client portrait agreement
This contract is between the Photographer and the Client as detailed below:
Grace Studio, LLC (referred to hereafter as "Photographer") | St. Petersburg, FL 33712
(727) 537-0430 | gracestudio.co | email@example.com
Please read & sign the Agreement below
AGREEMENT TERMS & CONDITIONS
SESSION FEES: Client agrees to pay the photographer a 50% retainer fee at the time of booking to secure their appointed date and time. This is a non-refundable retainer fee which will be applied toward your session. The remaining balance is due no later than the day of your session by check, cash, or credit. The portrait session commission includes your session at the agreed upon time and location, the artistic vision and styling, and the careful hand processing of images. Prints, wall art, albums, digital files, and all other products are NOT included in the portrait commission. Unless otherwise stated within our communication prior to booking.
SESSION PROOFS & ORDERING INFORMATION:
Approximately 3 weeks following your session, you will receive access to a private online photo viewing gallery. Here you can order prints and products from our trusted professional photography lab and delivered right to your door. Depending on package options, images may be available for high resolution download with print release. All unordered images are purged from our system 45 days after your images have been displayed. The photographer retains the right to show only the images that she deems artistically suitable to our artistic standards. Not all images shot will be available for order. Please be advised that image color, brightness, and darkness can vary greatly from one monitor to another.
Receipt of your portrait commission will lock in pricing at the time the portrait commission is paid. Any future orders are subject to current pricing. Pricing is subject to change at any time. Due to the custom nature of these products, all orders are considered final and are non-refundable.
Please allow 2-3 weeks for your printed orders to be delivered. Certain custom items such as the Heirloom Session Album can take up to 8 weeks for delivery.
LOCATION COSTS & FEES: In the event that a requested location has any costs/fees associated, you, the client, will be responsible for those fees. Creative fee covers travel within a 25 mile radius of St. Petersburg, FL. Any location outside of these limits will be subject to additional charges based on distance of travel.
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, retainer fees are non-refundable. Deposits are transferable if a date change is necessary. Seventy-Two hours (72) 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, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
COOPERATION/NO SHOWS: 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 Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the 50% retainer 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, Photographer will reshoot the session at no additional charge one time. Re-shoots are determined at the discretion of the photographer. Re-shoots will not be offered for poor choices in clothing, make-up, hair, weather related and behavioral issues or events that are beyond Photographer's control.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Grace Studio, LLC ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created 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 could include, but are not limited to: newspapers, magazines, books, television, and the internet. The Photographer retains these rights even if image files are turned over to the Client. All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
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
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Nina Grace of Grace Studio, LLC" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs. In regards to Boudoir Sessions, because of the intimate nature of the photographs, no images that contain nudity will be published. Any use of the Photographs by Photographer will be restricted to images that do not contain Client’s face. Photographer will not use any photos of the Client’s face without express permission from the Client.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Liability: Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for themselves and their children, if applicable, and release photographer from any claims against the person and their business.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.
IMAGE STORAGE: Ordered images will remain on file for six months from the date of the portrait session. Unordered images will be purged after 30 days from the date of the first viewing.
Payments: All payments are due in full unless payment arrangements have been made. Edits and orders will not be processed until payment in full is received. If client has arranged a payment plan, orders or edits will be completed after final payment is received.
*No cameras/camcorders/any type of recording device (this includes cell phones) are allowed during the session.
*Sessions start at agreed upon time. It is strongly encouraged for clients to arrive 15 minutes prior to the start of the session. In the event of a delay, please notify the photographer. Arriving late will cut into your contracted session time.
*Please do not bring children who are not being photographed to the session.
*Please avoid snacks that stain teeth and clothing.
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Grace Studio, LLC.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.