Portrait Session Agreement

    Contact Information

    Session Details

    Agreement 

    This document is a contractual agreement made between: Sara Elizabeth Photography (referred to hereafter as “Photographer”) and Client.

    RETAINER/PAYMENTS:  The Client shall make a non-refundable 50% retainer for the Photographer to perform the photographic services. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid and is remitted in consideration of the experience, reputation, and skills of the Photographers, and in consideration of the inability of the Photographer to reschedule other clients during this time. Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the amounts paid are non-refundable. Deposits are transferable if a date change is necessary. 24 hours notice of postponements or cancellations is appreciated.

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

    COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions. If the photo session must be rescheduled due to clients cooperation where the photographer has traveled to reach the destination, additional travel fees will apply. 

    RESCHEDULING: If an illness or situation prevents a photo session from taking place, Client must reschedule their session at least 24 hours prior to the shoot. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
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    LOCATION COST & FEES: Any costs/fees associated with the location the Client has chosen for the session the Client will be responsible for those fees. The Photographer will not guarantee or arrange payment on any location.

    TRAVEL: Travel up to 50 miles outside of Sedgwick, Maine is included in the session fee. If the location is farther than 50 miles, the Client shall pay $ .60 per mile starting at the 50 mile mark.

    CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. 

    PHOTOGRAPHIC MATERIALS: All photographic materials, including but not limited to negatives, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Agreement. The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 4 weeks of the session. 

    ARTISTIC RIGHTS: The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of 20+ photographs and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $5 per file.

    COPYRIGHT & REPRODUCTIONS: The Photographer shall retain copyright ownership of all works created in the course of this agreement, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, or modifications of any kind. The Photographer DOES provide the Client permission to resize photographs for Internet-based usage.

    PRINT RELEASE: The client has permission to reproduce, display, distribute, and or use the copyrighted photographic material for personal use only. You may not distribute, duplicate, and/or use the copyrighted material for advertising and/or commercial use. You may not edit, modify or create derivative works of the copyrighted material. Please note that this form only grants permission to print. Copyright ownership remains with the photographer.

    CLIENT USAGE: The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express written permission of the Photographer. Additional prints and/or digital files may be purchased between third- parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

    SAFE WORKING ENVIRONMENT: The Client agrees to undertake the best efforts to ensure that guests and attendees at the session treat the Photographer with respect and dignity and that the Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photography session in the event guests and/or attendees commit any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client shall not be entitled to any refund.

    COOPERATION OF CLIENT: The Client will cooperate with the Photographer and defer to the Photographer’s professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion. The Photographer retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with the Photographer’s artistic discretion. The Client will utilize best efforts to ensure that all attendees cooperate with the Photographer.

    FAILURE TO PERFORM: If the Photographer is unable to perform this Contract due to illness, emergency, casualty, act of God, or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic session. If a reschedule is unable to be agreed upon, the 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 the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited to cost of the contract. In no event shall Photographer be liable for any amount exceeding the cost of the contract.

    ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, 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.

    • By writing by name in the section below, I am digitally signing this form and agreeing to all the terms.
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