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.

The contract is between Jennifer Beeman, Moore Equine Events, and the Client as detailed below: 

Jennifer B. Photography (referred to hereafter as "Photographer")

165 Country Club Circle

Southern Pines, NC 28387

910-7977-7644

www.jenniferbphotographync.com

E-mail:  jenniferbeeman.photography@gmail.com

Summary

The Photographer is responsible for providing the Client a photographic service as detailed in this Agreement.  Moore Equine Events is responsible for providing the "Unicorn" and event location (831 Priest Hill Rd, Carthage NC).  The Client undertakes to engage the Photographer for this coverage for the price as detailed below.

Coverage

Prices are subject to a 6.75% tax.  Coverage will be provided by the Photographer as follows:

I will coordinate the date and time via email

AGREEMENT TERMS & CONDITIONS

PAYMENT ARRANGEMENT: The Client will pay the Photographer the total fee specified in the invoice they receive from Photographer.  The total fee will include the amount specified in Section 2 

The total fee presented on Photographer’s Invoice to the Client is payable at the time of the specified session unless otherwise outlined below:

A deposit of $50 of the portrait fee and a signed copy of this agreement are required to reserve a portrait session date. The remaining balance of the portrait fee is due on the day of Client’s portrait session, and is payable before shooting begins. All portrait fees are subject to a 6.75% sales tax. 

SESSION PROOFS: A Session preview will be available within 1 week of the session date.  Client will receive access to a private online photo gallery.  Photographer retains the right to edit the photographs as she sees fit based on experience and exertise and omit any image(s) that do not meet her standards.

CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs.  In the event of a cancellation or postponement of the portrait session/agreement by Client, the deposits paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated.   If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.

COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots.  If Client and/or key individuals fail to appear to a scheduled portrait session, the $50 deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional $25 deposit.

RESHOOTS: No reshoots please.

CLIENT’S USAGE: Client is obtaining prints for personal use only and shall not sell said prints. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Jennifer Beeman" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.

EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work in her studio.  Also she may use images for entrance into photographic competitions and releases all claims to profits that may arise from use of images.  (unless there are restrictions of using images on social media due to client's job or preference-see below)

LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.

In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract.  Neither party shall be liable for indirect or consequential loss.

PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.

CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.

PRINT FEES: Prints are available individually on the photographer's site. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship within 2-4 business days after Client’s print order has been paid in full. All print fees are subject to sales tax.  

IMAGE STORAGE:  Ordered images will remain on file for one year from the date of the portrait session.  

INDEPENDENT CONTRACTOR:   This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.

ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Beyond the Box Photography by Debi Buck.

The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.  

DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Jennifer B. Photography by Jennifer Beeman ("Photographer").  In exchange for services provided, Photographer retains the exclusive right to copy and edit images created under this agreement. 

All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. 

Packages do include digital images for making prints for personal use.  The client may print (on their own) their personal photographs with the written consent of Photographer and/or may purchase prints from the photographer's site at a discounted rate.

Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.

This license allows the client to do the following with the images:

1. i) Display the images;
2. ii) Print the images; using the photographer's lab or the client's lab of choice

iii) Upload, email, or electronically transfer the images or files; and,

1. iv)  Publish the images on personal websites or social media websites

THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:

APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER

MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES            

These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission.  Violators of this Federal law will be subject to civil and criminal penalties.

MODEL RELEASE:

Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use photographs of Client or Client’s child or children for purpose of display, advertising, and to promote the photographer's studio.  The client also agrees that images can be used without additional compensation to the undersigned.  Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.

If the client is unable to have images posted on social media, the photographer will avoid use of images in this form.

Client Signature ("sign" with mouse)