This agreement is between the Client, whose name and address is listed below, and Mariah Smith Photography, here on out referred to as the Photographer.
1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “the shoot” or ‘the shoot”) to take place at the following time and place. PHOTOGRAPHER and CLIENT are to arrive for the SHOOT at the time/location previously agreed upon. PHOTOGRAPHER agrees to provide no fewer than the amount of photos stated in your package of choice for the client to view after the shoot and is not required to provide more than this number of images. PHOTOGRAPHER is not liable to deliver every image taken at the shoot. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER. The PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.
SHOOTING TIME: The CLIENT and PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time.
2. Fees:
In consideration for the photography services provided by the PHOTOGRAPHER, CLIENT agrees to pay the amount disclosed in your package of choice. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50% of the total price of the photography services upon signing this contract. PHOTOGRAPHER agrees to not advertise availability of this time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. The balance of the payment for photography services must be paid in full at the time of the photoshoot, detailed in Section 1, Scope of Work.
3. Work Product:
The PHOTOGRAPHER will deliver proofs of photos to CLIENT via online gallery no later than thirty days (30 days) after the date of the shoot. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. CLIENT understands and agrees that prints are up to the CLIENT to get printed and the PHOTOGRAPHER will only be delivering photos via an online gallery.
4. Indemnification:
4.1 - The PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is in no obligation to capture any specific moment, or pose, or person(s) during the SHOOT.
4.2 – If the PHOTOGRAPHER is unable to perform the services in this contract for any cause outside its control, client agrees to indemnify photographer for any damage, loss, liability; however, the PHOTOGRAPHER will return in full all payments made by CLIENT to the PHOTOGRAPHER in relation to this SHOOT.
4.3 – CLIENT agrees to indemnify and hold harmless the PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 – CLIENT understands and agrees that the PHOTOGRAPHER is not required to maintain copies of the photos from this shoot more than sixty (60) days after the photos have been delivered to client.
4.5 – CLIENT agrees to hold the PHOTOGRAPHER harmless for any personal injury, which may occur as the CLIENT poses or works with the PHOTOGRAPHER.
4.6 – The PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER and may not be altered in any way. An example of this being cropping and/or adding filters to the final product delivered.
5. Model Release:
The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.