If we haven't decided on a location yet, please share some ideas here
ex. the way they crinkle up their nose when they laugh, little obsessions, their eyes, etc
1. A Summary of the Contract:
The Photographer is responsible for providing the Client a photographic service as detailed in the session details. The Client undertakes to engage the Photographer for this coverage for the price as detailed in the session details.
2. The Coverage
Coverage will be provided by the Photographer as described in the session details.
3. Payment Arrangement
To assure the appearance of Photographer for said date and time, Clients agree to pay a retainer (hereafter Appearance Fee) of $75 (non-refundable) upon the signing of this Agreement and is applied toward the grand total. Payment of the balance is due 1 week prior to event date. Make payments to firstname.lastname@example.org via paypal. Clients agree to pay a service charge of $35 for returned check or payment. Clients agree that Photographer may withhold the final products & services from Clients until the entire balance of all fees are paid in full.
Upon receipt of the Appearance Fee, Photographer agrees to reserve the time and date agreed upon and will make no other commitments for date and time. Should the session be rescheduled or postponed, the Appearance Fee paid may be applied towards a new date based on Photographer's availability. If Photographer is not available on the rescheduled day, or if session is cancelled, the total retainer/Appearance Fee monies must be paid by Clients to Photographer as liquidated damages. Should the event be postponed as a result or wars, revolutions, acts of enemies, strikes, floods, fires, power failures, acts of God such as weather-related emergencies, serious illness or injury of either part, or any other cause not under the direct control of either party to this contract, neither party will be held to the terms of this agreement. When the event is rescheduled, client agrees to give Photographer first opportunity to provide photography services under the same terms and conditions. Should Photographer be unavailable for the rescheduled date, a full refund is due, less appearance fee ($75).
The Client will pay the Photographer the total fee specified in the invoice they receive from Erin Berry, Photographer. The total fee will include the amount specified in the session description as well as mileage and lodging as specified below (if needed).
For photography sessions beyond 20 miles of the city limits of Mount Joy, PA the Client is responsible to pay mileage for the excess amount (round trip). Mileage is to be calculated at the current federal rate of $0.565 per mile and will be clearly presented on Erin Berry, Photographer's Invoice to the Client.
The total fee presented on Erin Berry, Photographer's Invoice to the Client is payable 7 days before the time of the specified session.
The Photographer retains the entire copyright at all times throughout the world for the photographs taken during the specified session. Where a digital file of photographs has been provided to the Client as a part of their personal collection, these photographs may be printed and displayed at home and on-line, for personal but not commercial use.
The Photographer retains the right in all cases to use the photographs obtained under this agreement in any manner at any time in any part of the world for the purpose of advertising or otherwise and maintains ownership of the original digital file.
5. Image Size, Color, Style and Composition
All image sizes are approximate. The Photographer will provide a pleasing color balance but cannot guarantee an exact color match to the environment the photograph is taken in. It is sometimes not possible to record in print the exact color as seen by the human eye. There is no right to reject photographs on the basis of style or composition.
In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances, the Photographer reserves the right to reschedule or appoint another Photographer to attend on her behalf to undertake the photography service as outlined in this agreement. The Photographer shall notify the Client at the time of the unlikely event of any rescheduling or of the name and contact information of a Replacement Photographer.
If the Client is unable to attend the session as outlined due to unforeseen circumstances they are responsible to notify the Photographer and reschedule a session at least 24 hours in advance.
The Photographer agrees to indemnify and hold harmless the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third party copyright works, trade marks, designs, or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed upon before the day of the session. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.
8. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Portrait Agreement & Model Release:
I have read and agree to the following statement: I commission Erin Berry, Photographer, the photographer, to photograph myself and/or my underage children. I hereby grant Erin Berry, Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of myself, family, and/or child(ren), or in which myself, family, and/or children will be included for editorial, trade, advertising, and any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. I hereby release Erin Berry, Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.