Portrait Photography Contract
KG Photo Studio Contract for Portrait Photography
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Email *
First and Last Name *
Portrait Type *
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Location
If the portrait session is OUTDOOR, please provide the location.
Portrait Session Time *
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Portrait Session Date *
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Cost *
Portrait Photography ContractThis agreement is between KG Photography, hereinafter referred to as the "Photographer, operating in the State of California, and the signers of this agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties"This is a legally binding contract between the Photographer and the Client. It supersedes all previous agreements (verbal or written) between parties. If any parties waive or alter part of this agreement, the rest of the agreement remains intact. *
Required
CANCELLATION:There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the portrait session contract is cancelled or postponed by the Client, the non-refundable retainer payment will not be returned, it being the agreed loss suffered by the photographer due to cancellation.In the unlikely event the Photographer determines that they are unable to complete the photoshoot due to unforeseen circumstances, a backup photographer will be provided. If no backup can be found, all money (including the deposit) will be returned to the Client.Once the balance is paid, it is non-refundable.Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation. *
Required
RETAINER:In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client.The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of photoshoot. If final payment is not received, the Photographer will not be expected to start and/or complete the photoshoot. *
FAILURE TO PERFORM:The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible for lost photo opportunities due weather conditions, the lateness of the clients, complications caused by but not limited to anyone in or by the photoshoot location or location restrictions.The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer. *
SATISFACTION AND ACCURACY:The Client agrees that the work delivered will be of a similar style and caliber to those photographs on our website and blog, and that the Photographer will have complete creative control during the photographs and in post-processing.The images will be delivered in JPEG format with a mix of color and black and white images, deemed appropriate by the photographer.No re-editing will be done after the final edited copies are presented to the client. The client agrees weather, location, schedule complications, time restraints and subjects’ ability to cooperate are all factors in the quality of the photographs.The Photographer will not edit for physical size, hair, nor any other physical appearance issue other than blemishes. *
RETENTION OF DELIVERED FILES:Once the files are delivered to the Client, it is the Client’s sole responsibility to protect and retain their images for the future. It is highly recommended that USB’s be duplicated and stored in multiple locations in cool dry areas. The Photographer agrees that replacement digital copies can be requested up to 3 months after date received. After 3 months from received date, the Photographer has the right to refuse to replace digital or USB copies of images. *
CREATIVE LICENSE:Images are edited at the Photographer’s discretion and delivered images may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards. *
COPYRIGHT AND REPRODUCTION:Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted.The images created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.The Client understands the images given cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer. *
LIMIT OF LIABILITY:In the unlikely event of total photographic failure or cancellation of this contract by either party or in any circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. Any legal matters will be held in the photographer’s home state, any legal fees incurred by the Photographer as a result of Client prosecution will be paid by the Client. *
FORCE MAJEURE:If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. *
EXPENSES:Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Clients are responsible for all location fees and permits.Travel fees are pre-determined and will be set out in the initial payment total. *
I have read all of the above and fully understand and agree to strictly adhere to each section. *
PLEASE TYPE YOUR FULL NAME TO SIGN THIS CONTRACT.
A copy of your responses will be emailed to the address you provided.
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