PORTRAIT PHOTOGRAPHY CONTRACT

1. Engagement and Responsibilities
a. Client hereby engages Photographer as an independent contractor to take certain digital photographs (“The Photography Session”) as may be mutually agreed upon by Client and Photographer in accordance with the terms of this Contract and Photographer hereby accepts such engagement.
b. While Photographer will make every reasonable good faith effort to take the photographs specifically requested by Client, Client understands, agrees and accepts that the taking of the photographs contemplated by this Contract is an uncontrolled event and that due to certain vagaries, including, but not limited to, the weather, available light, time restrictions and the willingness of the subjects, Photographer cannot guarantee that all of the requested photographs will be taken.
c. Photographer will take the utmost care with respect to exposure, transportation, editing and processing of the photographs. However, in the unlikely event that any of the photographs taken during the Photography Session have been lost, stolen, damaged or destroyed for any reason beyond the control of Photographer, Photographer’s LIABILITY IS LIMITED TO THE RETURN OF ALL PAYMENTS ACTUALLY MADE BY CLIENT AND ACTUALLY RECEIVED BY PHOTOGRAPHER FOR THE PHOTOGRAPHY SESSION CONTEMPLATED BY THIS AGREEMENT.
d. If Photographer is unable to perform the services contemplated by this Agreement for any reason, including, but not limited to, fire, transportation problems, acts of God, accidents, illness, or technical problems, all payments actually made by Client and actually received by Photographer for the Photography Session contemplated by this Agreement will be returned to Client less any reasonable expenses incurred by Photographer; provided, however, if Client and Photographer mutually agree to reschedule the Photography Session no amounts shall be refunded and such amounts shall be counted towards the Session Retainer (as defined below) for the rescheduled Photography Session.
e. The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.

2. Retainer and Payment.
a. The Client shall make a non-refundable retainer in the amount of $50 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties.
b. Remaining session balance is due 5 days prior to session date. The client agrees that this balance is earned by the photographer once the session is complete and thereby non-refundable in consideration of the photographer’s time and talent.

3. Cancellation/Rescheduling/Late Arrivals.
a. If the Client requests to amend or cancel the agreed upon session date within this contract 5 or less calendar days before the agreed upon photographic event date, the retainer shall not be refunded, however may be applied to a mutually agreed upon reschedule date. If the Client fails to show, or cancels 5 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
b. Rescheduling as a result of weather is solely the decision of the Photographer and such decision can be made up to 48 hours prior to event.
c. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
4. Reshoots
a. Re-shoots are to be determined at the sole discretion of Photographer. Reshoots will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of Photographer. Re-shoots will not be given for Client’s dissatisfaction with the final photographs unless otherwise decided by Photographer.

5. Photographic Materials.
a. Proofing of the digital images taken during the Photography Session will be available for viewing within three (3) to five (5) weeks of the session date.
b. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. No products, including digital files, will be released until the agreed upon session amount is paid in full.




6. Artistic Rights.
a. The Client shall receive a gallery of up to 20 digital images to select from and shall not receive any photographic materials not presented to the Client.
b. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Photographer also retains the right to make adjustments/edits to the photographs in post-processing as the Photographer deems within their creative control.
c. Any request to the photographer’s original edit is solely up to the Photographer’s decision to accept and will require a $25 re-edit fee, per image.

7. Client Usage.
a. 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.
b. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client.
c. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

8. Copyright and Reproductions.
a. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats.
b. Client understands and agrees that it is illegal to copy, scan, download, print, share, or alter any image created by Ever Bloom Photography without Photographer’s express written permission. Photographer hereby retains all creative rights during the Photography Session, including, but not limited to, what pictures to take, what pictures to keep, how to edit each picture and whether to share each picture. Client hereby authorizes Photographer, in Photographer’s sole discretion, to edit, share, delete and take the photographs as Photographer desires.

9. Social Media.
a. The Client may share images online, however, when possible the Client shall identify “PC: Ever Bloom Photography 2019” in the caption of all photographs uploaded to social media websites and profiles.
b. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer (see 8b). Alterations include, but are not limited to, application of social media or smart phone photo filters, or modifications of any kind.

10. Liability
a. Client agrees to indemnify and hold photographer harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
b. CLIENT HEREBY AGREES THAT THE PHOTOGRAPHY SESSION IS VOLUNTARY AS IS ANY SUCH POSES, LOCATIONS AND RECOMMENDATIONS OF PHOTOGRAPHER. PHOTOGRAPHER IS NOT RESPONSIBLE FOR ANY INJURIES INFLICTED UPON ANY PERSON OR DAMAGE TO ANY PROPERTY. CLIENT SHALL BE RESPONSIBLE FOR CLIENT’S CHILDREN, PETS, GUESTS, PROPERTY AND FOR THEMSELVES. CLIENT HEREBY RELEASES AND AGREES TO INDEMNIFY, WAIVE AND HOLD HARMLESS PHOTOGRAPHER FROM AND AGAINST ANY AND ALL CLAIMS AGAINST PERSONAL INJURY OR PROPERTY DAMAGE WHATSOEVER.