Photography Agreement and Terms
This Agreement is entered into by and between Daniel IX Photography ("Photographer") and the undersigned client ("Client"). By signing, the Client agrees to the following terms and conditions:
1. Exclusivity
The Photographer is the exclusive professional retained to perform the photographic services outlined in this Agreement.
2. Payment Terms
- A retainer fee of 50% of the total fee is required at the time of signing this Agreement.
- The remaining balance is due on the day of the session.
- The session fee includes:
- A 30-minute session.
- Editing of 2 final images.
- Delivery of high-resolution edited images with a print release.
- Payments can be made by cash or online bank transfer (Venmo, Zelle, Apple Pay, etc.)
3. Usage Rights and Copyright
- The Photographer reserves the right to use images created under this Agreement for advertising, display (including website, blog, and social media), publication, or other promotional purposes.
- The Client confirms they have the authority to permit use of the likeness of all individuals included in the photos and agrees to indemnify and defend the Photographer against any claims related to such use.
- RAW files remain the exclusive property of the Photographer and will not be provided to the Client.
4. Delivery of Products
- No part of any order, including previews, will be delivered until the balance is paid in full.
- Delivery Method:
- The edited images will be delivered via Dropbox for download and access.
- A viewable online gallery will also be provided for sharing and showcasing images.
- Download Period: The Client will have 30 days from the date of delivery to download images from Dropbox. After 30 days, access to the Dropbox folder will be removed, and additional fees may apply for re-uploading files. The online gallery will remain accessible for [specify duration, e.g., 3 months].
5. Limitation of Liability
- If the Photographer is unable to perform due to circumstances beyond their control (e.g., fire, casualty, illness, or emergency), the retainer fee will be refunded. The Photographer shall not have further liability in such cases.
- This limitation of liability also applies to issues such as damage to photographic materials, equipment failure, or loss of images without fault of the Photographer.
- In no case shall the Photographer’s liability exceed the total value of the Client’s order.
6. Client Responsibility
- The Client is responsible for all parking or location fees required for both the Photographer and the Client.
7. Creative License
- Final images are selected and edited at the Photographer’s discretion. Not all images captured during the session will be included in the final delivery.
- The Photographer reserves the right to release only those images that meet professional and artistic standards.
8. Cooperation and No-Shows
- The Photographer is not responsible for missed images due to uncooperative individuals, no-shows, or details not disclosed in advance.
- The Photographer’s camera is the only camera allowed at the session to ensure a distraction-free environment, especially for children.
- Lack of Communication: If the Client fails to confirm or communicate with the Photographer on the day of the photoshoot, the Photographer reserves the right to cancel the session. In such cases, the deposit will not be refunded, and a new booking may require a new deposit.
9. Pricing
All charges are based on the Photographer’s current price list. Future orders will be billed at the rates in effect at the time of ordering.
10. Copyright Notice
It is illegal to copy, scan, or reproduce the photographs without the Photographer’s permission. Violations of copyright law may result in civil and criminal penalties.
11. Cancellation and Rescheduling
- Retainer fees are non-refundable if the Client cancels.
- Rescheduling is permitted with at least 2 days’ notice, subject to the Photographer’s availability.
- Rescheduling with less than 2 days’ notice incurs a $50 fee.
12. Inclement Weather
- In case of adverse weather, the Photographer may suggest an alternate location or reschedule the session.
- Rescheduling due to weather is free of charge, and the new date must be agreed upon by both parties.
13. Entire Agreement
This Agreement contains the full understanding between the parties. Any modifications must be in writing and signed by both parties.
Acknowledgment and Permission
The Client acknowledges they have reviewed and agree to the Photographer’s price list and policies.
Permission is granted to Daniel IX Photography to use images created under this Agreement for professional purposes, including but not limited to samples, advertisements, exhibitions, contests, and promotional materials.
Daniel IX Photography retains full copyright over all images produced.