Portrait Photography Agreement
This agreement is between Erica Joi Photography (hereafter “Photographer” “the Photographer” or “Photography Company”) and YOUR NAME (hereafter referred to as “CLIENT”).
1. This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the following time and place. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.
2.1 - In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is retainer or deposit. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. The balance of the payment for photography services must be paid in full no later than the day of the SHOOT. If the PHOTOGRAPHER cancels this shoot for any reason, the initial payment will be returned.
2.2 -In the case of inclement weather, the PHOTOGRAPHER may contact you to cancel if there is rain, extreme heat, thunder/lightning, tornado, snow, ice/blizzard the day of your session. The PHOTOGRAPHER may not cancel based on forecasted inclement weather. If the CLIENT chooses to cancel the shoot due to forecasted inclement weather, the deposit will not be returned.
2.3 - It is the responsibility of the CLIENT to contact the PHOTOGRAPHER if they are late for their scheduled time. The PHOTOGRAPHER often has several sessions scheduled back to back and my not be able to accommodate late arrivals. If the CLIENT is more than 5 minutes late, the PHOTOGRAPHER may cancel their session or move the CLIENT session if there are later times available. The PHOTOGRAPHER is not responsible to accommodate or shoot a session if the CLIENT is more than 5 min late.
3.1 - All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT will be delivered to CLIENT via prints or digital download according to the session the CLIENT has booked. If photos are included in the price for photography services, the following will constitute the entirety of photos to be delivered to client and licensed for personal use only.
3.2 - CLIENT understands that ALL editing of photos must be done by the PHOTOGRAPHER. CLIENT agrees that he/she may not alter the photos by adding filters, overlays, or any other edits. Failure to abide by these guidelines is in direct breech of this contract.
4.1 - CLIENT understands and agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT. All poses are completely at the discretion of the PHOTOGRAPHER.
4.2 - CLIENT understands and agrees that PHOTOGRAPHER is not required to capture smiles, or certain moods of those involved in the shoot.
4.3 - CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER is not required to cater to specific aesthetic preferences of CLIENT.
4.7 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability
5. Duty of Client CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT when the CLIENT requests specific locations. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Model Release CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website, social media, print materials or other marketing purposes.