CONTRACT overview

CONTRACT

BASIC SESSION OVERVIEW

The Photographer will photograph Client for up to __________ hours starting no earlier than start time and ending no later than  end time. This time frame will be referred to as the session. The Photographer will provide the Client with access to the photos by in accordance with the rest of this Agreement. This Agreement becomes effective upon the Parties signing and dating this Agreement, below. 

PRICING

The service fee is _________. The service fee is due even if the Client stops the Session before the end time established in the “Basic Session Overview” area of this Agreement. Any additional goods or services not included in this portrait photography contract will be sold at then-current rates. Photographer makes no pricing guarantees outside of the terms of this contract, and the Client acknowledges that prices for additional goods or services are subject to change suddenly and without notice

PAYMENT

Once serviced are rendered, the Client must pay the service fee by _________

DEPOSIT

A required retainer of _______ is due at the signing of this agreement or at another time as agreed or at another time as agreed by the Parties. The service fee, when due, will be reduced by the amount of the retainer. No photography will take place and no rights are granted until the retainer is paid in full. The photographer will not reserve the session date and time until paid the retainer in full. 

NO REFUNDS

Upon both parties signing this agreement, and upon the Client furnishing the Photographer with the agreed-to retainer, Photographer will reserve the session time and will not make another reservation for the specified time frame. For this reason, all retainers are non-refundable if the Session is canceled or changed for any reason. Fees once paid, are non-refundable as well. 

IN THE EVENT THAT THE PHOTOGRAPHER CANNOT PERFORM

In the event of the Photographer's foreseeable illness, conflict, or inability to perform, the Client agrees that Photographer may assign and delegate the performance and obligations of this Agreement to another professional Photographer at the Photographer's discretion.

LIMITS OF LIABILITY

If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then the Photographer will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement. The Photographer will also return all retainers and fees, but will not be liable for any other injuries, if photo materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of the Photographer. In no event, regardless of the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive, or any other damages, including attorney’s fees, resulting from Videographer's services or lack thereof. The Photographer shall only be liable up to the price of this agreement. 
If the Photographer should be unable to provide the goods and services outlined in this contract for any reason, Photographer agrees to refund any fees paid by the Client, minus applicable expenses, and shall have no further liability with regards to this contract. This limitation of liability also applies to any loss or damage to footage, photographs or other materials after the events listed in this contract. 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.

ARTIST'S STYLE AND DISCRETION 

The Client understands and agrees that the client is hiring Photographer to perform Photographer's services in Photographer's own discretion and style. The Client has no right to rescind this Agreement in any way if the Client is not satisfied with Photographer's photos. 

ARCHIVING PHOTOS

The Client understands and agrees that the client is hiring Photographer to perform Photographer's services in Photographer's own discretion and style. The Client has no right to rescind this Agreement in any way if the Client is not satisfied with Photographer's photos. 

RESTRICTION OF USE & UNAUTHORIZED REPRODUCTION

All photos taken by Tomlin Visuals and/or his assistant remain the sole, copyrighted, and intellectual property of the Photographer. Tomlin Visuals may reproduce, use, and distribute the videos for any personal, business, marketing, or studio purpose. Model expressly agrees to release to Tomlin Visuals any personal or proprietary interest in the photo materials that result from the season and agrees that Tomlin Visuals may showcase, sell, or otherwise distribute photo materials from the session, including those depicting Model.
The Client shall NOT modify or otherwise alter Photographer's photo materials. This includes filters, cropping, or modification of any kind.
The Photographer DOES provide the Client permission to resize photographs for Internet-based usage 

NO GUARANTEED RESULTS

The Photographer will make a good faith effort to achieve the Client’s desired results. However, photography is a subjective art form, and the Client acknowledges that the Photographer cannot and will not guarantee particular results, including the Client’s desired results. 

INTELLECTUAL AND PROPERTY RIGHTS AND RELEASE 

All photos taken by Tomlin Visuals and/or his assistant remain the sole, copyrighted, intellectual property of Photographer, even after full payment by Client and distribution to Client. The Photographer may reproduce, use, and distribute the photos for any personal, business, marketing, or studio purpose. The Client expressly agrees to release to Photographer any personal or proprietary interest in video materials that result from the session and agrees that Photographer may showcase, sell, or otherwise distribute video/photo materials from the session, including those depicting Client. 

APPROPRIATE CONDUCT / SAFE WORKING ENVIRONMENT

The Client(s) expressly agree(s) to take the best efforts to provide Vendor and Vendor’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to be a threat or implied threat of injury or unprofessional, harassing language or behavior to Vendor or staff, the Vendor will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, the Vendor shall resume work in accordance with the original terms of this agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Vendor harmless as a result of incomplete services under this Agreement, or for a lapse in the quality in Vendor’s work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Vendor resumes work detailed in this Agreement.

CANCELLATION

The Client may cancel this contract at any time up to 30 days prior to ______ To do so, Clients must send a written cancellation notice via either email or certified mail.The Client hereby forfeit their initial deposit in case of cancellation, and agree to pay the full amount for the services listed above should they cancel this portrait photography contract after the date 30 days before Client may reschedule the date of the portrait shoot listed above no later than 30 days prior to ____ with the written approval of the Photographer. Should the Photographer be unable to accommodate the Client's rescheduled date, the Client will not be held responsible for the remaining balance of this portrait photography contract, but will forfeit their initial deposit.

RESPONSIBILITIES

_______. will be the sole and exclusive photographer for the above listed photo shoot. Photographer is responsible for bringing any equipment or assistants necessary to conduct the services outlined in this contract.
Client agrees to prevent any other photographers or videographers at the shoot listed in this contract from interfering with the Photographer's performance of their duties. This includes guests and other amateur photographers or videographers.
Photographer will not be held liable for compromised event coverage due to interference from other parties, including interfering traffic in public spaces. Likewise, Photographer is not responsible for degraded coverage due to environmental issues, such as poor event lighting, space, or backdrops.
Client agrees to confirm the event's date, time, and location no later than 
 days prior to
Photographer will provide the goods and services listed in this portrait photography contract, including event coverage for the listed hours at the venues listed. If additional coverage hours are requested on the day of the events, Clients agree to pay the Photographer in full for those additional hours at the hourly rate listed in this contract.
Photographer agrees to make every effort to provide satisfactory coverage, but cannot make any guarantees as to specific photos, poses, etc during the event.

IMAGE PROCESSING

Photographer will perform limited color correction and retouching prior to delivering any physical copies of images to the Client. If the Client requests a digital copy of their images, the Photographer will provide three image sets: black & white, original color, and corrected/retouched copies. Photographer is not responsible for the printed copies of images delivered to the Client as electronic files. The Client may request additional physical copies of images and footage from the event within 7 days of.

MODEL RELEASE

This portrait photography contract serves as a model release. This Grants the Photographer the right to use all images and footage without restriction for advertising, portfolios, and other lawful purposes. The Client waives the right to inspect any images produced using the images or footage from the events in this contract, and the right to restrict the use of the images or footage from the listed events by the Photographer.

All photographs and footage are and shall remain the sole intellectual property of the Photographer in accordance with Georgia Copyright Laws. The Client hereby waives any right to the intellectual property ownership, monetization, or reproduction of the images and footage created by the Photographer, with exception of the terms of any formal written releases provided to the Client by the Photographer.

MODEL RELEASE FOR MINORS

In consideration of the engagement as a model of the minor named below, and for other good and valuable consideration that I acknowledge as having received, I hereby acknowledge the following rights and permissions belong to
 ("Photographer"), his/her legal representatives and assigns, those for whom Photographer is acting, and those acting with his/her authority and permission. They have the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of the minor or in which the minor may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations from time to time, in conjunction with the minor's own or a fictitious name, or reproductions of such photographs in color or otherwise, made through any medium at Photographer's studios or elsewhere, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. I also consent to the use of any published matter in conjunction with such photographs.

I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I waive any right that I or the minor may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the use to which it may be applied. I release, discharge, and agree to hold harmless and defend Photographer, his/her legal representatives or assigns, and all persons acting under his/her permission or authority or those for whom he/she is acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.

I hereby warrant that I am a legally competent adult and a parent or legally appointed guardian of the minor, and that I have every right to contract for the minor in the above regard. I state further that I have read the above authorization, release, and agreement, prior to its execution, and that I am fully familiar with the contents of it. This release shall be binding upon the minor and me, and our respective heirs, legal representatives, and assigns.
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APPROVAL

I have read, understand, and agree to abide by the terms of this portrait photography contract as they are listed above.