Photo Session Agreement

 

Please read and complete this Photo Session Agreement in order to book your session.


This agreement is between Blue Blood Photography, hereafter referred to as the “Photographer/s”, and the signers of this photo session agreement, hereafter referred to as the “Clients”, collectively referred to as the “Parties”, with the photo session detailed below.


BOOKING: The 50% retainer is to be paid, in full, and a signed copy of this agreement is required to reserve a shooting date.


CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer/s is foregoing other photographic sessions. In the event of a cancellation or postponement of the photo shoot, Client must give Photographer/s two weeks’ notice in order to be refunded their retainer. Failure to give Photographer/s two weeks’ notice of postponement or cancellations will result in Photographer/s withholding retainer.


POST-SESSION: Client will receive access to a private online gallery for 10 days on Photographers website, containing the session proofs. Client will select their images and use the online form to submit their selection for editing. Client agrees to not download/copy/screen grab and/or distribute the session proofs contained in their client gallery. *Please note this only applies to photo prints, not photo selection – which will be done by Photographer/s.


RETOUCHING, EDITS AND DIGITAL FILES: Standard portrait retouching includes: blemish removal (temporary blemishes only), eye brightening and enhancing, teeth whitening (if Photographer/s see fit), and general overall enhancement to photos.


ORIGINAL FILES: All image files captured by Photographer/s are in RAW format to ensure high image quality. As these files are large in size and require specialized software to view and edit, the Client will under no circumstances receive
these files. Original, untouched will not be shared, nor distributed in digital or printed format, nor edited either by Client or a third-party.


DELIVERY OF IMAGES: Client understands that they shall receive their retouched, digital images on a custom USB memory card. This is non-negotiable – no photo session images will be delivered to Clients on CD, DVD or any other format, unless photo session was requested by Photographer/s and Client did not pay for time spent and/or images received.

WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer/s and Client will reschedule on an agreed upon date, as soon as possible, with no additional charge.

CO-OPERATION/FAILURE TO HONOR SESSION TIME AND/OR DATE: Photographer/s will not be held responsible if Client and/or key individuals fail to appear, or co-operate, during portrait sessions, or for missed images due to details not revealed to Photographer/s well before commencement of session. The session can be rescheduled at the original portrait session fee, non-negotiable.

RE-SHOOTS: In the unlikely event that Client is completely unsatisfied with the final results, based solely on personal preference, Photographer/s will re-shoot at a 50% discount from the original shooting fee. *Please note that this clause only applies to sessions which were pre-determined and planned in conjunction with Photographer/s, and also only if images do not adhere to direct requests from Client/s, which will be documented and reviewed by both parties. 50% discount is solely by discretion of Photographer/s and not compulsory. In the unlikely event that the finished product/s from a portrait session is unusable due to technical problems (camera failure, etc.), Photographer/s will re-shoot at no additional charge. Re-shoot will not be exchanged for refund.

COPYRIGHT: Client agrees and understand that all images captured are copyrighted to- and remain the property of Photographer/s. No copies of images may be sold for profit in either printed or digital format by either Client or Photographer without a prior agreement and release to do so by either and/or both Parties. Client will be granted a print and-release-document permitting Client to print copies of all their allocated images for personal use, and distribute these images on social platforms.

CLIENT'S USAGE: Client is obtaining digital and/or print images for personal use only, and shall not sell said images. A separate release-agreement will be entered into by both Parties in case of business and promotional use of images, which will be allocated a separate fee by Photographer/s, to be determined by use of these images. Client agrees not to edit nor alter their digital images or permit a third-party to do so, in any form, including, but not limited to, cropping, overlaying, Instagram-filtering and/or removal of Photographer/s logo.

CLIENT RELEASE: Client grants to Photographer/s and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish images of Client, Client's child/ren, or any images in which the Client/s may be included, for editorial, trade, advertising and other purposes, (except pornographic, defamatory, libelous or otherwise unlawful), and in any other manner and medium; to alter and copyright the same, without any restriction. Client hereby releases Photographer/s and her legal representatives and assigns from all claims and liability relating to said images.

EXHIBITION: Client grants Photographer/s permission to display selected images resulting from this assignment as an example of Photographer/s work, and for entrance into photographic competitions. Client releases all claims to profits that may or may not arise from use of these images.

INJURY/ILLNESS: Client shall not hold Photographer/s responsible for any injury, harm and/or illness that may come to Client/s during a portrait session and understand that Photographer/s will not be liable for any Medical or other expenses in this regard.

LIMIT OF LIABILITY: Photographer takes the utmost care with respect to the making, retouching and/or enhancing, as well as the transportation of digital images. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within and/or beyond Photographer/s control, Photographer/s liability is limited to the re-shoot, at a scheduled time, at no extra cost. The limit of liability for partial loss or damage of originals shall be calculated according to Photographer/s standards, and if so seen fit, Photographer/s will grant Client a 30 minute session, at no extra cost, to complete images.
In the unlikely event that Photographer/s is injured or becomes too ill to attend the portrait session, Photographer/s will make every effort to reschedule at the earliest session available. If this situation should arise, responsibility and liability is limited to the return of all payments received, at discretion of Photographer/s. If rescheduling is impossible for Photographer/s, a full refund will be given to Client.

PRINT LIFE: Client is aware that colour dyes and inks in prints may fade or discolour over time, due to the inherent qualities of materials used, and Client releases Photographer from any liability of claims whatsoever, based upon the fading or discoloration due to the inherent qualities or otherwise.

CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer/s service on the portrait date, provided Photographer/s is available during the time requested. Added expenses resulting from such change, including additional service costs, digital capture costs, travel costs, location costs, and any other fees will be added to the account of Client, and will be paid, in full, by Client, prior to delivery of the completed portrait package. No images will be delivered, in print or digital (or any other format), until final payment has been received and logged on bank statements.

ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer/s and Client. It supersedes all prior agreements between the Parties and is not transferable to future sessions. The only way to add to, or change this agreement, is to do so in writing, discussed and signed by all the Parties. If the Parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. Waiving of clauses will be done at Photographer/s discretion.

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