This contract is between the above-listed Client(s) and Michelle Martelli Photography (Photographer). The Photographer agrees to provide photography services as outlined above. This is a legally binding contract.
A. Payment: Unless otherwise discussed and agreed upon, the Client shall make a non-refundable retainer payment in the amount equal to 50% of the total fee (+hst) to the Photographer to perform the services specified above. The retainer fee is due within 24 hours of submitting this signed contract. Upon receiving payment and signed contract, the Photographer will reserve the time and date agreed upon by both parties for the agreed-upon session length. Reserving such services prevents the Photographer from booking other clients on the agreed-upon time and date and economic loss will result if the Photographer does not collect this fee. Michelle Martelli Photography reserves the right to offer your session date to another client after 24 hours if your retainer fee has not been paid in full. The Client acknowledges that no reservation can be made prior to the signature of this contract and subsequent payment of the initial service retainer fee.
Payment can be made via Interac e-transfer. The remaining balance is due no later than 48 hours prior to the scheduled shoot date as outlined above. In the event that payment is not made in full by this deadline, the Photographer reserves the right to terminate this contract, retain the initial payment, and no longer be held liable for providing further services to the Client.
B. Cancellation: If Client requests to amend, reschedule, or cancel the scheduled photoshoot, they must do so at least 48 hours prior to the scheduled shoot date - the retainer shall be applied to a mutually agreed upon rescheduled date. If the Client cancels or requests to reschedule this agreement with less than 48 hours notice, or fails to show, the retainer shall be forfeited unless the cancellation is due to illness and agreed upon by the Photographer.
C. Weather Limitations: Clients recognize the Photographer may be shooting outdoors. Therefore, the Photographer reserves the exclusive right to reschedule the photography session, due to certain weather conditions. The Photographer will notify the client via email at least 24 hours in advance of the photography session if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc.
D. Liability: If the Photographer should be unable to provide the goods and services outlined in this contract due to illness, emergency, fire, casualty, strike, an act of God, equipment failure, or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability with regards to this contract. This limitation of liability also applies to any loss or damage to photographic materials, due to technological malfunctions, including but not limited to camera and processing. The sole remedy for any actions or claims resulting from the Photographer's inability to deliver the goods and services listed in this contract shall be limited to a refund of monies paid by the Client to the Photographer.
E. Creative Licence: The Client understands that though the Photographer may take many images during the session, the Photographer alone reserves the artistic right to select the best images to edit and present to the Client. Such selection shall constitute all images that will be made available to the Client.
F. Copyright: The photographs produced by Michelle Martelli Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer’s written consent (see Limited Reproduction and Print Release for Personal Use in next section below).
As the author of all images made hereunder and as provided by law, Michelle Martelli Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction.
G. Limited Reproduction and Print Release for Personal Use: Michelle Martelli Photography grants the Client a non-exclusive, non-transferable, perpetual personal-use license to download and copy the accompanying copyrighted digital images in their gallery, according to the following terms:
1) Copyright and Ownership: Michelle Martelli Photography retains all rights, license, copyright, title, and ownership of the Media, now and in the future.
2) Warranties: There are no warranties associated with the copyrighted digital images in this gallery, express or implied. The images are provided "as is."
3) Personal Web Use: Michelle Martelli Photography permits the Client to post the copyrighted digital images for personal use on social media/online ONLY IF credit is given to Michelle Martelli Photography by crediting/tagging the Photographer accordingly (Images were taken by - Instagram: @michelle_martelli_photography / Facebook: @michellemartelliphotography / in the footer of personal website: www.michellemartelliphotography.com). The Client may not alter the image in any way (filters and re-edits are not permitted).
4) Personal Print Use: Michelle Martelli Photography permits the Client to print the copyrighted digital images in their gallery for personal use; however, the Client acknowledges that the quality of prints and products that they may order online or elsewhere cannot be guaranteed by the Photographer.
6) Commercial Use/Personal Use for Monetary Gain: Commercial use or personal use for monetary gain, on the web or in print is strictly prohibited unless written permission has been obtained from Michelle Martelli Photography and credit is given to Michelle Martelli Photography.
H. Indemnification: The Photographer shall be held harmless for any and all injury to the client(s) and client's attendants during the course of the photography session and the immediately surrounding events.
I. Negligence: If negligence on the client's part, the part of any above-named clients, or the part of any individuals that accompany the client to the photo session causes any equipment, props, or any of the photographer's property to malfunction or become damaged, that the client will be liable for the cost to repair or replace said item(s).
J. Miscellaneous: The Client further acknowledges that they will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights. The Client understands that they will not be held liable for the misuse/miscredit of the Photographer's work by others once the images have been placed online in digital format by the Client, as long as the Client has done their part in properly crediting the photographer. The Client also acknowledges that the Photographer cannot be held responsible for the misuse or miscredit of any images by others once the images have been placed online in digital format.
The Photographer agrees to provide all edited images to the Client within 3 weeks (21 days) following the photo session date unless another date has been discussed and agreed to by all parties.
This document contains the entire agreement and full understanding between Michelle Martelli Photography and the Client. Any modifications to the agreement shall be made in writing and signed by all parties.
The Client has read, understands, and agrees to abide by the terms of this photography contract as they are listed above. If this form utilizes electronic signatures, the Client and Photographer agree and acknowledge that electronic signatures are considered valid and binding.
The Client affirms they are 19 years of age or older and they have the right to contract in their own name. This Agreement shall be binding upon the Client and their heirs, executors, administrators, and assigns.