Boutique Session Agreement
A. The Client is of the opinion that the Photographer has the necessary qualifications, experience and abilities to provide services to the Client.
B. The Photographer is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Photographer (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
1. The Client hereby agrees to engage the Photographer to provide the Client with the following services (the "Services"): Photography session for One hour of service, up to one and a half hours, with 25 digital images provided on USB and online print gallery for printing and personal use only.
2. The Services will also include any other tasks which the Parties may agree on. The Photographer hereby agrees to provide such Services to the Client.
Term of Agreement.
3. The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until a cancellation of contract is agreed upon, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended with the written consent of the Parties.
4. In the event that either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
5. The photographer will retain all rights to these digital images as described in the Model release agreement.
6. Photographer is not held liable for unforeseen weather conditions or natural disasters. In this instance the rescheduling of session is at the Photographer’s discretion. In cases of illness or emergency retainer will either be refunded or rescheduled at the Photographer’s discretion.
7. Client Agrees that either the full contracted amount of $175.00 will be paid prior to the beginning of the first session.
8. Client agrees that if the environment is deemed hostile or uncooperative that the Photographer may end the session at any point and time.
9. The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
10. Editing and Retouching. Any retouching beyond the basic retouching (small facial scars, blemishes, eye circles) will be considered extensive retouching and require an additional 2-4 weeks post session for completion. Extensive retouching includes: severe jaundice, color correction, head-swaps, removal of acne, scarring, Mongolian spots, extra appendages, and growths.
11. As an artist, I reserve the right to artistically interpret what I see and in what ways I choose to photograph a scene. This means the photographer will complete her typical workflow before attempting any special requests from the client. The completions of all special requests are left to the discretion of the photographer.
12. There is no guarantee of requested poses and set-ups presented from a session. Many factors contribute to this, including the cooperativeness of the subject(s) and compliance of the "preparation guide" provided by the photographer. Images presented to the client are the only images available.
13. Safety is the top priority during the session. Any indication the Child or Client’s safety is at risk will result in immediate termination of the setup.
14. Medical. Please disclose if the child, sibling(s) or parents have any medical conditions that would affect the workflow of the session.
15. Photographic Materials. All photographic materials, including but not limited to digital files, proofs, and prints, shall be the exclusive property of the Photographer
16. Copyright and Reproduction. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions. The Photographer shall only make reproductions for the Client or the Photographer's portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer's studio.
17. Client's Usage. The Client is obtaining prints and or digital files for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. Client's cannot crop, edit, or change images in any way.
18. Failure to Perform. If the Photographer cannot perform this Agreement due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer's illness, then the Photographer shall return the retainer to the Client but shall have no further liability with the respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost by mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount excess of the retail value of the Client's order.
19. Photographer's Standard Price List. The charges in this Agreement are based on the current session fee. The session fee is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session is booked.
20. Sales are Final. Due to the artistic nature of custom portrait photography, all sales are final*
21. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
22. The Photographer will charge the Client a flat fee of $250.00 for the Services (the "Compensation") for the above stated Regular Boutique Session, limited to up to five total subjects, if more than 5 subjects are requested, the photographer will charge an additional ten dollars ($10.00) per additional subject. Sessions are limited to the requested session type, (i.e...senior, boudoir, family, child, event) and may not be combined unless previously approved by the Photographer and at the Photographer’s discretion. The Photographer will charge an additional fifty dollars ($50.00) per thirty-minute time provided, if sessions last longer than the above stated time span. Late payments or returned/cancelled check will incur a $35 fee.
23. A retainer of $50.00 (the "Retainer") will be payable by the Client. Retainer is nonrefundable, however, the photographer will work with you as best as possible to reschedule your session if needed.
Payments will be received prior to the session starting. If additional session time is needed the Client will agree to pay the photographer before the session ends.
24. Invoices submitted by the Photographer to the Client are due within 48hrs of receipt.
25. In providing the Services under this Agreement it is expressly agreed that the Photographer is acting as an independent Photographer and not as an employee. The Photographer and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Photographer during the Term. The Photographer is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Photographer under this Agreement.
27. Client agrees to indemnify and hold harmless the Photographer, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Modification of Agreement Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Time of the Essence
28. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
29. The Photographer will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client.
30. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
31. This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
32. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
33. Gender Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
34. Severability In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
35. Waiver The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
By Signing whether digitally or written form you agree to this contract
Retainer Payment Method
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