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This Agreement is made effective for all purposes in all respects as of the date signed (listed below) by and between Megan Lacy, hereinafter referred to as “the COMPANY” and the client, named below, hereinafter referred to as “the CLIENT” relating to the event detailed below, hereinafter referred to as “the EVENT(S)”.
Details such as location, time and date will be determined together between the Photographer and the Client named below.
DISCLOSURES & INFORMATION TO NOTE
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
PORTRAIT RESERVATION FEE: Due upon booking with signing of contract. The COMPANY does not guarantee the holding of any date without a deposit and signed contract. In the event of CLIENT cancellation, the deposit paid is non-refundable. It shall be liquidated damages to the COMPANY in the event of a breach of contract by the CLIENT. CLIENT agrees their deposit is Non-Refundable except in the event of the photographer’s illness, a family emergency, or other circumstances outside of her control, or bad weather. If a reschedule is necessary, this deposit will be transferred to the new session.
IMAGE VIEWING: At conclusion of portrait session the photographer will retain the negatives for processing. The CLIENT agrees to attend a meeting to view the images at which point, the CLIENT may order products if desired. If the CLIENT chooses to make a purchase, payment will be rendered for the purchase at this meeting. No product will be ordered before payment is received. If CLIENT chooses to share, print from, or in any other way obtain photographs before they are released or before the COMPANY receives payment, the CLIENT agrees to forfeit the right to their limited personal copyright or any other form (including, but not limited to enlargements, digital files, or galleries) of their photographs according to this contract agreement.
DESIRED IMAGES: The COMPANY will consult with the CLIENT to gather any specific image requests, information or comments about the portrait session. Should the CLIENT arrive late to the portrait session or weather conditions on the date of the session prevents desired images from being captured (for example, a silhouette at sunset is requested and the day is cloudy), the photographer shall not be held liable for failure to take desired photographs. If the CLIENT does not request specific images, the COMPANY will proceed to create artwork as they choose.
COOPERATION: The parties agree to communicate and cooperate for the best possible result within the definition of this assignment. The COMPANY is not responsible if key individuals fail to cooperate during photography sessions for any reason or for missed images due to details not revealed to the COMPANY in writing prior to the photography session.
SHOOTING TIME/ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and the COMPANY agree that cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time. CLIENT agrees that the COMPANY is not responsible if CLIENT fails to cooperate or be punctual and on time to a photography session and may result in a failure to take the desired photographs.
HOUSE RULES: The photographer is limited by the guidelines of officials or site management at the CLIENT'S desired photography location. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is CLIENT'S responsibility.
FILM & COPYRIGHTS: The photographs produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in ANY manner without the COMPANY’s explicit written permission. If the CLIENT purchases digital image files they are for personal use only and for the purposes of the reproduction and giving of photographs to friends and relatives. The CLIENT may use the digital images to share on social networking websites of their choice. The images will be given to the client in a digital format only if purchased. Should the CLIENT edit or change the digital files in any way and share on the internet their altered results; the CLIENT will be in breach of this contractual agreement. The CLIENT must also obtain written permission from and compensate the COMPANY prior to the use of such photos in contests or other activities that create a profit for the CLIENT. The CLIENT agrees that the images from the COMPANY cannot be sold for profit. The CLIENT will be held responsible to the full extent of the law if the CLIENT or their friends and relatives sell the images of the COMPANY for profit or violate Federal Copyright Law through the misuse of the images.
EXHIBITION: CLIENT grants the COMPANY permission to display any images resulting from this assignment as an example of the COMPANY’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images. Any request from the CLIENT for specific images to not be used for exhibition must be a written request and signed by both the CLIENT and the COMPANY. A request must also be made in writing if the CLIENT wishes to not be used in sample photos posted by the COMPANY on social media sites.
LIMIT OF LIABILITY: In the unlikely event that the COMPANY is injured or becomes too ill prior to the event to photograph, the COMPANY will make every effort to reschedule in a timely manner. The COMPANY will not be liable in a failure to produce photographs for portrait sessions due to technology failure or illness. The COMPANY takes the utmost care with respect to exposure, transportation, and processing the photographs. However, if the situation should occur that the photographer cannot attend and a reschedule cannot be agreed upon, or in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond the COMPANY’s control, the COMPANY’s liability is limited to rescheduling the photo session, and if it cannot be rescheduled due to time constraints for the CLIENT, the return of all payments except the non refundable session fee.
RIGHT TO REFUSE SERVICE: The COMPANY reserves the right to withhold or cancel services provided to the CLIENT at any time or for any reason; including, but not limited to: illegal substance abuse during a client meeting or portrait session, inappropriate behavior, speech, or dress. The COMPANY has a No Tolerance policy for illegal drugs being used or in possession of their clients at any time during their work together as decided by this contract. If the COMPANY chooses to refuse service based on any one of these reasons the security deposit and any other payments shall be considered liquidated damages and will not be refundable.
COMPLETION SCHEDULE: Prints or any other products are subject to the schedule of the COMPANY’s professional labs which can vary depending on time of year. The COMPANY will do their best to complete and deliver product orders as quickly as possible as well as notify the CLIENT of possible delays in a timely manner.
PAYMENTS: CLIENT agrees to timely payment. If full payment has not been made on the date specified, the CLIENT'S session date will not be reserved. CLIENT agrees to forfeit their session fee should they not pay any money owed to the COMPANY for prints or other products ordered. CLIENT agrees that the COMPANY can use the photographs for promotional purposes according to the following sections of the contract agreement: Model Release, Film and Copyrights, and Exhibition in the event of non-payment. All payments before and after the photo session, including those made on the CLIENT'S behalf by another party, are final and non refundable.
Revised 02/28/2019 by Megan Lacy