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. 1-2 hour session

    2. Complementary 8X10 print

    3. Online-gallery of all edited images with the option to purchase digitals or prints

    4. Submission of 8-12 edited images to N2 Publishing for inclusion in Trader’s Point Living Magazine

  2. Rescheduling.  In the event that Client needs to reschedule a session, it is preferred that notification is given to the Photographer no less than forty-eight hours in advance. 

  3. Weather. Photographer or Client may request to reschedule the session due to weather. Photographer and Client will reschedule to an agreed date at the earliest date possible.

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

  5. Reshoots. 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.

  6. 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. 

  7. 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. 

  8. 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. 

  9. 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.

  10. 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.

  11. 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.

  12. 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. 

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