I always want to make sure you know what to expect from me! I want your trust. I want your confidence!
Here is a general idea of what you can expect from me and our experience together.
This Agreement is made effective for all purposes in all respects as of ____________ (date), Jessica Welch Photography hereafter referred to as “the COMPANY” and ____________________________, hereinafter referred to as “The CLIENT” .
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties.
RESERVATION: A signed contract is required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or canceled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation.
SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question. The CLIENT reserves the right to terminate coverage and leave location if he/she feels their safety is in question. The COMPANY will always try to provide a safe environment for all, but is not responsible if any accidental injuries that may occur, such as a fall, during the time of the event.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the appropriate time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting time will be cut by the amount of tardiness. If the CLIENT is more than 30 minutes late, the COMPANY has the right to cancel the session and keeps the non-refundable retainer fee. If the CLIENT reschedules or cancels a session more than twice, the COMPANY can refuse future scheduling due to lack of dependability.
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address. For all EVENT(S), the first 30 miles roundtrip of travel are included. All miles in excess of 30 miles roundtrip are charged at $1.50 per mile.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, tardiness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM and COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased an “Image USB” from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images will be transferred to the CLIENT. If the CLIENT has purchased an “Image USB” from the COMPANY, the COMPANY grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written permission from the COMPANY prior to publishing and cannot sale the COMPANY'S work.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from the COMPANY is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY: The COMPANY is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the COMPANY. While normally occurring sooner, the COMPANY agrees to have the CLIENT's image gallery link delivered within 4-6 weeks after the day of the event.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the COMPANY.
PAYMENT SCHEDULE: The balance is payable in full prior to or on the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $35 non-sufficient funds fee. Payments can be made by Cash, Check, FaceBook Pay, Apple Pay or PayPal.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time.
Indemnification: Each party handles their own liability. In the event that the CLIENT causes destruction to property at the EVENT, they are liable for the actions of such and vice versa.
RESHOOT: If the COMPANY does not provide 20 different images for a full session and 10 images for a mini session in the CLIENT's gallery, the CLIENT will be awarded a reshoot at no cost. If during the EVENT, the CLIENT is at fault for the lack of images provided, due to tardiness or actions, a reshoot can be rescheduled for an additional half off the original cost of the first session.
CLIENT INFORMATION
NAME _____________________________________________________________________
ADDRESS__________________________________________________________________
PHONE_____________________________________________________________________
EMAIL _____________________________________________________________________
DATE ________________________________
I _____________________________________________ (the CLIENT) understands and agrees to the content provided in the contract provided.