Photography Services Agreement
This Agreement is made and entered into by and between the CLIENT and the PHOTOGRAPHER. By booking a session, the CLIENT agrees to the following terms and conditions:
1. Scope of Work:
PHOTOGRAPHER and CLIENT agree to meet at the scheduled time and location for the photoshoot. The time and location will be confirmed 5 days prior to the session. Refer to the invoice for details regarding session type, inclusions, and fees.
2. Retainer and Payment:
2.1 A non-refundable retainer is required to secure the session date and time. No refunds will be issued for cancellations or no-shows. If cancellation occurs at least 48 hours in advance, the retainer may be applied to a future session at the PHOTOGRAPHER's discretion.
2.2 Full payment is due before the session begins. If CLIENT pays cash and requests change, 24 hours' notice is required. No photos will be released until full payment has been received and cleared.
2.3 No refunds will be given after services are rendered. If PHOTOGRAPHER fails to deliver the gallery within the timeframe agreed upon, CLIENT may request a partial refund. No refunds will be issued for dissatisfaction with editing, personal appearance, or any subjective reason.
3. Work Product:
All photographs will be delivered digitally in high-resolution JPEG format through an online gallery. RAW files will not be provided. Requests for edits or changes must be made within 14 days of gallery delivery. PHOTOGRAPHER retains copyright and artistic discretion over all images.
CLIENT may not reproduce, sell, or use images commercially without PHOTOGRAPHER's written consent. If CLIENT earns income from image use, PHOTOGRAPHER may request up to 30% commission at their discretion.
4. Rescheduling & Late Arrivals:
4.1 In case of illness, emergencies, or acts of God, the retainer may be applied to a rescheduled session. 48 hours’ notice is required where possible.
4.2 Other rescheduling requests are at PHOTOGRAPHER’s discretion. A $50 rescheduling fee may apply. Rescheduled sessions must occur within 2 weeks unless otherwise agreed in writing.
4.3 CLIENT is responsible for arriving on time. Late arrivals will receive only the remaining session time. PHOTOGRAPHER will extend the session if they are late. If more than 10 minutes late, CLIENT will receive a discount.
5. Cancellation:
If CLIENT cancels with less than 24 hours’ notice or fails to show, all payments are forfeited. No credits or refunds will be issued.
6. Indemnification & Liability:
PHOTOGRAPHER is not liable for events beyond their control including weather, guest interference, or restrictions at venues. CLIENT releases PHOTOGRAPHER from liability for injuries or property damage during the session. PHOTOGRAPHER may terminate coverage for threatening or unsafe behavior without refund. If PHOTOGRAPHER cannot perform due to emergency, illness, or equipment failure, full refunds or substitutions will be offered at their discretion.
7. Timeline and Schedule:
CLIENT agrees to confirm session details 5 days in advance. PHOTOGRAPHER is not responsible for managing event timelines. Additional time beyond contracted hours will incur a $100/hour fee.
8. Permissions and Permits:
CLIENT is responsible for securing all permissions for the shoot location. CLIENT will be responsible for any fines or issues resulting from failure to obtain permissions.
9. Exclusivity and Copyright:
CLIENT agrees no other photographers may shoot setups or lighting created by PHOTOGRAPHER. PHOTOGRAPHER retains copyright and may use images for marketing and portfolio use. CLIENT grants permission to use images featuring children unless otherwise stated in writing.
10. Social Media and Personal Use License:
CLIENT may share watermarked or high-res images with credit to PHOTOGRAPHER. No editing, filtering, or alteration is permitted. CLIENT may print for personal use but may not sell or redistribute images.
11. Pricing & Additional Services:
Prices cover time, editing, travel, and equipment. Special props or services requested by CLIENT may incur additional fees. PHOTOGRAPHER is not liable for reactions or damages from personal products or services used.
12. Private Property:
If session is held on private property arranged by PHOTOGRAPHER, CLIENT will meet at a public location and follow PHOTOGRAPHER. CLIENT may not return to the location unaccompanied or after the session ends.
13. Governing Law:
This Agreement shall be governed by and construed under the laws of the State of Texas. Any disputes shall be resolved in a court of competent jurisdiction in Texas.