Studio Headshot - Session Agreement

Last updated on July 6, 2025

This agreement is made between Erin Clayton Photography ("ECP") and the person(s) whose signature(s) appear on this contract, known as "Client". ECP shall provide services to photograph the Client's Session and related events to the best of ECP's abilities, in the manner described in this document.

This Agreement becomes effective upon the Parties electronic acknowledgement, below.

DESCRIPTION OF SERVICES:
ECP/Photographer will photograph Client or Client’s requested subject(s), during the Session with the understanding of the Client’s desired results. Photographer will make a good faith effort to achieve Client’s desired results. However, Photographer will maintain ultimate discretion and control over the Session. Photographer will use the equipment that Photographer finds appropriate and will take the photographs that Photographer finds appropriate. Client’s desired results are limited by the terms of this Agreement.

COVERAGE:
Photographer will provide coverage for the dates, locations and continuous hours specified in this Agreement. 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.

ARTISTIC STYLE:
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.

PRICING & PACKAGES

Basic Headshot Package: $275 (CAD) + GST. The session fee includes a 15-minute studio session, one wardrobe look, and the Client's choice of 1 (one) retouched digital image presented from a gallery of proofs from which the Client can make their selection.

Plus Headshot Package: $375 (CAD) + GST. The session fee includes a 30-minute studio session, up to two wardrobe looks, and the Client's choice of 3 (three) retouched digital images presented from a gallery of proofs from which the Client can make their selection.

Enhanced Headshot Package: $475 (CAD) + GST. The session fee includes a 1-hour session, unlimited looks (wardrobe and backdrop changes), and the Client's choice of 6 (six) retouched digital images presented from a gallery of proofs from which the Client can make their selection.

Please note: The proofs presented in the gallery are for selection purposes only and are not included in the final digital download. Unedited proofs can be purchased for an additional fee.

Services or merchandise not included in this initial Agreement will be sold at the current price when the order is placed. All prices are subject to change at any time without notice.

DEPOSIT:
A required retainer of $100 (CAD) is due at the signing of this Agreement or at another time as agreed by the Parties. The service fee, when due, will be reduced by the amount of the retainer. No photography will take place and no rights are granted until the retainer is paid in full. Photographer will not reserve the session date and time until paid the retainer in full. Retainer payments are non-refundable and non-transferable.

PAYMENT:
If you choose to pay for your session in full when booking, no further amount will be collected. If you choose the deposit option when scheduling your session, the remaining balance will be automatically applied to the credit card on file (used to book the session and pay the deposit) within 24 hours of your scheduled headshot session. If you would like to pay for the remaining balance using an alternative payment method (e-transfer, alternative credit card, etc.), please contact me directly prior to your session.

Additional prints, products, and digital files can be purchased separately at the current price and are provided to the Client upon receipt of payment.

CANCELLATION/RESCHEDULING:
Client understands that by entering into this Agreement, Photographer is foregoing other photographic jobs. If Client provides less than twenty-four (24) hours' notice for cancellation, a $100 (CAD) session retainer will be applied and is non-transferable to a future session. An additional $100 (CAD) retainer will be required to reschedule a future session. Seventy-two (72) hours' notice of postponements or cancellations is appreciated. After two postponements, the Session retainer is forfeit. Session payments once paid are non-refundable as well.

EXCLUSIVITY:
It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the Session while Photographer is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes cell-phone cameras, computer cameras, and their equivalents.

FORCE MAJEURE:
Neither party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labour stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 24 hours of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

FAILURE TO PERFORM SERVICES:
In the event the Photographer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
1) Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
2) Attempt to find another competent professional to take its place with the mutual agreement of Client(s);
3) If another competent professional is not available or Client(s) do not agree to transfer of obligations to said alternate professional, Photographer will issue a refund or credit based on a reasonably accurate percentage of services rendered; and
4) Excuse Client(s) of any further performance and/or payment obligations in this Agreement.

COPYRIGHT:
The Copyright Law of Canada assigns the copyright of the images to the Photographer, and all images shall remain the sole property of Photographer. The Photographer hereby grants to the Client, a limited, non-exclusive, non-transferable, royalty-free license to reproduce, display and/or distribute the images for personal and commercial use.

REPRODUCTIONS:
Client agrees to purchase prints directly from Photographer unless in possession of full resolution digital files.

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.

IMAGE SELECTION & DELIVERY:
Upon completion of the photography session, the client will receive a gallery of images from which to select their chosen images for editing and delivery. The client will have up to six (6) weeks from the date of delivery of the gallery to make their selection.

In the event that the client has not made their image selection within the six (6) week period, the photographer will assume that the client has given their consent for the photographer to select, edit, and deliver the number of images included in the session package.

The photographer reserves the right to select the images to be edited and delivered at their discretion, using their professional judgment to choose the best images from the session. The client agrees to accept the images selected by the photographer and waive any right to dispute the selection or request further editing.

Once the images have been selected and edited, the photographer will deliver the final images to the client within the agreed-upon timeframe as outlined in the session package.

ARCHIVING PHOTOGRAPHS:
If Client chooses to order digital files as part of their package, 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.

IMAGE PROCESSING/PRINTING:
Limited colour 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 Photographer.

HEALTH & SAFETY:
Client further understands that Photographer complies with all health and safety laws, directives, and rules and regulations. Client expressly agrees that during the session Client(s) shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Photographer will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Photographer reserves the right to end service coverage immediately and/or leave the session. Photographer shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Photographer harmless as a result of incomplete event coverage, or for a lapse in the quality of the Photographer's work.