The person(s) whose signature(s) appear on this contract, known as "Client", agree that Erin Clayton, known as "Photographer", shall provide services to photograph their portrait session and related events to the best of her abilities, in the manner described in this document.
Retainer and Payment:
A retainer fee is required for all portrait sessions. Client reserves the time and date of services by submitting this contract along with full payment for the session one week prior to the session date which is non-refundable and non-transferable. No session is fully reserved until the contract and retainer are received. The package fee includes the session time and the included number of images noted in Client’s package. Additional images can be purchased at the current price and are provided to the Client upon receipt of payment.
Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from Photographer.
If for any reason Client cancels or reschedules this contract before the session date, Photographer will keep the retainer. Fees paid can be applied towards a new session date provided it is scheduled within six weeks of original session date. If the new session date is six weeks past the original date, Client will be subject to Photographer’s current pricing. If less than 24 hours' notice is provided for cancellation, a SR 300 cancellation fee will be applied and is non-transferable to a future session.
If Photographer or her agent is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the session day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
The Photographer shall own the copyright in all images created. Client hereby waives any claims for ownership, income, editorial control and use of the images.
Client agrees to purchase prints directly from Photographer unless in possession of high resolution digital files. Client agrees not to scan, copy or reproduce images in any manner without written permission. If high-resolution digital files are purchased, a written release will be supplied with those files. The release grants Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published.
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. If the photographer desires to make other uses, the Photographer shall not do so without obtaining the written permission of the client.
The Client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client and, or in which the Client may be included, for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Photographer and his legal representatives and assigns from all claims and liability relating to said photographs.
Client will receive the defined number of edited images noted in the session package. These are the best images resulting from the session and the Photographer is under no obligation to provide more images than what is not already presented to the Client. Upon receipt of a photo DVD or downloadable images, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Unless agreed upon prior to any editing work, high-resolution images and/or proof sets may contain a mixture of color, black and white, and selective color images. An alternately colored version of a photo may be purchased at the current rate. Limited color correction and/or retouching are included at Photographer's discretion. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her.
Client acknowledges that it is familiar with Photographer's portfolio and is requesting services with knowledge of the photographer style; that the Photographer's work is constantly evolving; that Photographer's services are of unique and artistic nature; that the photos may be different from photographs taken by Photographer in the past; and that in creating the photos, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the event, which vision may be different from the client's and/or the subject's vision of the event. Client has no authority to control the manner in which Photographer takes photos. Accordingly Client acknowledges that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria.