Ah, yes. There's always fine print! Here are some general contractual items we address before any shooting is done. Pretty simple stuff...
A $100.00 (non-refundable) deposit is due at the signing of this contract. This non-refundable deposit secures your booking.The remaining agreed upon balance is to be paid on the day of the photo shoot before any pictures are taken. Any additional work requested must be paid prior to additional work commencing and will be noted on receipt.
1. PHOTOGRAPHY SESSION ORDER:
This signed Contract constitutes an order for photography of _________ person(s) in the form of high resolution digital image files delivered to the Client either through Photographer’s website or portable storage (compact disk or similar). There are no oral or other agreements of the parties hereto and this Contract constitutes full and complete understanding and agreement between the Client and the Photographer.
2. OUTDOOR AND STUDIO SESSION:
The Photographer’s primary creative products are finished, high resolution digital images produced outdoors. If the Client desires, indoor photographs can also be produced by the Photographer at no additional charge to the Client. If the Client desires either the indoor or outdoor sessions alone, the session price remains the same. The Photographer’s leased studio space is located at 11138 Q Street, Omaha. Due to studio availability or other factors beyond the Photographer’s control, the time and date for the studio session may need to be scheduled on a date separate from the outdoor session and agreeable to the Client and the Photographer.
3. LIMIT OF LIABILITY:
Although care will be taken with the digital files, the Photographer limits any liability for loss, damage or failure to deliver photographs for any reason of Photographer’s non-performance caused by any force or similar circumstances, illness, accident or any cause beyond his control.
It is understood that no other photographer; amateur or professional, shall be allowed to photograph at the session due to the reason of the Photographer delivering the quality of images as expected.
5. OWNERSHIP OF DIGITAL FILES:
It is agreed that Photographer retains sole ownership of all images shot during the session. However, dual ownership of the delivered finished digital files will be maintained by the Client and Photographer. Upon delivery of the final digital files to Client’s physical control, the Client shall gain personal non-commercial rights to the images. It is also agreed that the Photographer will have full rights to use all images for display, advertising or self promotion purposes. The Photographer does NOT guarantee archival of the digital files past a period of six (6) months after the session/event date.
6. RESERVATION DEPOSIT & PAYMENT SCHEDULE:
Upon signature, the Photographer reserves the time and date agreed upon, and will not make other reservations for that time and date. For this reason, the deposit of $100.00 is non-refundable, even if the event date is changed or the photo shoot cancelled for any reason. The deposit is to be paid at time of parties signing this contract. The deposit is applied towards the total balance upon completion and submission of this Contract. Client understands and agrees that the entire amount owed for the photography package described in this Contract is due on or before the photoshoot day. (No pictures will be taken until paid.)
7. GUARANTEED DELIVERY:
Photographer judges all unfinished raw images taken during the session for lighting, clarity and composition and will select images that best represent his work. Photographer will then provide a minimum of twenty (20) finished high resolution images to Client on either Photographer’s commerce website or portable storage as outlined in Section 1.
8. FINISHED IMAGES:
For the purpose of this contract, finished images are high resolution digital JPEG images professionally retouched for color, contrast, composition and clarity, as well as any retouching necessary for skin tone or normal minor imperfections. These finished images as described are representative of the images currently contained within Photographer’s website.
9. INDEPENDENT CONTRACTOR:
This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
In the event the Client must cancel the contracted services for photography on this Contract, and balance is paid prior to the event/session the Photographer agrees to refund all money paid, excluding the deposit fee.
11. WEATHER/NATURAL DISASTERS:
If in the Photographer’s opinion, inclement weather, excessive heat or cold, or any other natural disaster or Act Of God will or is predicted to cause an unsafe environment for the Client, Photographer or Photographer’s equipment used during the session, the Photographer can reschedule the session to a date and time agreeable to both parties with no penalty or forfeiture of the deposit by Client.
12. DELIVERY OF IMAGES FOR HIGH SCHOOL YEARBOOK (for senior photos):
Since digital images are delivered to the Client upon completion, the Client shall be responsible for communicating with and delivering any image provided by the Photographer to the school’s entity for inclusion of the photo in the school’s yearbook.
This contract shall be governed by the laws of the State of Nebraska and any other applicable federal laws as well as the laws of any jurisdiction outside the state.
Don Shepard (USA b.1959) is an award winning photographer living and working in the Midwest.