Photography Contract: Terms and conditions

 

This agreement is between Teal Towers, LLC. DBA Carolennys Studios (hereafter “Photographer” “the Photographer” or “Photography Company”) and the individual and or individuals over the age of 18 and legally competent adult holding event, including authorization for any minors under 18 (hereafter referred to as “CLIENT”). Client agrees that by electronically providing their name, event date, and either placing a non-refundable booking fee or purchasing a package this contract applies to the event related series (hereafter referred to as “SHOOT” or “the SHOOT”). The Clients are signing this contract and are purchasing a product or service from Photographer in which Client and or Clients will adhere to the terms and conditions outlined in this contract. Any amendments to this agreement shall be made and agreed upon in writing by all parties. The Client agrees that any additional services or products purchased and or added by the Client, invited guests or a family member shall adhere to the terms and conditions described within this contract. This contract may be executed in one or more counterparts including electronic versions, each of which shall be deemed original, but all of which taken together constitutes one and the same.

 

1. Scope of Work:

PHOTOGRAPHER and CLIENT are to arrive for the SHOOT at indicated in electronic agreed any alterations must be made and agreed upon by all parties in writing. PHOTOGRAPHER agrees to provide no fewer than agreed amount of photos listed on the SHOOT, photos for CLIENT to view after the shoot, and is not required to provide more than this number of images.

 

PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. CLIENT agrees that PHOTOGRAPHER is hired for creative interpretation and may deliver artistic images. Retouched photos are lightly retouched, and retouched photos shall include at the PHOTOGRAPHERs discretion any and all adjustments. Body manipulation or warping type editing is not a service PHOTOGRAPHER provides or warrants in retouched photos. CLIENT agrees and understands that PHOTOGRAPHER will not provide RAW or unedited images to client and all images will be delivered in JPEG format. Additionally CLIENT agrees that PHOTOGRAPHER is not required retain any RAW or unedited images.

 

CLIENT agrees and understands that the PHOTOGRAPHER must be provided in writing by CLIENT or appointed individual a timeline of the event, and coordinating service, guests and other planned events are not the role of the PHOTOGRAPHER.

 

All work produced under this contract is copyrighted by the PHOTOGRAPHER, and all rights are reserved to the PHOTOGRAPHER except those specifically granted herein. No “work for hire” contract is agreed or implied. Grant of any reproduction rights to any images produced and delivered to the CLIENT is conditioned upon receipt of payment in full, and subject to all terms and conditions of this Agreement. All rights not expressly granted to the CLIENT shall be reserved by PHOTOGRAPHER.

 

2. Fees & Payment:

In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of

Total invoice off purchased package plus applicable taxes, CLIENT agrees to pay the photographer a non-refundable initial payment determined. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels or reschedules the SHOOT for any reason, the initial payment and or booking fee will not be returned to CLIENT regardless of circumstance. PHOTOGRAPHER at its own discretion may agree to postpone the SHOOT, however CLIENT understands that PHOTOGRAPHER is under no obligation to do so and a reschedule fee may apply. CLIENT shall not represent on the internet negative feedback or negative review, verbal or in writing of the PHOTOGRPAHER in anyway should the event or session be canceled by CLIENT. PHOTOGRAPHER reserves the right to cancel this contract, product or service at any time particularly if the scope of work required changes or an unforeseen circumstance arises. Payments can be made via Cash, Credit Card, or Online. Checks are not accepted. Once any payment has been made the payment is non-refundable for any reason regardless of circumstance.

 

The balance of the payment for photography services must be paid in full no later than 7 days before the SHOOT detailed in Section 1: Scope of Work. If CLIENT is required to purchase photos separately after the SHOOT, payment for those photos is due immediately upon delivery of proofs to client.

 

CLIENT agrees that subsequent changes or actual event condition changes may result in additional charges such as, but not limited to, larger guest count, larger party, additional locations added. Parking fees, transportation or admission fees to CLIENTs location will be billed back to the CLIENT. If the time required to fulfill the assignment should extend beyond the hours included in the purchased package, the PHOTOGRAPHERs additional time will be billed at the hourly rate of $250 billed in thirty-minute increments and if second photographer present $100 per hour in thirty-minute increments. PHOTOGRAPHER shall seek approval of additional expenses whenever reasonable and appropriate during the event, all unexpected expenses shall be added on as an additional to the original package estimate and billed accordingly. No final versions of images will be released to CLIENT until all unpaid balances have been paid in full, including all unexpected charges.

 

3. Work Product

PHOTOGRAPHER if applicable will deliver digital proofs online of photos to CLIENT no more than sixty days (60 days) after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs. Images are edited at the PHOTOGRAPHERS discretion, and may not include all images shot.

All photos delivered to CLIENT are licensed for CLIENT’S personal use only. CLIENT agrees that no commercial reproductions may be made without the exclusive written permission from PHOTOGRAPHER.

All photos are in digital format transferred via internet, no physical prints are included.

All physical prints are purchased separately, via additions to a package or individually purchased and indicate specifically what is being purchase, the quantity material, size, and quality which will constitute the entirety of the photos to be delivered to the client and licensed for personal use only. 

CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER will deliver photos in a reasonable amount of time after the CLIENT has made a final order and images approved.

No license is granted whatsoever for proof images if included in a package. Proof images are not suitable for any kind of reproduction or distribution whatsoever including physical or digital copying. Proofs are for viewing purposes only and no screen shots or copying of any kind is permitted at any time. Should this occur, a fee will be assessed in which the CLIENT is liable to compensate PHOTOGRAPHER. Proofs of PHOTOGRAPHER’s selection of images taken at the event are provided in an online gallery that are not publicly visible unless authorized and which restricts copying, sharing, or downloading of these proof images. CLIENT must indicate which proof selections to retain within 30 days of being provided a an email link/login to proof site designated by PHOTOGRAPHER. PHOTOGRAPHER may send reminder of no proof selections by CLIENT at PHOTOGRAPHERS discretion. If CLIENT has not made any selections within 60 days or contacted in writing to PHOTOGRAPHER and have written agreement of any extension, PHOTOGRAPHER is not responsible for retention of photos and may be remove and or deleted. If PHOTOGRAPHER is still in possession of proof images after 60 days, a fee will be incurred to compensate PHOTOGRAPHER to reinstate proof images. CLIENT agrees and acknowledges that after 60 days the PHOTOGRAPHER is under no obligation to retain any images, and CLIENT will not be entitled to any refund, and work performance will be considered complete by PHOTOGRAPHER.

 

 

4. Indemnification:

PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific

moment or pose or person(s) during the SHOOT. PHOTOGRAPHER will make reasonable efforts to photograph aspects of the event requested by CLIENT. Damages or theft to the PHOTOGRAPHERs equipment while on assignment are to be replaced by equal monetary compensation by the client prior to the receipt of the final images or service products.

 

If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control,

client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT. CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss. CLIENT indemnifies and holds harmless PHOTOGRAPHER against any and all liabilities, claims and expenses including attorney fees arising from CLIENTs use of PHOTOGRAPHERs work.

 

CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos

from the shoot 60 (sixty) days after the photos have been delivered to CLIENT. CLIENT is advised to immediately make backup copies of the digital files and archive and securely store them. CLIENT agrees and understands that PHOTOGRAPHER does not guarantee the permanence of any product, and PHOTOGRAPHER shall not be liable for archiving any images after 60 days of delivery to CLIENT.

 

CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.

 

PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to

specific aesthetic preferences of CLIENT.

 

There are situations when a problem may arise, due to the sometimes unpredictable nature of assignment photography and the CLIENTs understand. PHOTOGRAPHER shall take reasonable steps to complete Assignment satisfactorily and in keeping with this Agreement. In no circumstance shall Photographer be liable for any dollar amount that is greater than the sum of that which has been received by Photographer.

 

CLIENT agrees to hold PHOTOGRAPHER harmless for outdoor events in which weather or conditions which will damage PHOTOGRAPHERS equipment. PHOTOGRAPHER will perform to the best of his/her ability but express no warranties of number of images. CLIENT agrees and understands that the PHOTOGRAPHER may refuse to have equipment becoming wet or damaged due to weather conditions or clients specified location that may damage any equipment.

 

PHOTOGRAPHERs failure to perform any term or condition of this agreement as a result of conditions beyond control such as, but not limited to, war, strikes, fires, floods, hurricanes, acts of God, governmental restrictions, power failures or damage or destruction of works by others, shall not be deemed a breach of this agreement and the CLIENT shall represent the PHOTOGRAPHER in a positive manner verbally, written and the internet. Revisions of any product digitally or physically are not included in this contract or agreement however may be included in writing on a package. The CLIENT understands and agrees should the CLIENT request a revision to any image for editing a fee may be administered by the Photographer to accommodate the additional work, time, and expenses included to accomplish the revision(s) in which the fee must be paid in full prior to delivery.

 

5. Duty of Client

CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT.

PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer. CLIENT understands and agrees that no product or services shall be delivered with an unpaid or remaining balance either included in this contract, or additional added services or products at a later date. Client agrees that additional products and services are applicable to this contract. All clients listed in contract are responsible for unpaid balances regardless of relationship status, situation, or unforeseen circumstances and the PHOTOGRAPHER reserves the right to bill and collect monies from any and all CLIENTs. The CLIENT shall always represent the Photographer in a positive manner both in person, online, offline, before and after the event. The CLIENT shall have a clean uncluttered area to work in, at, or around especially in getting ready locations. The PHOTOGRAPHER is not responsible for cleaning room preparation, hotel room, accommodation, or work area by another company, vendor or individual. The CLIENT or the CLIENT’s guests shall have attire prepared for capturing as well as any other desired items prior to the Photographers arrival. CLIENT shall allot time for the PHOTOGRAPHER to perform duties hired for as described in contract, and set realistic expectations based on purchased package. PHOTOGRAPHER is not responsible for poor lighting conditions provided by the CLIENT, venue, DJ, mother nature, nature and any other lighting factors. PHOTOGRAPHER reserves the right to refrain from using any equipment, camera or device that does not belong to PHOTOGRAPHER. CLIENT agrees that PHOTOGRAPHER is not responsible for missing individuals from specific poses or shots, or loss of time waiting for any guests or CLIENT preparations. CLIENT agrees to ensure that Section (7) of this agreement is upheld to ensure the PHOTOGRAPHER can produce highest quality images.

6. Postponement

Should the package event be postponed to a later date for any reason, CLIENT understands that PHOTOGRAPHER may not be available for new date and will forfeit 100% of monies paid. Should client postpone to a date for which the photographer is not available, the assignment shall be considered canceled by the CLIENT. PHOTOGRAPHER shall be notified of any postponements or likelihood as soon as possible and will make reasonable effort, but under no obligation, to make accommodations to make such accommodations for the new date and time. In the event the PHOTOGRAPHER is able to postpone, any additional expenses may be incurred such as new rates, seasonal rates, and postponement fee. PHOTOGRAPHER is under no obligation to perform services on new date and time requested by CLIENT.

 

7. Exclusive Photographer

CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.

 

8. Model Release

CLIENT grants irrevocable and unrestricted permission to PHOTOGRAPHER and its assigns, licensees, and sublicenses, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, editorial, internet posts, personal use, or any and all other uses any and all of images of CLIENT. CLIENT releases the PHOTOGRAPHER and its legal representatives and assigns from all claims and liability relating to said images. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. CLIENT understands that the images of those photographed, including minors, may be used in print or on the internet, and CLIENT grants PHOTOGRAPHER irrevocable and unrestricted permission. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties. The CLIENT shall always post images from the PHOTOGRAPHER in a positive manner on any social media, internet, or any post of images.

 

9. Breaks & Meals

The PHOTOGRAPHER and Team Members will be provided a break at an appropriate time during the event. Should the event be 5 hours or longer a hot meal shall be provided for each PHOTOGRAPHER and Team Member present at the event. Should the event be 12 hours or longer 2 hot meals per Team Member must be provided.

 

10. Assignability and Parties of Interest:

CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter. PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.

 

11. Disputes

CLIENT agrees that all claims and disputes arising under or relating to this agreement are to be settled by binding arbitration in the state of Florida, or another location mutually agreeable to the parties. In no circumstance shall Photographer be liable for any dollar amount that is greater than the sum of that which has been received by Photographer. An award of arbitration may be confirmed in a court of competent jurisdiction. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact shall be included. Each party will be liable for their own costs and attorney’s fees.

 

12. Limit of Liability

In the unlikely event that the Photographer is unable to cover the event, due to injury, illness or unforeseen circumstance. THE PHOTOGRAPHER will make reasonable effort to procure a replacement photographer. Should a suitable replacement not be found, responsibility and liability remains limited to the return of all payments received for the package purchased except for any services performed, products delivered, or time used for preparation of the event. THE PHOTOGRAPHER maintains the utmost care concerning the exposure, transportation, and processing the photographs and moving images; however, in the unlikely event that photographs or moving images in a whole collection have been lost, stolen, or destroyed for reasons within or beyond THE PHOTOGRAPHER’s control, THE PHOTOGRAPHER’s liability is limited to the return of payments received for the event minus any expenses that may have incurred such as performed photo sessions, equipment rental or expenses used, paid fees of any sort, or other duties performed for the event. The limit of liability is the value in this contract. The CLIENT further grants the PHOTOGRAPHER release from any financial liability exceeding those monies paid based on style or creative interpretation.

 

13. Real Estate Clause

This Clause applies only to Real Estate photography sessions, the form specific property address (hereafter known as the “Property”). Real estate photography digital images will be delivered within 3 business days of scheduled session. All Photos and rights relating to them, including copyright and ownership rights in the media in which the Photos are stored, remain the sole and exclusive property of the Photographer. This license provides the Client with the limited right to reproduce, publicly display, and distribute the Photos only for promotional or advertising purposes directly related to the sale of the Property. Photos used for any purpose not directly related to the sale of the Property must be with the express permission of Photographer and the payment of additional fees, unless otherwise agreed to in writing.

Photos may be uploaded to any MLS listing service solely for promotion of the Property during the pendency of this Agreement. However, regardless of any terms and conditions of the MLS, at no time does this Agreement provide Client with the right to transfer copyright, or any other exclusive rights as provided by the Copyright Act 17 U.S.C § 106. Photos may contain copyright management information (CMI) at the discretion of the Photographer in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Client will be responsible to the Photographer for any penalties and awards available under the statute. Client is responsible for ensuring that the Photos are removed from MLS databases at the expiration of this Agreement.

Unless otherwise specifically provided elsewhere in this document or other signed agreement between the parties, any grant of rights is limited to a term of either one (1) year from the date of this Agreement, or (2) at the termination of Client’s representation of the Property, whichever occurs first. Further use of images beyond one (1) year requires Photographer’s permission and additional fees. Rights are assigned to the Client immediately upon delivery of the Photos.

 

14. Agreement

CLIENT agrees and understands all terms listed in this agreement, including terms on paid invoice which constitutes the entire understanding and agreement of parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements or conditions, express or implied, written or oral between parties.