Portrait Photography Contract
Contract: This contract takes place between Sherry Dornblaser Photography and the party who signs this contract. Sherry Dornblaser Photography will be referred to as PHOTOGRAPHER, and the client will be referred to as CLIENT.
1. Scope Of Work: This contract is for services and products related to a photography session to take place at the agreed upon time and place. PHOTOGRAPHER and CLIENT are to arrive for the photo session at the time and location discussed, to be confirmed via email or text message. PHOTOGRAPHER agrees to provide no fewer than 15 digital images for CLIENT to view after the session, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos.
2. Booking and Fees: PHOTOGRAPHER must receive a signed contract along with a session retainer (50% of the total session fee). Mini Sessions are required to be paid in full. Only after having received the signed contract and retainer, the PHOTOGRAPHER will reserve the time and date agreed upon by both parties. It is understood by the CLIENT, that the PHOTOGRAPHER cannot hold a date or time without the signed contract and retainer. The remaining balance for the session is due to the PHOTOGRAPHER on the day services are rendered in the form of cash, check or credit card. For any credit card transactions, there is a 2.9% processing fee. All sessions that are over 25 miles from Manassas Park, VA (zip 20111) will accrue a charge of $0.55 per mile. Family portrait sessions have a limit of 5 people. A charge of $15 is required per additional person.
3. Rescheduling and Cancellation: If CLIENT requests to reschedule the photo session, the retainer shall be applied to a rescheduled photo session if notice is given at least 14 calendar days prior to the originally scheduled session. The rescheduled session must be within six months from the time the retainer was paid. If CLIENT cancels session or fails to show, the retainer shall be forfeited by the CLIENT. In the event of an emergency or inclement weather, the session can be rescheduled, but must be done so within six months from the time the retainer was paid.
4. Late Arrivals: Any CLIENT that is late arriving to the event will have the amount of time late deducted from the time allotted for the session.
5. Artistic Rights: PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the client. The CLIENT shall receive an online gallery of photographs to select from and shall not receive any photographic materials not presented to the CLIENT.
6. Cooperation: CLIENT will assist and cooperate with the PHOTOGRAPHER in obtaining the delivered images, including but not limited to specifying person(s) and/or scenes to be photographed; taking time to pose and following direction from the PHOTOGRAPHER. PHOTOGRAPHER is not responsible for photographs not taken as a result of the CLIENT'S failure to provide reasonable assistance or cooperation.
7. Delivery and Completion Schedule. PHOTOGRAPHER will make digital images available through an online gallery within 2 weeks of the photographic event. The gallery will be available for viewing for 30 days from delivery. If CLIENT requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee will apply.
For product purchases, the PHOTOGRAPHER will give CLIENT an estimated delivery date. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement. Before holidays, the time may also take longer than expected.
- Normally, prints ordered shall take up to two weeks from time of print order to be processed and delivered to CLIENT.
- Normally, canvas and gallery blocks shall take up to four weeks from date of final design approval by CLIENT to be received by PHOTOGRAPHER.
- Normally, albums shall take up to six weeks from date of final design approval by CLIENT to be received by the PHOTOGRAPHER.
CLIENT should place orders with sufficient time to allow for normal delays and notify PHOTOGRAPHER at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee can be applied to expedited product requests. The PHOTOGRAPHER shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
8. Copyright and Reproductions: PHOTOGRAPHER owns the copyrights to all images created. It is understood that any alteration to the original images is strictly prohibited (Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written consent of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. The PHOTOGRAPHER Does Not provide the Client permission to resize photographs for Internet-based usage.
9. Client Usage: CLIENT shall only use the digital files and product purchases, in accordance with the permissions set forth in this agreement. All digital files and product purchases are for personal use only and shall not be submitted to contests or reproduced for commercial use. If CLIENT wishes to submit photos to a publication, permission must be granted first by PHOTOGRAPHER. Further, the CLIENT shall not authorize reproductions by non-purchasers covered within this agreement.
10. Social Media: CLIENT may share web/blog post links and social media albums through use of the share functions. CLIENT shall not copy, download, screen shot, or capture the photographs in any other fashion. The CLIENT shall provide Photo Credit of ALL photographs uploaded to social media websites and profiles by writing "Photo Credit: Sherry Dornblaser Photography www.sherrydornblaser.com"
11. Failure to Perform. If the PHOTOGRAPHER is unable to abide by this agreement due to illness, emergency, casualty, fire, act of God or causes beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER and CLIENT shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, PHOTOGRAPHER shall return the retainer to the CLIENT and shall have no further liability. Further, if the PHOTOGRAPHER is unable to deliver photographic materials due to technical malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the PHOTOGRAPHER, liability shall be limited to returning any retainer paid.
12. Arbitration. Any controversy or claim arising out of or relating to this agreement or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the PHOTOGRAPHER'S office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event, shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
13. Indemnification. CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER during the photography session and the immediate surrounding events.
14. Miscellany. This agreement incorporates the entire understanding of both parties. Any modifications of this agreement 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 agreement. The laws of the State of Virginia shall govern this agreement.
15. Attorney's Fees. If either party to this agreement brings a legal action against the other party to this agreement to secure the specific performance of this agreement, the prevailing party shall recover reasonable attorney's fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be rewarded.
16. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this agreement. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
Legal Statement: By signing below, You are agreeing that you have reviewed our galleries and are familiar with our style of photography. You are stating that you understand and agree to respect and follow all of the contract terms, conditions, and policies. This contract shall be governed by the laws of Prince William County in the state of Virginia and any applicable Federal laws. PLEASE SIGN BELOW.