• Portrait Photography Contract

  • - Client Information 


     

  •  -
  • This Contract is between the Client, whose name and address is listed above, and
    Emily Faller - Modern Photography.


    1. Retainer and Payment. The Client shall make a non-refundable retainer in the
    amount of $125 for the Photographer to perform the services specified herein.
    Upon payment, the Photographer will reserve the time and date agreed upon by
    both parties. The Client agrees that this retainer is earned by the Photographer
    when paid, and is remitted in consideration of the experience, reputation, skill of the
    Photographer, and in consideration of the inability of the Photographer to schedule
    other clients during this time.

    Payment for product orders shall be submitted to the Photographer within 24
    days of gallery delivery, whether via online proofing service or in-person viewing.

    Any payment plan Contract agreed to by the Photographer and the Client shall be
    included as an addendum to this Contract. A late payment fee of $50 shall be
    applied to the late payment amount in accordance with the payment plan Contract.
    No products shall be delivered until the entire amount is paid in full.


    2. Cancellation. If the Client requests to amend or cancel this Contract 30 or
    more calendar days before the agreed upon photographic event date, the retainer
    SHALL be applied to a mutually agreed upon reschedule date. If
    the client fails to show or cancel 29 or less calendar days before the agreed
    upon photographic event date, the retainer shall be forfeited.


    3. Re cheduling/Late Arrival. In the event that the Client requests to reschedule a
    photographic event, the retainer shall be applied to a rescheduled event if notice is
    given at least 20 days prior to the scheduled event. Reschedule must be within
    the same calendar year. Any Client that is late arriving to the event will have the
    amount of time late deducted from the time allotted for the event. Clients shall not
    be compensated for the time deducted from the event due to late arrival of the
    Client.


    4. Completion Schedule. Completion schedules and delivery of products shall be
    determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.

    Prints shall take 2 weeks from time of print order to be processed and delivered to the Client.
    Albums shall take 3 weeks from date of final design approval by the Client to be received by the Photographer.

    The Client should place orders with sufficient time to allow for normal delays and
    notify the Photographer at the time of the order if there are any extenuating
    circumstances requiring a quicker turn around. An expedited fee of $25 shall be
    applied to expedited product requests. The Photographer shall not be held
    responsible for delivery delays due to the fault of manufacturing and/or delivery
    services.


    5. Use of Independent Contractor. In the event a third-party Independent Contractor
    is hired for services and/or products for the photographic event, the Photographer is
    not liable for any actions by the Independent Contractor. This includes, but is not
    limited to, allergies as a result of use of the products/services by the Independent
    Contractor. It is the Client’s responsibility to convey all allergies to the Independent
    Contractor.


    6. Photographic Material . All photographic materials, including but not limited to
    negatives, transparencies, proofs, and previews, shall be the exclusive property of
    the Photographer. All orders must be placed within the outlined schedules within
    this Contract. No products, including digital files, will be released until the agreed
    upon amount is paid in full per the payment schedule outlined in this Contract.


    The Photographer shall make gallery proofs available through an online
    gallery proofing website. These proofs shall be available to the Client within
    2 weeks of the photographic event. If an online proofing gallery delivered, it shall remain open for 14 days from delivery. If the Client requests to extend the time or reopen the online proofing
    gallery, a $20 un-archival fee shall apply.

     

    7. Artistic Right . The Photographer retains the right of discretion in selecting the
    photographic materials released to the Client. The Client shall receive a gallery of
    20-60 photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. 


    8. Copyright and Reproduction . The Photographer shall retain copyright ownership
    of all works created in the course of this Contract, including but not limited to all
    images in their original and processed formats. It is understood that any duplication
    or alteration of original images is strictly prohibited {Copyright Law Title 17,
    Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005,
    Section 102} without the written permission of the Photographer. Alterations
    include, but are not limited to, application of filters, cropping, or modifications of
    any kind.


    The Photographer DOES NOT provide the Client permission to resize
    photographs for Internet-based usage.


    9. Client Usage. The Client shall only use the photographic prints, including digital
    files, in accordance with the permissions within this Contract. The Client’s prints
    are for personal use only and shall not be submitted to contests or reproduced for
    commercial use. The Client shall not make, or provide authorization to a third-party
    to make, reproductions of works resulting from this Contract without express
    permission of the Photographer. Additional prints and/or digital files may be
    purchased between third-parties and the Photographer with the permission of the
    Client. Accordingly, if the Photographer provides a digital file print release, the
    Client must act in accordance with the release.


    10. Social Media. The Client may share web/blog post links and social media albums
    through use of the share functions and dissemination of direct links. The Client
    shall not copy, download, screen shot, or capture the photographs in any other
    fashion. The Client shall identify the “COPYRIGHT YEAR
    PHOTOGRAPHER BUSINESS NAME” in the caption of all photographs
    uploaded to social media websites and profiles.


    11. Photography and Videography. The Client shall not engage in photography or
    videography during the course of the photographic event unless otherwise agreed to
    by the Photographer.


    12. Failure to Perform. If the Photographer is unable to perform this Contract due to
    illness, emergency, fire, casualty, strike, act of God or causes beyond the control of
    the Photographer, the Photographer and the Client shall make every attempt to
    reschedule the photographic event. If a reschedule is unable to be agreed upon, the
    Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials
    due to technological malfunctions, including but not limited to the equipment
    operation and image processing, or photographic materials are otherwise lost or
    damaged without fault of the Photographer, liability shall be limited.


    13. Substitute Photographer. The Photographer reserves the right to substitute with
    another photographer. The substitute photographer is chosen at the discretion of the
    Photographer and does not constitute a breach of this Contract. The Photographer
    warrants the substitute photographer to be of comparable quality and
    professionalism.


    14. Photographer’s Standard Price List. The charges in this Contract are based on
    the Photographer’s Standard Price List. This price list is adjusted periodically and
    future orders shall be charged at the prices in effect at the time when the order is
    placed.


    15.Travel and Overage Fee . The Client shall pay $1 per 50 miles outside
    the zip code of 15001.

     
    16. Arbitration. Any controversy or claim arising out of or relating to this Contract, or
    the breach thereof, shall be settled by arbitration, administered in accordance with
    the Commercial Arbitration Rules of the American Arbitration Association,
    administered by a licensed Arbitrator in the jurisdiction closest to the
    Photographer’s office and the arbitration award may be entered for judgment in any
    court having jurisdiction thereof. Notwithstanding the foregoing, either party may
    refuse to arbitrate when the dispute is for a sum less than $300. In no event shall
    an award in an arbitration initiated under this clause exceed the contracted price of
    the controversy in dispute.


    17. Indemnification. The Photographer shall be held harmless for any and all injury to
    the Client and the Client’s property during the course of the photographic event and
    the immediately surrounding events.

    18. Miscellany. This Contract incorporates the entire understanding of the parties. Any
    modifications of this Contract must be in writing and signed by both parties. Any
    waiver of a breach or default hereunder shall not be deemed a waiver of a
    subsequent breach or default of either the same provision or any other provision of
    this Contract. This Contract shall be governed by the laws of the State of Pennsylvania.


    19. Attorney’ Fee . If either party to this Contract brings a legal action against the
    other party to this Contract to secure the specific performance of this Contract,
    collect damages for breach of this Contract, or otherwise enforce or interpret this
    Contract, the prevailing party shall recover reasonable attorney’s fees and all costs,
    premiums for bonds, fees, and other expenses expended or incurred in the action in
    addition to any other relief that may be awarded. 

    20. Construction. Any rule of construction to the effect that ambiguities are to be
    resolved against the drafting party shall not apply in interpreting this Contract. The
    language in this Contract shall be interpreted as to its fair meaning and not strictly
    for or against any party.

     

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