Terms of Mutual Agreement for Portrait Photography
ENTIRETY OF AGREEMENT AND SEVERABILITY: This contract supersedes all prior agreements, whether oral or written, between the parties. If any provision of this agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable. The section and paragraph headings used in this agreement are inserted for convenience only and shall not affect the meaning or interpretation of this agreement. If the parties wish to waive or alter one provision of this agreement on this contract, and do so in writing, the other provisions shall remain unaffected.
PACKAGE AND PAYMENTS: Upon acceptance of the following terms and conditions set forth in this agreement, the Client shall remit payment to the Photographer. The Client’s portrait package includes online gallery with digital downloads. The selected package price is $195 and this includes the Photographer’s time to prepare for, photograph, edit, and disseminate images from the Client’s session. The selected package price in this agreement is good for a period of 30 days from the date of receiving this contract. Client is fully responsible for any returned payment or applicable bank fees. [To secure the session date and time, the full package fee must be received along with this signed contract. /or/ The Photographer is retained for the Client’s portrait session only when both the contract is signed and a nonrefundable retainer of $50 is received and processed. The remaining balance is due at the portrait session. Failure to provide payment within the stated time frames shall render this agreement null and void, and the Photographer shall not be obligated to provide services, products, or to return any monies to the Client. There is no penalty for early payment.]
THIRD PARTY PAYOR: Any Third Party Payor shall not have any bearing, influence, or say to the provisions of photography for the portrait session or any other aspect of the provisions of photography outside of the portrait session as it pertains to the services provided by the Photographer to the Client. Any returned payment fees shall be the responsibility of the Client.
SERVICE TIMELINE AND ORDERING POLICY: After the Portrait Contract has been signed by both the Photographer and Client, the Client shall be provided with a signed copy. The parties shall mutually select a date and location for the portrait session. Edited images will be available no later than 30 days after the portrait session.
QUALITY OF SERVICE: To obtain quality consistent with the Photographer’s brand, adequate time as recommended by the Photographer shall be allotted for artistic freedom and composition. The Photographer is not liable for acts of nature or natural phenomenon that might affect the quality or quantity of pictures. The Photographer is limited by the restrictions imposed by all policies at the portrait session location. All fees required to shoot at a portrait session location are the responsibility of the Client.
NON-GUARANTEE OF IMAGE DELIVERY: All decisions pertaining to culling, editing, and final image delivery shall be done at the sole discretion of the Photographer. The Photographer shall not guarantee delivery of any specific image, moment, or composition. It is possible that certain images may not adhere to the quality standards of the Photographer’s brand. If, for any reason, the Photographer deems an image unacceptable, there exists no obligation to deliver said image to the Client. The Photographer shall make a good faith effort to adhere to the Client’s requests as laid out in the Pre-Session Questionnaire. The Photographer is not liable for hindrances from photography caused by other persons, lighting, structures, or similar. The Photographer is not responsible for inclusion of persons who are not present or are uncooperative.
DIGITAL IMAGE DELIVERY AND ARCHIVAL: Full Resolution digital files, either purchased separately or included as part of the portrait package, shall be delivered to the Client with Reproduction Rights. The Photographer agrees to archive all edited digital images for a period of three year(s). The Client may contact the Photographer in writing within that year to purchase additional digital copies of these images for a fee of $75. After that period, the Photographer reserves the right to remove said images from storage, in part or in whole. The Photographer is not responsible for lost or failed media already delivered to the Client.
TANGIBLE PRODUCT AND DELIVERY: Once the Client has received the Full Resolution digital files and communicated to the Photographer in writing the image selection for professional products, either purchased separately or as part of the portrait package, these shall be processed and delivered within four weeks from that time. Album products include proofing(s) and revision(s). Additional revisions shall be charged a fee of $25 per hour. Once proofs have been accepted, the Photographer is no longer liable for the layout of the product(s). Further revisions and reprints shall be charged at full client cost.
UNLIMITED COPYRIGHT LICENSE AGREEMENT: The Photographer retains all copyrights and moral rights, including those not expressly granted in this agreement, to every photograph taken by the Photographer, indefinitely. The Photographer reserves the right to use any photograph for display, publication, promotion and advertising, or other purposes. The Client agrees to waive any right to examine or approve said photograph(s). The Client agrees to waive all privacy of the Minnesota Statutes or as otherwise provided by law.
PHOTOGRAPHER COPYRIGHT COMPLIANCE: The Photographer has no obligation to reproduce, mimic, or otherwise copy any existing photograph(s), digital image(s), composition(s), pose(s), editing style(s), or other copyrighted material(s) as governed by US Copyright Law, Title 17.
MODEL RELEASE: The Client agrees to grant the Photographer, Photographer’s studios, employees, legal representatives, licensees, and assignees, the irrevocable and unrestricted right to use and publish, with or without Client name(s), photographs herein described, in any and all forms and mediums and in all manners including composite images or digitally manipulated representations, of the portrait session for the purpose of publicity, illustration, commercial art, advertising, publishing, for any product or services, or other lawful uses as may be determined by the Photographer. ________________
HARASSMENT: The Client hereby agrees to engage with the Photographer in an appropriate and civil manner. At no time and under no circumstance shall the Photographer tolerate abusive, violent, destructive, menacing, or harassing behavior from the Client and/or any agent or party acting on behalf of the Client. The Photographer reserves the right to terminate services immediately, without notifying the Client and without refund of monies paid.
RIGHT OF WITHDRAWAL: Prior to the portrait session, the Photographer reserves the right to withdraw from this contract should new information pertaining to the Client’s portrait session, changes to agreed circumstances, or other factors that circumvent this contract’s policies be discovered, including but not limited to: non-cooperation; changes in locations, facilities, or portrait session dates and times; and late payments. Should the Photographer initiate the withdrawal, any monies paid shall be returned excluding all the following: 1) the retainer paid to secure the Client’s portrait session date, 2) the fees for photography services already performed and billed, and 3) the actual Client cost for any products already delivered and not paid for separately.
PORTRAIT SESSION CANCELLATION: Should the Client initiate cancellation of the portrait package, the package price is refundable minus the session fee of $50 retainer. Any additional monies paid shall be returned excluding all the following: 1) the fees for photography services already performed and billed, and 2) the actual Client cost for any products already delivered and not paid for separately. Cancellation must be communicated in writing.
PHOTOGRAPHER CHOICE: The Photographer reserves the right to change the photographer(s) for the Client’s portrait session, from within the Photographer’s own company or network of photographers, should reasons beyond the Photographer’s control, including illness, injury, family tragedy, unavailability, or similar, manifest.
LIMITS OF LIABILITY: Should a situation occur where the Photographer is unable to photograph the Client’s portrait session, and a photographer with similar skill is not available, liability to the Photographer is limited up to the return of the selected package price. In the event of catastrophic equipment failure or loss beyond the control of the Photographer or photographers resulting in a loss of digital images, liability to the Photographer is limited up to the return of the selected package price. The Photographer is not responsible or liable for delay caused by other participants, theft, fire, traffic, terrorism, and/or acts of nature. The Photographer is not responsible or liable for accidents arising from or relating to the providing of photographic services.
PHOTOGRAPHER INDEMNIFICATION: The Client hereby agrees to indemnify the Photographer any and all of in the following circumstances: 1) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer’s equipment being damaged or otherwise rendered inoperable; 2) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer being harmed or injured; 3) any unintentional harm or injury caused by the Photographer or Photographer’s equipment; and 4) any Client requests that may violate law or ordinance unknown to the Photographer.
DISPUTE RESOLUTION: If there is a dispute regarding any provision in this agreement, the parties agree that all disputes shall be resolved through binding arbitration. A panel of three arbiters shall be selected, one by each party and the third by agreement of the party-appointed arbiters. Arbitration will take place in Itasca County Minnesota and shall be governed by Chapter {TBT} of the Minnesota statutes and other applicable Minnesota law. The decision of the arbiters shall be binding and conclusive as to all disputes and as to all parties to this agreement.
CHOICE OF LAW: It is agreed that the laws of the State of Minnesota shall govern this agreement.
Please remember that all photography is subjective. It should be understood that upon hiring Samantha Martin Photography, the client is accepting Samantha Martin Photography’s unique artistic vision for photographic coverage of their event. Samantha Martin Photography cannot be held liable for a dislike of their artistic vision.