This agreement is between Renee Sechrist (hereafter “Photographer” “the Photographer” or “Photography Company”) and Client listed above, (hereafter referred to as “CLIENT”).
1. Scope of Work: This contract is for services and products related to a photography session (hereafter “session” or “the session”) to take place at the following time and place. PHOTOGRAPHER and CLIENT are to arrive for the SESSION at time listed above at location listed above. PHOTOGRAPHER agrees to provide no fewer than number of photos listed under package description on Pricing page for CLIENT and is not required to provide more than this number of images. PHOTOGRAPHER will perform post-processing or digital image editing services on these photos where artistically necessary.
2. Fees: In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of Price listed for package chosen on pricing page. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 100% (One Hundred-percent) of the total price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT.
Scope of Work. If CLIENT is purchasing photos separately after the SESSION, payment for those photos is due immediately upon order of photos by client.
3. Work Product: PHOTOGRAPHER will deliver online gallery of photos to CLIENT no more than fifteen days (15 days) after the date of the SESSION. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. CLIENT is granted full printing rights of all photos.
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SESSION.
4.2 - 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; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SESSION.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER 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 90 (ninety) 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.
5. Duty of Client: CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SESSION. 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. Exclusive Photographer: CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. THIS INCLUDES CELL PHONE SHOTS DURING THE SESSION. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
7. 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 or other advertising. PHOTOGRAPHER may NOT sell photos containing CLIENT’S likeness to third parties.