Photography Contract
This agreement is between the Client and Hali Thompson [Hali Shoots Photography].
1. Rescheduling/ Late Arrivals. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. Any client that wants to reschedule, for any reason, will be allowed one reschedule without penalty. After the first reschedule, if the client wants to reschedule a second time, the current booking would be terminated and client would have to go through the whole booking process again. This means putting down a new deposit and signing of the contract.
2. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.
3. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available via flash drive. These proofs shall be available for download by the Client within 5-7 weeks of the session.
4. Copyright and Reproductions. The Photographer shall own the copyright in 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 the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer may do so without first obtaining the written permission of the Client. 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.
5. Client’s Usage. The Client shall only use the prints, including digital files, in accordance to the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
6. Social Media. The Client may share the photos on any social media platform as long as credit is given to the photographer and no crops or alterations are made to the photograph.
7. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, 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 camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
8. 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 agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
9. Photographer’s Standard Price List. The charges in this agreement 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.
10. Travel and Overage Fees. The Client shall pay .50 per mile for travel 20 or more miles outside the Zip code of 78861 unless other agreements are made.
11. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
12. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement 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 Agreement. This Agreement shall be governed by the laws of the State of TX.
Photographer’s Signature: _________________________ Date: _________________________ Client’s Signature: _________________________ Date: _________________________________