CLIENT + PHOTOGRAPHER AGREEMENT
BOOKING PROCESS. Both an executed contract and full payment of the session fee are required to reserve the mini portrait photography services detailed in this contract on the agreed upon date. Portrait photography services are reserved on a first-come, first served basis. The proposed contract will expire 24 hours (twenty-four hours) from the date it is prepared if the non-refundable retainer and signed contract are not received. Therefore at the time the contract is signed by both parties and the non-refundable retainer is paid, THE PHOTOGRAPHER will reserve a 30 minute time slot on the date agreed upon for THE CLIENT. For this reason, all retainers are non-refundable, even if the CLIENT cancels this contract.
METHOD OF PAYMENT. PayPal is the preferred payment option. Cash or check are also accepted. Checks are subject to a $35 return fee.
RAIN DATE. The PHOTOGRAPHER reserves the exclusive right to reschedule mini sessions due to weather conditions. The PHOTOGRAPHER will notify the client via email no later than 12 hours in advance of the mini session event if the event needs to be rescheduled due to rain, wind, snow, dust, extreme temperatures, etc. If the mini sessions must be rescheduled, they will be rescheduled for the following date.
BACKUP PLAN. In the unfortunate event both the event date and rain date are cancelled due to weather the PHOTOGRAPHER will apply the CLIENT'S investment toward a full session, or the next mini session event. It is in the PHOTOGRAPHERS discretion which dates will open in 2019.
AVAILABILITY OF MINI SESSIONS. Mini sessions are available for families, children, individuals, and couples, up to 6 persons. No pets. No outfit changes. Due to the hurried nature of a mini session, a family session with multiple groupings is not permitted.
LATE ARRIVAL. The CLIENT acknowledges that he/she must arrive 10 minutes prior to his/her scheduled mini session time slot, and be ready to start shooting at the CLIENT'S designated time slot. If the CLIENT is late to their mini session scheduled time slot, time will not be extended or rescheduled as the mini sessions are on a schedule. Refunds are not available for mini sessions cut short or entirely missed due to the CLIENT'S late arrival.
COOPERATION. The CLIENT agrees to cheerful cooperation and communication leading up to and at the mini session. The PHOTOGRAPHER does not warrant that it will provide specific images and shall not be liable if key individuals fail to appear or cooperate during the mini session. In the event that THE CLIENT asks the PHOTOGRAPHER to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, uncooperative children, or any situation out of her control, the PHOTOGRAPHER shall not be liable for images not taken that would normally have been taken during that time.
LIMITATIONS ON LIGHT. The PHOTOGRAPHER is primarily a natural light photographer. The CLIENT acknowledges that in the event any part of the mini session occurs at a time or in a location where there is an absence of natural light, the PHOTOGRAPHER will have to use artificial light sources and the images will look different than the natural light images the CLIENT have seen in the PHOTOGRAPHER’S portfolio. Accordingly, the CLIENT acknowledges that the images shall not be subject to rejection on the basis of taste, esthetic criteria, or personal appearance.
SERVICES. In the unlikely event of any complaint with regards to the PHOTOGRAPHER’S service, all complaints must be received in writing within 7 (seven) days of services. The PHOTOGRAPHER will provide a win-win solution.
PHOTOGRAPHER’S STANDARD PRICE LIST. Prints and products are charged according to 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.
PRINT DISCLAIMER. The PHOTOGRAPHER is not responsible for the quality of any prints or products purchased outside of the PHOTOGRAPHER or studio website. When purchasing images through the online gallery the CLIENT(S) are responsible for choices placed in their shopping cart including spelling, grammar, orientation, cropping, paper choice, finishing and shipping choices. The PHOTOGRAPHER will not replace or refund prints. In the unlikely event of any complaint with regards to the quality of prints and products purchased through the PHOTOGRAPHER all complaints must be received in writing within 30 days of the placed order to be covered by the MPIXPRO quality guarantee.
POST-PROCESSING SERVICES. All images provided to the CLIENT are color-corrected specifically to match the colors at the professional printing lab provided by the PHOTOGRAPHER. Additional retouching services (glass glare, skin imperfections, etc. ) are optional and can be purchased through the CLIENT’S gallery when ordering prints, for a small fee. THE CLIENT must request any additional desired edits or retouching to the PHOTOGRAPHER within 7 days of the e-mail gallery invitation after which the PHOTOGRAPHER is not responsible to further correct any images.
ADDITIONAL IMAGES/RAW IMAGES. Under no circumstance will the PHOTOGRAPHER release RAW images to CLIENT. The PHOTOGRAPHER selects the best representation of the images taken at the wedding/associated sessions for the CLIENT portfolio, and all other images are deleted during the culling process; therefore, no additional images can or will be released to the CLIENT.
COPYRIGHT. The photographs produced by the PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHERS written consent.
MODEL RELEASE. The PHOTOGRAPHER owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to the CLIENT or notification to the CLIENT before use. THE PHOTOGRAPHER also reserves the right to publicly display the names of the CLIENT. As author of all images made hereunder and as provided by law, the PHOTOGRAPHER shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by the CLIENT, without written consent of the PHOTOGRAPHER, the CLIENT will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate. This provision is subject to the LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE and PRIVACY provisions in this contract.
CLIENT PERMISSIONS. Session fee includes the proof of purchase, or Print Release, of digital negatives. The CLIENT will receive a LIMITED copyright for personal use only and for the purposes of the reproduction and distribution of prints as gifts to friends and relatives. The CLIENT agrees not to scan, crop, copy, transfer, reproduce, screenshot or alter images without permission from the PHOTOGRAPHER. And in good faith, will prevent friends and family from doing the same.
DIGITAL IMAGE PRODUCTION TIMELINES; DOWNLOADING IMAGES FROM ONLINE GALLERY. The PHOTOGRAPHER shall post the High Resolution Images to the CLIENT'S online gallery within two to three weeks (2-3) weeks of the mini session date. The CLIENT shall download the zip file of digital images from the online gallery and will not receive a physical disc of images. The CLIENT acknowledges that he/she understands how to download the images from the web onto his/her computer, including unzipping the zip file, and how to back up images to prevent image loss. The PHOTOGRAPHER is not responsible for user error in downloading and saving final images.
ONLINE PERMISSIONS. The CLIENT agrees to credit and tag the PHOTOGRAPHER on social media, blogs, or anywhere online using the PHOTOGRAPHER'S website, or social media handles. In agreement with Copyright Law, images are to remain true to their original artistic intent, eg. no filters or alterations shall be added by THE CLIENT via Instagram, etc.
ARCHIVAL OF IMAGES. The PHOTOGRAPHER deletes all RAW images upon delivery of the final JPEG files to CLIENT. Once the PHOTOGRAPHER delivers the final JPEGs to CLIENT, the CLIENT accepts all responsibility for archiving and protecting their images. The PHOTOGRAPHER does not permanently archive image files. The CLIENT is hereby advised to back up all digital files upon receipt.
RIGHT TO WITHDRAW SERVICES. The PHOTOGRAPHER(S) discovery of new information, changes to agreed circumstances or other factors which tend to circumvent its policies may result in its withdrawal. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should the PHOTOGRAPHER initiate the withdrawal, all fees will be returned, excluding retainer as well as fair market value for all services/products already provided. In case of withdrawal, $25.00 an hour is charged for all other services, consultations and travel costs and time, rounded up to the nearest half-hour.
FAILURE TO PERFORM. If the PHOTOGRAPHER cannot perform this contract due to a fire or other casualty, strike, act of God, or cause beyond the control of the parties, or due the PHOTOGRAPHER'S illness then the PHOTOGRAPHER shall return the deposit to the the CLIENT but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials are damaged or lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on part of the PHOTOGRAPHER. In the event that the PHOTOGRAPHER fails to perform for any other reason the PHOTOGRAPHER shall not be liable for any amount of the retail value of the CLIENT’S order.
SEVERABILITY. If any provision of this contract is held to be invalid or unenforceable under the law, the validity of this contract as a whole shall not be affected, and the other provisions of the contract shall remain in full force and effect.
INJURY. The PHOTOGRAPHER shall not be liable for any injury, illness or death associated with the performance of Photographer’s duties, including activities, poses and/or the locations at the event. By way of example, if pictures are taken at a location where water is present and someone trips and falls causing injury, the PHOTOGRAPHER is in no way liable for such injury or harm. The CLIENT understands that the CLIENT assumes the risk of any and all injuries, illness or death and agrees to hold the PHOTOGRAPHER harmless from the same.
ARBITRATION. All disputes arising under this contract shall first be submitted to mediation or binding arbitration and the arbitration award may be entered for judgment in any court having jurisdiction thereof. The parties agree that jurisdiction for any legal actions shall be Hennepin County, Minnesota. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1000.
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 Minnesota.