing programs will appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in color, sharpness and other variables that may be affected by non-calibrated monitor and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums and done so by a professional lab. It is highly recommended that the CLIENT order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. The COMPANY is not liable for the quality of images printed by any imaging lab, both professional and non.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
Fees:
In consideration for the photography services provided by COMPANY, CLIENT agrees to pay the sum of
___$200/ hour_________.
The balance for photography services must be paid in full no later than 7 days after the SHOOT. The CLIENT may submit payment via check or Venmo to the COMPANY.
I have read and understood the terms above. I hereby agree to the terms of this agreement.