PHOTOGRAPHY SERVICES AGREEMENT

 

This document is a contractual agreement between:

 

Kelly Martin Photography (“Photographer”)

6525 Briarwood Place

Zionsville, IN 46077

Tel: 765-749-4388

Email: kellymartinphotos@gmail.com

And

Full Name (“Client”):   (named below)

AGREEMENT TERMS

  1. Deliverables:

    1. 2 hours of shooting time

    2. All edited digital images with print release

    3. All edited images viewable via online gallery w/ option to purchase prints

  2. Session Fee. The session fee for a small event is $250.  Additional hours may be purchased at the rate of $75/hr billed in 15 minute intervals.  Photographer will consult with Client at the completion of the 2 hours to decide if the time will be extended if not already determined. 

  3. For single sessions, Client shall make a $100 non-refundable deposit (towards the session fee) to Photographer to perform the services specified herein.  Upon payment, Photographer will reserve the time and date agreed upon by both parties.  The remainder is due before or at the session.  For packages with multiple sessions, Client shall make a $200 non-refundable deposit (towards the total package fee). The remainder will be due based on an agreed upon payment schedule based on session dates. Client shall pay $0.55 per mile for travel more than 30 miles outside the 46077 zip code. 

  4. Rescheduling.  In the event that Client requests to reschedule a session, the deposit shall be applied to another session.  Client must provide notice no less than forty-eight hours in advance to reschedule a session. 

  5. Cancellation. If Client cancels a session without rescheduling or fails to show up for a scheduled session, the deposit shall be forfeited. 

  6. Unplugged. Photographer highly recommends that Client recommend to guests to "unplug" and not use cell phones and digital cameras during the event.  Photographer is not liable for missed shot opportunities due to guests using their own equipment and blocking views of Photographer. 

  7. Copyright and Reproductions.  All photographic materials, including but not limited to unedited RAW files and edited JPGs, shall be the exclusive property of Photographer.  Photographer shall own the copyright of 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 Photographer’s website, etc.  Client shall not duplicate or alter any original images without the express written permission of Photographer.

  8. Exhibition.  Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images. 

  9. Client’s Usage. Client shall only use the prints and products, including digital files, in accordance with the permissions in this agreement.  Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use.  Client may not authorize any reproductions by parties other than Photographer.  If Client purchases digital files, the client must act in accordance with the digital file print release that accompanies them. 

  10. Social Media. Client may share blog post links and Facebook 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. 

  11. Failure to Perform. If Photographer is unable to perform the services set out in this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of Photographer, Photographer and Client shall make a good faith attempt to reschedule the session.  If a rescheduled date is unable to be agreed upon due to Photographer’s unavailability, Photographer shall return the deposit to Client and shall have no further liability.  Further, if 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 Photographer, liability shall be limited to the deposit amount. 

  12. Limitation of Liability. Client hereby waives and releases any current or future claim against Photographer for any and all injury to Client during the course of the photography session and the immediately surrounding events.  In no event will Photographer’s liability for any claim related to this agreement exceed the amount of any payment(s) paid by Client to Photographer.

  13. Creative License. Images are edited at Photographer’s discretion, and delivered digitals and/or prints may not include all images shot.  Photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within Photographer’s artistic standards. 

  14. Client Regret.  Photographer does not offer free or discounted re-shoots on the basis of client regret over wardrobe choice, location choice, etc. 

  15. Entire Agreement.  This agreement contains the entire understanding between Photographer and Client.  It supersedes all prior agreements between the parties.  The only way to add or change this agreement is to do so in writing, signed by all parties.  If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.  This constitutes an order for one event session with Kelly Martin. 

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