PHOTOGRAPHY SERVICES AGREEMENT – MINI SESSION
This document is a contractual agreement between:
Kelly Martin Photography (“Photographer”)
6525 Briarwood Place
Zionsville, IN 46077
Full Name (“Client”): (named below)
20 minute session
Eight digital images with print release
All edited images viewable via online gallery w/ option to purchase prints
Option to upgrade for $50 and receive all edited digital images
Payment. Full payment must be made upon booking and is non-refundable (exception noted in section 4).
Rescheduling. Mini sessions are scheduled for a certain date and are not transferable unless agreed upon by both parties.
Weather. It will be the Photographer’s choice to cancel mini sessions based on weather. If canceled a backup date will be provided. If a backup date doesn’t work, Photographer will work with Client to find a mutual time to hold the session. If a future date cannot be agreed upon, then the session fee will be refunded.
Late Arrivals. If Client is late arriving to a session, the amount of time late will be deducted from the time allotted for the session. This may also result in a reduction of the number of edited images, if such reduction is deemed necessary in Photographer’s discretion.
Cancellation. If Client cancels a session without rescheduling or fails to show up for a scheduled session, the session fee shall be forfeited.
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.
Retention of Digital Files. Photographer will delete all RAW files from the session that were not selected for editing one month after delivery of the gallery. Photographer does not guarantee all final jpg files delivered to client will be kept indefinitely.
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.
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.
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.
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.
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.
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. Basic editing is included for all sessions, including teeth whitening, minor blemish removal, minor background distractions, etc. Extensive detailed editing will be charged per image at $15/image.
Client Regret. Photographer does not offer free or discounted re-shoots on the basis of client regret over wardrobe choice, location choice, etc.
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 mini session with Kelly Martin.