Photographer + Designer

Terms

 

TERMS AND CONDITIONS

CLIENT is wholly responsible for their transportation to and from the shoot.


If CLIENT arrives late to the session, the amount of time will be deducted from the time allotted for the session. CLIENT agrees to pay any time spent photographing over the discussed period at $50 per hour (billed separately).

No photography/proofs will be released to the client and no rights are granted until timely payment is made in full.


DEPOSITS AND RESERVED TIME
CLIENT agrees to pay session total for photography services. CLIENT agrees to pay the photographer a fifty percent non-refundable deposit of the total price of the photography services  to reserve session. The balance of the payment for photography services must be paid in full before or on shoot day.


Prints and USBs are not provided in collections unless expressly stated in writing by
PHOTOGRAPHER.


OVERALL APPEARANCE AND PERSONAL ITEMS
CLIENT is wholly responsible for their appearance and ensuring that overall look is as desired for the shoot. The PHOTOGRAPHER is solely responsible for directing and photography of the CLIENT. PHOTOGRAPHER is not responsible for missing, damage or altered material belonging to CLIENT.


CLIENT’S COOPERATION
Deliverable items and shots are contingent upon the CLIENT performing actions and cooperating with the PHOTOGRAPHER. The PHOTOGRAPHER is not liable if the CLIENT’S neglect leads to a compromise of what has been agreed upon. (I.e. agreeing to take photos of a person, but person does not make themselves available for the time). The PHOTOGRAPHER shall not be responsible for photographs not taken as a result of the CLIENT’S failure to provide reasonable assistance or cooperation.


CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 120 (one-hundred and twenty) days after the photos have been delivered to CLIENT. CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.


WEATHER AND SESSION CHANGES/LOCATIONS
The CLIENT is eligible to switch the day of the shoot due to inclement weather, so long as no other sessions are scheduled that day and it works for the PHOTOGRAPHER. All photo sessions come with ONE location (unless stated in package). Add-on locations are additional cost.



PROOFING
PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than fourteen days (14) after the date of the shoot. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not save or post them online.

PHOTOGRAPHER agrees to provide no fewer than 50 photos for CLIENT to view after the shoot, and is not required to provide more than this number of images. Images will be viewed via a private online gallery for 7 days.

After photos have been selected, PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. Additional photos will cost $5 per image.


RETOUCHING TIME AND PROCESS
Basic retouching includes clearing skin, getting rid of fly-aways and single strands of hair in the face and apparent blemishes. Basic retouching does not include drastically changing body shapes, modifying clothing, adding or removing things from the image.

Photography Contract 2/3
The retouching process begins once proofs are selected by the CLIENT. Any approved retouched photos may not be considered for re-editing. All changes are final once approved and any extra retouching desired by the client is subject to separate charges per revision.
Revision Rate: $50 per hour


INDEMNIFICATION
CLIENT hereby agrees to protect, defend, indemnify, and hold harmless PHOTOGRAPHER from and against any and all claims, losses, liabilities, settlements, expenses, and damages, including legal fees and costs (all referred to collectively as “Claims”), which PHOTOGRAPHER may suer or to which (he/she/it) may be subjected for any reason, even if attributable to negligence on the part of PHOTOGRAPHER or any other entity, arising out of or related to any act, omission, or occurrence in connection with the creation, production, or use of any image or the performance of any service relating to this Agreement or its subject matter. This provision shall apply to Claims of every sort and nature, whether based on tort, strict liability, personal injury, property damage,
contract, defamation, privacy rights, publicity rights, copyrights, or otherwise. CLIENT assumes all risks, and (his/her/its) obligations under this provision shall survive the performance, termination, or cancellation of this Agreement.


ARBITRATION
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in The Commonwealth of the Bahamas or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.


MODEL RELEASE
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sub-licensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, and advertising. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising.


THIS IS A BINDING DOCUMENT
By signing, the parties agree that they fully understand and will be bound only by the terms above. Any other terms must be agreed to in writing. Otherwise, the above terms will be considered the consolidated, exclusive terms between the parties.