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This agreement is between the Client, whose name and address is listed below, and LauraBelle Photography, here on out referred to as the Photographer.

PLEASE FILL THE FORM OUT BELOW TO AGREE TO THIS CONTRACT. NO PHOTOGRAPHY SESSION WILL TAKE PLACE UNTIL THIS CONTRACT IS SIGNED.

1. Retainer and Payment. The Client shall make a non-refundable retainer of $50.00 to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for you. Remainder of decided upon and designated session fee is due on the date and time of the session.

2. Cancellation. If Client requests to amend or cancel this agreement 3 or more calendar days before the session date, the retainer shall be applied to a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, this agreement 2 or less calendar days before the session date, the retainer shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain.

3.  Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 3 days prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.

4.  Cooperation Clause. Photographer requires the active and willing participation of each member of the photo shoot. Photographer is not liable for missed shots, delays, and or inability to deliver quality images if the client(s) do not cooperate with location, posing, or technical instructions given during the session. Client acknowledges that abusive behavior; verbal and/or physical will result in immediate termination of the session, and all fees paid to date will be forfeited for time lost. Photographer will make every effort to accommodate special requests, however client acknowledges that not every request, pose, location, or grouping may be possible and it is up to the professional expertise of the photographer to determine the success and possibility of the request at the time of the session based on many factors including but not limited to: time, lighting, wardrobe choice, safety, age of the participants, location, photography gear on hand, and skill and expertise of the photographer.

5. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be deleted. The Photographer will use her professional judgment and sole discretion to select which photos to deliver that is consistent with work displayed on the photographer’s website at your website address. Such selection shall constitute all images that will be made available to the clients. Because a photography session is an uncontrolled event, the photographer cannot guarantee delivery of any specifically requested image(s).

6.  Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 2-3 weeks of the session. If an online proofing gallery delivered, it shall remain open for 14 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $20 un-archival fee shall apply.

7.  Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio.  It is understood that any duplication or alteration of 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 permission of the Photographer.

NOTE FROM THE PHOTOGRAPHER: I work extremely hard to create images that reflect you and your family, while keeping my artistic vision in line. I know you will share them and that is why I proved a sneak-peek for that very reason. However, I ask that you simply LINK BACK to my website/blog/facebook page instead of right clicking and saving. I hope you will respect not only my hard work, but my time, money, and dedication that I have put into training & equipment to capture these images for you.

8.  Model Release. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait session. Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, All Persons included in portrait session, and/or in which Client may be included, for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.

9. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial and sale use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print license, the Client must act in accordance with that license.

10.  Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion unless provided with written permission of Photographer.

11.  Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, 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 technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

12. Photographer’s Standard Price List. The charges in this agreement are based on 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.

13.  Travel and Overage Fees. The Client shall pay $25.00 for travel 30 miles outside the zipcode of 67002; $50.00 for travel 60 miles outside the zipcode of 67002. If Travel is over 60 miles, the Photographer and Client will agree upon appropriate travel fees.

14.  Arbitration. Any controversy or claim arising out of or relating to this contract, 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.

15.  Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events, either on location, or on Photographer’s property. Client(s) will be responsible for themselves and their children and release Photographer from their person or their business.

16.  Miscellany. This Agreement incorporates the entire understanding of the 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. This Agreement shall be governed by the laws of the State of KS.

17.  Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, 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 awarded.

SIGNED:
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Thank you for signing!!!

I have received your agreement to the contract! 

See you at your session!

-Laura

 

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