AGREEMENT TERMS & CONDITIONS
PAYMENT ARRANGEMENT: The Client will pay the Photographer the total fee specified in the invoice they receive from Photographer. The total fee will include the amount specified in Section 2 as well as mileage and lodging as specified below.
For photography sessions beyond 20 miles of the city limits of Findlay, OH, the Client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of $0.54 per mile and will be clearly presented on the Photographer’s Invoice to the Client.
The total fee presented on the Photographer’s Invoice to the Client is payable at the time of the specified session unless otherwise outlined below:
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 to cover lodging.
A deposit of 25% of the portrait fee and a signed copy of this agreement are required to reserve a portrait session date. The remaining balance of the fee is due on the day of Client’s portrait session, and is payable before shooting begins.
SESSION PROOFS: Client will receive access to a password protected online photo gallery within 2 weeks of the session date. The Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and may omit any image(s) that do not meet her standards.
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, the Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/EXCLUSIVITY/NO SHOWS: The Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to the Photographer. The Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders the Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the 25% deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results, the Photographer will reshoot the session at no additional charge one time. 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.
PROOFS: Hannah Butler as the Photographer and artist with whom Clients are entrustring photography to, retains the right to omit any image(s) from the proofs that she deems to be below the standard of the business or is otherwise irrelevant, therefore, Client understand that not all images shot will be chosen for the client proofing gallery.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of the Photographer (Hannah Butler). In exchange for services provided, the Photographer retains the exclusive right to copy, edit and distribute any/all imagescreated 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 couldinclude 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.
All photos created by the Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by the Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without the Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of the Photographer only once in possession of the digital images. The negatives/digital files remain sole property of the Photographer and will never be given or sold. RAW images will never be released.
The 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
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER