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)
1 - 1.5 hour session
All edited digital images with print release
All edited images viewable via online gallery w/ option to purchase prints
30 minute session
15 edited digital images with print release
All edited images viewable via online gallery w/ option to purchase prints
Option to upgrade for $50 to receive all edited digitals.
Session Fee. The session fee for a regular portrait session is $375 (seniors add $50 and that extends session time to 2 hours and 2 locations) and the session fee for a mini portrait session is $225. Regular portrait sessions are based on six persons or less. Groups larger than six will be billed $6/person for each additional person over six. Mini portrait sessions are capped at five persons.
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 and the Photographer agrees, the deposit shall be applied to another session. During the peak fall season (Sept, Oct, Nov) a $100 reschedule fee will be assessed for sessions rescheduled within one week of the scheduled session. Refer to Weather section below about guidelines about rescheduling due to weather.
Weather. Photographer or Client may request to reschedule the session due to weather. During the peak fall season (Sept, Oct, Nov), there will be less leniency about rescheduling based on weather. Rain, thunderstorms, high winds, temperatures under 40 degrees will qualify for rescheduled sessions. Misty weather, cloudiness, only a potential for severe weather, and unseasonal (warm in fall and cold during spring/summer) temperatures will not qualify for a reschedule unless mutually agreed by the Photographer. If Client wants to reschedule based on weather and Photographer does not agree, a reschedule fee will be assessed (See 4. Rescheduling above). If both Photographer and Client mutually agree to reschedule, Photographer and Client will reschedule to an agreed date at the earliest date possible, with no additional charge.
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 and/or 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.
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.
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 only receive digitals from second portrait session and the RAW images 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.