PORTRAIT PHOTOGRAPHY AGREEMENT
Photographer: Monica McNeill
Email Address: monicamcneillphotography@gmail.com
Address: 6522 Embers Dallas TX 75248
Phone: 214.356.1320
This agreement is between the Client, whose name and address is listed above, and Monica McNeill.
1. Retainer and Payment. The Client shall make a non-refundable retainer in the amount of 50% of the session fee for the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties.
Payment for the remaining session fee shall be submitted to Photographer no later than the date of the session. No products shall be delivered until the entire amount is paid in full.
Any payment plan agreements agreed to by Photographer and Client shall be included as an addendum to this agreement.
2. Cancellation. If Client requests to amend or cancel this agreement _____ or more calendar days before the agreed upon photographic event date, the retainer SHALL/ SHALL NOT be applied a mutually agreed upon reschedule date. If Client cancels, or fails to show, this agreement _____ or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
3. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least ____ days prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
4. Completion Schedule. Completion schedules and delivery of products shall be determined from date of final approval by Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.
· Prints shall take _____ weeks from time of print order to be processed and delivered to Client.
· Albums shall take _____ weeks from date of final design approval by Client to be received by the Photographer.
· INSERT OTHER PRODUCTS YOU PROVIDE AND THE SUGGESTED TURN AROUND TIME – EXAMPLE: CANVASES, GALLERY BLOCKS, METAL PRINTS, ETC.
Client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $_____ shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.
USE THESE PROVISIONS IF YOU HAVE IN-PERSON PRODUCT SESSIONS: The Photographer shall make gallery proofs available through an agreed upon in-person product consultation. These proofs shall be available for viewing by the Client within _______ days/weeks/months of the photographic event. All orders shall be placed during the in-person consultation.
If you allow orders after an in-person ordering consultation consider including the following provision for ordering incentive “The Client shall receive a ____% discount for orders placed during the in-person ordering consultation. Orders after the close of the in-person product consultations are subject to the Photographer’s standard price list at the time of this agreement.”
USE THESE PROVISIONS IF YOU DELIVER YOUR GALLERY ONLINE: The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within __________ days/weeks/months of the photographic event. If an online proofing gallery delivered, it shall remain open for _____ days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a ______ un-archival fee shall apply.
In the event that you do not know which type of delivery you will offer to the Client you may include both provision types above and include the phrase “In the event the Photographer delivers the gallery via electronic medium” or “In the event the Photographer delivers the gallery via an in-person ordering consultation”
6. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Client shall receive a gallery of NUMBER AMOUNT of photographs to select from and shall not receive any photographic materials not presented to the Client.
7. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
The Photographer DOES/DOES NOT provide the Client permission to resize photographs for Internet-based usage.
8. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
9. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “COPYRIGHT YEAR PHOTOGRAPHER BUSINESS NAME” in the caption of all photographs uploaded to social media websites and profiles.
Alternate or Additional Provision: When uploading to a Facebook Social Media profile, the Client shall “tag” the Photographer’s business page in the album of the uploaded files.
10. Photographs/Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.
11. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
12. Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
13. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
14. Travel and Overage Fees. The Client shall pay $_____ per _____ miles outside the zip code of _____.
15. Arbitration. Any controversy or claim arising out of or relating to this contract, or a breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $_____. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
16. Indemnification. The Photographer shall be held harmless for any and all injury to Client during the course of the photographic event and the immediately surrounding events.
17. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of ____________________.
18. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
19. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
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Photographer’s Signature: Client’s Signature:
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Date Date
NOTE: A MODEL RELEASE IS ALWAYS NEEDED TO RECEIVE PERMISSION OF CLIENT FROM YOUR USE OF THEIR PHOTOGRAPHS. HOWEVER, AS A BUSINESS DECISION YOU MAY OPT TO NOT INCLUDE A MODEL RELEASE IN THE INTEREST OF PRIVACY OR OTHER ISSUES THAT MAY ARISE.