PHOTOGRAPHY SERVICES AGREEMENT
This document is a contractual agreement between:
Kelly Martin Photography (“Photographer”)
6525 Briarwood Place
Zionsville, IN 46077
Full Name (“Client”): (named below)
3-4 hour session
Props and accessories provided for posed portion
All edited digital images with print release
All edited images viewable via online gallery w/ option to purchase prints
Session Fee. The session fee for a posed + lifestyle newborn session is $550 or if included with a package, discounted to an agreed upon price.
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 15 miles outside the 46077 zip code.
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. If Photographer is sick, a the newborn session will be rescheduled. If the rescheduled session will occur after the preferred age for the newborn (after 3 weeks), the Client has the option to cancel the contract with the Photographer and the deposit 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 deposit 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.
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.
Client Regret. Photographer does not offer free or discounted re-shoots on the basis of client regret over wardrobe choice, location choice, etc.
Reshoots. In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer may reshoot at a 25% discount from the original session fee. Client will receive digital images from the second portrait session only and the RAW files from the original session will be deleted. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.
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 portrait session with Kelly Martin.