Photography Service and Client Release Contract
This agreement is between the Client, whose name and email address is listed below, and KENDRA B. PHOTOGRAPHY, LLC
1. Rate of service and Service Details. The Client understands the photography package includes the following at a rate of $150:
• 90 minute session
• up to 3 outfit changes
• 9 edited images from the session to be delivered by Electronic Download. Additional images may be purchased. Additional images purchased are subject to the Photographer’s standard price list.
• $35 for additional edited images
2. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.
3. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client.
4. Photographs/Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.
5. Review. The client promises to review the work product, to be reasonably available to the photographer if the photographer has questions regarding this project, and provide timely feedback and decisions.
6. Modifications. The client and the photographer must agree to any changes to this contract in writing.
7. No Refunds. Due to the nature of these services offered, we are unable to provide refunds. If you are unsatisfied with the result of the session we can do reshoots at the earliest convenience.The Customer will be assumed to have accepted the Goods unconditionally unless a claim that the Good(s) are unsatisfactory is made within 14 DAYS from the date of SHOOT.
8. Digital Files. Approximately 2 weeks after the session date, digital files will be available for viewing and downloading from an online, password-protected gallery. The client agrees and understands that the Photographer, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client.
9. Archive and Storage. The Photographer archives all proofed images from each session for a period of 12 months from the date of the session. After that time, the Photographer deletes all proofed images from their hard drive and all external hard drives. The Photographer is not responsible for digital files once they are downloaded by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.
10. Copyright. Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client is receiving a Limited Commercial Use License as set forth below. Photographer retains all rights to the images, including but not limited to, the right to copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website, portfolio, blog, and social media platforms, including, but not limited to, Facebook, Instagram, Twitter, Pinterest, and Google +. Copyright protection is governed by federal and any and all violators will be punished to the fullest extent permitted by law.
11. Client Usage. Limited Commercial Use License. The client is purchasing from Photographer high-resolution un-watermarked digital files and Photographer is issuing to Client an exclusive and perpetual limited license for Client’s limited commercial use of the digital files in the normal course of Client’s business, including, but not limited to, advertising, marketing, or other promotions, or on Client’s website, blog, or social media platforms. The client understands that the digital files are meant for print and online marketing and advertising materials or campaigns. The digital files may not be altered, edited, or manipulated in any way, except that Client may add their business name, logo, website, or other advertising or marketing campaign text to the digital files so long as it does not affect the elements of the image as styled by Photographer. The digital files may not be sold, leased, loaned, assigned, given away, or used by anyone other than the Client.
12. Cancellation. In the event that an assignment is cancelled that requires the presence of the Client, the Photographer will provide notice to the Model as soon as practicable.
13. 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 photographic event.
14. Indemnification. The Photographer shall be held harmless for any and all injury to Client during the course of the photographic event and the immediately surrounding events.
15. 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 Maryland.
16. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
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.
GENERAL MODEL RELEASE
I authorize the Photographer to use and to create images for promotional material, online usage, and other areas of marketability. I further authorize the distribution of photographs to potential Clients of the Photographer for portfolio purposes. I agree and understand that the photos will be taken digitally.
I further acknowledge that I will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.
I acknowledge and agree that Photographer shall have the exclusive, perpetual and irrevocable right to take, use, re-use, publish and republish photographic materials, which contain my image.
I hereby acknowledge and agree that photographer may modify, change, or alter such images without restriction.
I hereby acknowledge and agree that the photographs created by the photographer shall become and remain the exclusive property of Photographer, and that I retain no rights to said photographs unless specified particularly in this agreement.
I also hereby waive all rights and claims and release the photographer from any claim or cause of action, whether now known or unknown use of the photos. I hereby covenant and agree that I shall not bring any action or proceeding or maintain a complaint against the photographer in any court of law, state or local, or before any administrative body, related in any way whatsoever, to the use of the photographs.