AGREEMENT TERMS & CONDITIONS
PAYMENT ARRANGEMENT: The Client will pay the Photographer the total retainer specified and any pre-session purchase of photographic products, plus excess mileage and/or lodging. 20% of the balance is due at the time of booking as a non refundable retainer to secure your date. The remaining balance is due prior to the photo session.
Prices are customized based on clients needs and will vary.
For photography sessions beyond 20 miles of the city limits of Midland, TX the Client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of$ 0.565 per mile and will be clearly presented on Photographer’s Invoice to the Client.
Lodging: In the event that Lodging is necessary in order to complete the agreed upon photo session the Client agrees to pay no less than$ 100.00 to the Photographer at the time of the session.
After download and product delivery, payments are non-refundable.
All retainers are subject to Texas 8.20% 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 retainers paid are non-refundable. Retainers 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. A 10% non refundable retainer is needed to book/re-book date, and will be applied to final balance.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during photo sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, and hinders Photographer’s ability to obtain quality shots. The session can be rescheduled at the original session retainer, including an additional 25% retainer.
RESHOOT S: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Client is then able to order prints from the second portrait session only. If the Client should be unsatisfied with the results of the second session, all monies paid will be refunded and the Client will not retain any of the images. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.
IMAGE PREMIER & ORDERING SESSION/ SESSION PROOFS: All sessions include a proofing gallery to select your favorite images, and purchase more digitals or prints. Once finals have been selected, a final gallery will be emailed and available for 2 weeks. You must download your images within the 2 weeks or an additional $50 archival fee will be invoiced to re-upload your gallery.
PRINTS: All prints can be purchased through the pixi-set viewing gallery that will be sent. You may order prints from your proofing gallery as well.
IMAGE STORAGE: Ordered images will remain on file for one year from the date of the portrait session. Unordered images will be purged after 30 days from the date of the first viewing. Online gallery will be available for 14 days after being sent. It is highly recommended that Client backs up any digital images on another media format other than the USB and/or DVD. Photographer cannot be held responsible for the failure of USB and/or DVD due to mishandling. It is Client’s responsibility to keep several copies of any CDs/DVDs in more than one location, and back the images up on another format such as a hard drive. Once the images are in the hands of the client, it is the client’s responsibility to save the images. Backing up your images is very important.
RETOUCHING: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Complex retouching is done at a rate of $30 per hour per image. Photographer has the right to refuse any requested edits to the images. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Finch Media Co ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client. The RAW/unedited images remain sole property of Photographer and will never be given or sold. Event photography is excluded for business and personal use by Leiken Finch Photography and privacy of all images are granted by the event holder and its participants.
The Copyright Act protects photographers by giving the creator of the photograph the exclusive rights to copy, edit and distribute the image by sale or transfer. These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital media without the photographer’s permission. Violators of this Federal Law will be subject to its civil and criminal penalties.
The images that are being provided to you are licensed to you for any reason personal, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Photographer may revoke this license at any time and for any reason. Photographer retains all copyrights to the images and derivative works thereof.
If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram etc.) OR if you share or use any digital files from either Facebook or my website, you may not alter the image in any way (no words or filters added) and you must give credit to Leiken Finch Photography.
Each digital file purchased is $35 and includes a print release
MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs. In regards to Boudoir Sessions, because of the intimate nature of the photographs, no images that contain nudity will be published. Any use of the Photographs by Photographer will be restricted to images that do not contain Client’s face. Photographer will not use any photos of the Client’s face without express permission.
Initial here if you wish to not have your images posted on any social media platforms. ________
LICENCING RIGHTS: Photographer retains full copyright to all photographs taken during the photography shoot, but grants unlimited, non-exclusive, non-transferrable rights to client to use or reproduce any photographs purchased as final photographs. A licensing fee is required as 8% of budget as agreed upon by photographer and client as long as images are being used.
SOCIAL MEDIA. Online posting must be credited. The images may not be cropped for online posting, unless agreed upon by Photographer. In the case of an online post that requires a unique size (such as a square shape) photographer may provide a version that satisfies the photographer’s reputation, or suggest an alternative that both parties are satisfied with. The web ready images are just that, web ready. They are not up to the same standard as a print, and for those reasons should NEVER BE PRINTED or SUBMITTED for any print or publication.
EXHIBITION: Client grants Photographer 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.
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 is 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.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related retainers will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total retainers outlined in this Contract.
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 Finch Media Co
This contract between Leiken Finch Photography and Client shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Leiken Finch Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that Client cancels the contract for any reason, all monies paid shall be retained by Leiken Finch Photography in order to offset its loss of business.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.