Welcome
Thank you so much for booking a portrait session with me! I'm excited and honored to be your photographer. This contract is simply to ensure everybody is in agreement regarding the services I will be providing. Please feel free to contact me with any questions. I can’t wait for your portrait session!
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Client Portrait Agreement/Contract
Base Service
Client agrees to pay photographer the entire retainer at the booking of the session. This covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer and is non-refundable. At the time of the session, photographer will exercise her sole discretion as to when enough images have been captured. Photographer makes no guarantee, either expressed or implied, in regard to the quality of the images, because they are subjective. It is also understood that the Clients are hiring the Photographer for its technical and artistic expertise and, therefore, the supplier reserves the right to edit the images as she sees fit. Requests made to changes to the final images, which must be determined in writing, will be subject to an editing surcharge of $45 per hour.
Session Details
- 45 to 120 minute session within 30 miles of 21104 - Pre-consultation on what to wear and props (if wanted) - Private viewing gallery with at least 30 edited images presented at a custom proof and reveal consultation
Location Costs and Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees.
Rescheduling
If an illness or situation prevents a photo session from taking place, client must let the photographer know 48 hours prior to the session. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
Re-shoots/Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
Archive
After six (6) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
Damage
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Clients understand the unpredictable and non-posed nature of photojournalism and assumes all risks of same, and further agrees to waive any and all rights to any claims, demands, civil actions and/or lawsuits, whether based in contract, tort or otherwise, and regardless of any allegations of negligence, breach, infliction of emotional distress or otherwise, including but not limited to any claims alleging missed or lost photographs and/or opportunities.
Copyright and Penalty
SjPhotography retains all copyrights to all images created during client’s session. A print release will be provided with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by SjPhotography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of each digital image client has stolen, at photographer’s current price per digital file. If any of the Photographer’s images are published (on the web or any social media), proper photo credit such as “© Photo by www.sjphotographymd.com” is required. Raw and/or unedited images will not be published or provided by the Photographer in any way, shape, or form. Clients shall not retouch and shall not have any other person or entity retouch the images.
Session Requests
No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The Session starts at the agreed upon time. It is encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute details before session begins.
Model Release
I hereby give to SjPhotography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others: a) To copyright the same in the photographer’s name or any other name that he/she may select; b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and; I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
Gallery
All galleries may be shared but no screenshots are allowed and any image used from gallery will be charged at the Photographer’s current digital image rate. Additional prints or images are available at the cost sheet provided by SjPhotography. All galleries expire 3 months after being delivered.
Reveal and Ordering Session
All products and prints will be ordered at the Reveal and Ordering Session. This session must be booked 30 days of being notified that your portraits are ready for revealing and ordering. Upon placing an order, products will be delivered within 6-8 weeks depending on the order. If the order is not picked up within 60 days of being notified, order will be forfeited. All images/products are produced for Clients’ private home use only. Client assumes all liability for any form of copyright infringement.
Delivery of Portraits and Products
No part of any order, including previews, will be delivered until the balance is paid in full.
Photographer Rights
It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Photographer.
By signing below you certify that You are at least 18 years of age. You have read this portrait agreement/contract and fully understand the contents thereof. You agree that you have the legal authority to grant these permissions and accept all responsibility for such. Digitally signing this agreement has the same effect as manually signing a paper original.
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