PAYMENT ARRANGEMENT: The Client will pay the Photographer the total fee specified in the invoice they receive from Photographer

 

A deposit of 50% of the portrait fee and a signed copy of this agreement are required to reserve a portrait session date. The remaining balance of the portrait fee is due one week before Client’s portrait session and is payable before shooting begins. If the event is within 30 days then the total payment is due. All portrait fees are subject to Georgia  7% sales tax. 

  

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 portrait session/agreement by Client, the deposits paid are non-refundable. Deposits are transferable if a date change is necessary. 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.

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 images:

i) Display the images;

ii) Print the images;

iii) Upload, email, or electronically transfer the images or files; and,

iv)  Publish the images on personal websites or social media websites

 
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 are 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.

 
Liability

The photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. 

 
EXHIBITION: Client grants Photographer and Photographer grants clients permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.

 

IMAGE STORAGE:  Edited images will remain on file for six months from the date of the portrait session.  

 

RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone.   

Retouching Rates  - per photo

Complex retouching $10
Rush complex retouching $35
Tonal conversions Free

 

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 portrait session with XL Shoots by XL Tribe.