Contract of Photographic Services
PARTIES
This Contract is between {firstName} {lastName} (the “Client”) and Well Fed Photography (the “Photographer”).
Additional parties present during photographic services may hereafter be referred to as “Subjects”.
SCOPE OF WORK
This contract is for services and products related to a photography session (hereafter “session” or “the session”) to take place at the following time and place: XXXXXXXXXXXXXXXX
RETAINER & PAYMENT
The Client shall pay in full the amount of €XXXXX (EUR) plus travel fee (where necessary) for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this fee is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. The Client understands that the session fee is a non-refundable fee and will not be owed to the Client should the Client cancel the session. Where a cancellation occurs, the client understands he/she must pay in full a rescheduling fee in the amount of €250. Upon receipt of the rescheduling fee, the Photographer will reserve the time and date agreed upon by both parties. In instances where repeated late cancellations or no-shows occur, the Photographer reserves the right to immediately cease business relations with the Client.
COOPERATION
The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to having all decision-makers present at each consultation (booking and ordering) and specifying persons and/or scenes to be photographed, etc. The Photographer shall be relieved of responsibility for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation. The Client shall not hold the Photographer responsible for dissatisfaction relating to the Client’s appearance in photographs (e.g. the Client’s own wardrobe, hairstyling, makeup application, etc.).
ARTISTIC INTERPRETATION & THE CREATIVE PROCESSES
The Photographer reserves the right to artistically interpret and choose how to best photograph the subject(s) and scene(s) of the photo session. The Client understands that the number of images and specific poses/shots cannot be guaranteed. The Client understands that the Photographer may choose to present photographs in colour only, black and white only, or as a combination of both colour and black and white photographs. The Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of the Client.
PRODUCTS & SERVICES
The Client understands that products/goods are not included in the session fee. The Photographer will have prepared images to be proofed by the Client approximately four weeks after the date of the session – to be reviewed by the Client at the Photo Reveal/Ordering Session (date and time of which to be scheduled and agreed upon by the Photographer and Client). The Client understands and agrees that proofs are the exclusive property of the Photographer and that the Client has no right to these photos except for review. The Client agrees to have all decision-makers present at the Photo Reveal/Ordering Session. The Photographer reserves the right to cancel and reschedule Photo Reveal/Ordering Sessions in instances where all decision-makers are unable to be present. The Client understands that the pricing of products/goods are non-negotiable and that all outstanding balances must be paid in full prior to delivery of products/goods. The Client understands that, due to the variable nature of lab production, it may take up to or over six-weeks for their products/goods to be made. Where possible, the Client will be notified of delays. The Photographer is not liable for any unforeseen damage to products/goods while in the Photographer’s care unless the Photographer is otherwise proven to have been negligent. The Client understands that all sales are final and that, where a defect occurs in printing/production, the product/good will be returned and reordered, unless otherwise agreed by the parties.
IMAGE USE & COPYRIGHTS
The photographs produced by Well Fed Photography are protected by the Copyright and Related Acts, 2000, and may not be reproduced in any manner without Well Fed Photography’s explicitly written permission. The Photographer shall forever retain copyright to the photographs. In instances where Social Sharing Files are provided with purchased Wall Art or Albums or where High Resolution Digital Files are purchased, the Client may share to their personal blogs and social networks where appropriate photo credit is given. Social Sharing Files and High Resolution Digital Files shall be delivered to the Client via digital download. The Client is prohibited from further editing images in any form. The Client is also prohibited from using photos in contests without written consent from Well Fed Photography. The Client may not, for any reason, sell the images to any third party. The Client may not use photographs for commercial purposes, save where the Client has received Well Fed Photography’s explicitly written permission. The Client understands that the Photographer’s RAW files are not available for purchase.
MODEL RELEASE
The Client and Subjects hereby grant to Well Fed Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client and/or Subjects or in which the Client and/or Subjects may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same. The Client and Subjects hereby release Well Fed Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
LIMIT OF LIABILITY
In the unlikely event that the Photographer is injured, becomes too ill, or has an extreme emergency that prevents him or her from photographing the session, the Photographer will make every effort to reschedule the session. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the package or session purchased. The Client agrees to indemnify and hold harmless the Photographer for any liability, damage, or loss related to technological failure, including data loss. The Client understands and agrees that the Photographer is not required to maintain copies of the photos from this session 30 (thirty) days after the photographs have been delivered to the Client. The Client and all Subjects present at the session agree to hold the Photographer harmless for any personal injury which may occur while working with the Photographer.
SESSION TIME
The Client agrees that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Session time commences at the scheduled start time. Any Client that is late arriving to the photography session will have the amount of time they are late deducted from the time allotted for the session. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
LOCATION PERMITS & FEES
Clients are responsible for any applicable location fees and permits, as well as any location expenses such as parking or admittance fees. If there are any costs/fees associated with the session location, the Client will be responsible for all fees incurred by both the Client and Photographer. The Photographer has no duty to obtain permission of reception centres, churches, buildings, properties, or other locations to operate thereon. The Client understands and agrees that any failure to obtain these permissions resulting in fines to the Photographer, or which prevent the Photographer from photographing the session is not the fault, liability, or responsibility of the Photographer.
RESCHEDULING
If an illness or extreme emergency prevents a photo session from taking place, the Client may reschedule at least 48 hours prior to their session without penalty. Should the Client fail to give 48 hours’ notice, or decide to completely cancel the session, the non-refundable session fee is forfeited and will not be refunded. The Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond control.
JURISDICTION
Disputes arising from this Agreement shall be settled in the courts of Photographer’s local jurisdiction, and both parties hereto consent to the jurisdiction of such courts.
SIGNATURES
By signing below, the parties declare that they have read all pages of the agreement, understand its terms and conditions, and acknowledge receipt of a completed copy signed by all parties.
