Bang Bang Photography Contract

Bang Bang Photography Contract

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Bang Bang Photography Contract
  • Client Information

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  • Session Information

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  • Terms and Conditions of Agreement

  • Retained Photographer

    The clients and all participants hereby agrees that Samantha Lunnemann from Bang Bang Photography, (hereafter collectively and individually called Studio) will photograph said session and shall be the exclusive stills/print photographer retained to provide the photgraphy at the above described event. It is further agreed that still/print photography, in any form or manner, by another contracted, paid or compensated individual or business entity, shall be prohibited and shall be deemed a breach of this contract. Any such breach of contract will release Studio from any further responsibility under this Agreement, and any monies paid by Clients will be retained by Studio as liquidated damages. Notwithstanding, capturing, selling, and/or reproduction of still/print photography from the aforementioned event by any vendors on behalf of Clients is strictly forbideen and shall be deemed a breach of this contract. It is agreed that any such breach of contract will release Studio from further responsibility under this Agreement, and monies paid by Clients will be retained by Studio as liquidated damages.

    Emergencies

    Serious injuries or death of any of the signing parties to this agreement or an immediate family member will cause this agreement to be void, with documentation from physician, funeral director, etc. In the event of photographer's sudden illness preenting appearance or performing contract, client has the option of allowing Studio to transfer this contract to another photographer or allow client to contract with another photographer. All fees except retainer will be returned.

    Retainer

    To assure the appearance of Studio for said date and time, Clients agree to pay a retainer (herafter Appearance Fee) of 50% of session price and any add-ons (non-refundable) upon the signing of this Agreement and is applied toward the grand total. Payment of the balance is due the day of the session. Payments can be made via PayPal with a valid PayPal account, with VISA or Mastercard. For PayPal Payments, there is a convience payment fee for each invoice sent. Checks are also accepted and no services will be rendered until the check has cleared. Payments can be made out to Samantha Lunnemann. Clients agree to pay a service charge of $35 for returned check or payment. Clients agree that Studio may withhold the final products & services from Clients until the entire balance of all fees and ta are paid in full.

    THERE ARE NO REFUNDS ONCE YOU HAVE SIGNED CONTRACT AND PAID. BALANCE MUST BE PAID IN FULL THE DAY OF THE SESSION. IF BALANCE IS NOT PAID, IMAGES WILL NOT BE WORKED ON OR TOUCHED UNTIL IT IS PAID. YOU MAY ALSO HAVE A LATE PAYMENT FEE UP TO $50 PER $100 PAST DUE. 

    Retainers and Cancellations

    Upon receipt of the Appearance Fee, Studio agrees to reserve the time and date agreed upon and will make no other commitments for date and time. Should the session be rescheduled or postponed, the Appearance Fee paid may be applied towards a new date based on Studio's availability. If Studio is not availabe on the rescheduled day, or if session is cancelled, the total retainer/Appearance Fee monies must be paid by Clients to Studio as liquidated damages. Should the event be postponed as a result or wars, revolutions, acts of enemies, strikes, floods, fires, power failers, acts of God such as weather-related emergencies, serious illness or injury of either part, or any other cause not under the direct control of either party to this contract, neither party will be held to the terms of this agreement. When the event is rescheduled, client agrees to give Studio first opportunity to provide photography services under the same terms and conditions. Should Studio be unavailable for the rescheduled date, all moneies paid after the retainer will be refunded. If the client does not cancel 24 hours prior to session (ie cancels 2 hours before session), all moneies paid are non-refundable, and a rescheduling fee of $50 will apply and must be paid at time of rescheduling. 

    Weather Policy: In the event of weather conditions that are out of control: If the client has been contacted and advised to reschedule due to the photographer's concerns about weather, and the clients still preceeds with the session and it rains, limiting the time and or photos that were able to be taken, the client will be charged for an additional session at the photographer's hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer's discretion if bad weather persists to cancel the session, during the session. If the client preceeds with session in weather that destorys the photographers equipment or causes any sort of damage, the client is held responsible for all damages and charges occured in the repair or replacement of the equipment. If the client has been contacted and advised to reschedule due to the photographer's concerns about weather, and the client decides to go ahead and reschedule, the client will not be sharged to do so. The client will then be put on the first alret for their session and able to have their session even on non-session days. Due to cold weather seasons in Colorado, the Photographer will only cancel a session due to temperture if it is 20 degrees or below outside at time of session. Session will be rescheduled at no charge. 


     

    Negatives (Digital Files)

    Studio shall keep all negatives and/or digital files for its own personal use. The duplication of any Studio images for other than personal and prive use without expressed written consent is forbideen. After 6 months from date of event, even if Clients have not obtained their entire package, their entire package will be considered final (inclusive of album) and files may be destroyed. The Studio is not responsible for the storage of images. 

    Photo Use

    Permission is hereby given to Studio to use reporoduction of pictures for general marketing purposes in accordance with reasonable commerical practice including, but not limited to, within Studios place of business, on the Internet, and for personal meetings with prospective clients. Clients hereby agree that all negatives, digital files and any and all pictures derived therefrom at the described event are the property of Studio. Clients may not sell their images or authorize any third part use of any image without written consent of the Studio.

    The photographs produced by Bang Bang Photography are protected by federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Bang Bang Photography's explicit written permission. Photos may not be submitted into photo contests or used for profit or mass publication without Bang Bang Photography's explicit written permission. It is a breech of this agreement to not only reproduce the images, but to display them on social network sites (Facebook, Myspace, Twitter, etc,). If displayed on social networking sites, photos must say, "Photos by Bang Bang Photography", somwhere visible on the photo or on the information tab below each single photo. The photographic images are the property of the CLIENT for personal use and for the purpose of reproduction and giving of photographs to friends and relatives. (Print release will be provided) .

    ADDITIONALIn the agreement of the session typed picked, the following items have been promised within 3 weeks period of the session. The delivery of the final product is up to the Client to arrange with the Company. The Company will notify the Client of the finished product and will be the Client’s responsibility to get the items. Digital downloads will be available for all promised edited photos.


    Online downloadable galleries will stay up for 1 week. Your proof gallery will be available for 3 days, meaning when you recieve your proof gallery, you have 3 days to pick your proofs, or they will automatically be selected for you. Once your proofs are selected, the gallery is updated with full resolution, and a seprate one is created for Facebook sized ones with logos, and you will have 1 week to download. If you do not download in that time, you will be charged $50 to reupload and to pay for the gallery hosting itself.

    If more time is needed it is the responsibility of the Client to inform the Company. The Company is not responsible for the printing quality of images when the Client uses a printing service other than a professional printing company. The company suggest usings Mpix.com. 

    Any prints promised with session may have up to a 3 week turnaround since print orders are only submitted once a month.  


    Specific Photographs and Liability

    1. Studio will make every effort to assure Client satisfaction according to accepted industry standards. Any artistic interpretations by Studio will be deemed acceptable and correct. Due to the chaning and fluid nature of special events, Studio does not guarantee the production of any specific image(s). Events outside of Studios control, such as weather, late arrival of Client or subjects, missing persons, short timelines, venue restrictions, etc. may preclude the creation of some images. Studio assumes no liability for failure to comply with the terms of the Agreement due to events outside of Studios control.

    2. Studio may not be held liable for or subject to damages for failure to provide any proofs or prints due to negligence, accident, or any other avoidable or unavoidable action mentioned or unmentioned by any individual, other service agency or third party necessary in performing the function set forth in this agreement.

    3. Clients hereby agree that Studios liability for damages pursuant to this Agreement is limited in amount to total value of the Appearance Fee and Service Fee actually paid by Clients pursuant to this Agreement.

    4. The parties agree to cheerful cooperation and communication for the best possible result within the dedinition of the assignment. The photographer will not be held accountable for not photographing desires poses or specific photos. Bang Bang Photography is not responsible if key individuals fail to appear or cooperate during photography session or for missed images due to details not revealed to Bang Bang Photography beforehand. Children must be aware of the situation, and the Studio is not held responsible fore missed photos or photo outcomes for unruley children.

    5. Appearance: In the event that the client would like additional photos due to appearance out of our control (hair/makeup, etc) in the previous session, the client will be charges for an additional session at the photographer's hourly rate to reschedule or shoot additional photos. Although there are no additional fees for additional outfits, the amount of time it takes to change into those outfits does count towards the total amount of the session time.   

    6. Props: The client is responsible for bringing any props that they would like in their pohtos. In the event that the client has forgot a prop for the session and wants photos with that prop, the client will be charged for an additional session at the photographer;s hourly rate to a reschdule or shoot additional photos. 

    7. Locations: If you have more than one location for your session, the travel time from destination 1 to destination 2 and so forth does count towards the total amount of session time. If the client wants to do a session at a location that charges for access, the client will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so. 

    EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior and/or 1 day before to the EVENT(S).  Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the COMPANY by the CLIENT. 

    SAFETY: The COMPANY reserves to right to terminate coverage and leave the location of the EVENT(S) if the  photographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the COMPANY is in question. No alcohol, no drug use, no profanity, and no smoking during the session. This is to assure the safety and comfortableness of all parties involved.

    SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY 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.  All additional time beyond the scheduled end time will be billed to the CLIENT. Please be assured that if you are unfamiliar with the location, or directions, reach out to The COMPANY to make necessary arrangements. If the CLIENT is a no call no show for 20 min into the session, the photographer will leave and bill the client the amount of the entire session as well as a cancelation fee and any charges to materials needed for the session. The client will no longer be able to book with the COMPANY, and in the event that the bill is not paid within 30 days of being sent out, legal action will be taken. For clients who do not show up on time to the session location, will be charges a $25.00 late arrival fee and must be paid before the edited images are provided to the client. The pictures will not be released to the client or social networks until the late arrival fee is paid. 


  • Proofs

    Studio, as a photographer and artist with whom Clients entrusts photography to, retains the judgment to remove any image(s) from the proofs that it deems bad or irrelevant.

    Permits, Location Fees and Expenses

    Clients will be responsible for obtaining any and all permits and/or paying any fees or commissions required by any venue, person or location being utilized for the session or any sessions included herein this contract. This will include, but not limited to houses of worship, parks, reception venues or event coordinators. Any additional expenses beyond what is outlined in the previous paragraphs and specifics of this contract, including, but not limited to, travel, lodging, admittance and parking fees, will be the responsibility of the Clients.

    Venue

    Clients agree that if any action is initiated in a court of law for breach of this Agreement, or for any reason pertaining to this Agreement, then the venue shall lie in the locality where the Studio's business license is registered. If a favorable judgement is issued for the Studio, the Client agrees to pay relevant attorneys and court fees for said action.

    Severability

    If any section, subsection, sentence, part or application of this Agreement be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate any other section, subsection, sentence, part or application but shall be confined in its operation to the section, subsection, sentence, part or application directly involved in the controvery in which such judgement shall have been rendered.

    Assignability

    This contract is not assignable except with the written consent of all parties hereto.

    Third Party(ies)

    This agreement is between Clients and Studio, and excludes all this party interests.

    Agreement: This contract is the ENTIRE agreement of the parties. No other terms or conditions are expressed or implied. Any additions, corrections or modifications to this contract must be in writing and signed by the Clients and Studio. Oral modifications are not enforceable at any time. 

  • The undersigned hereby warrants that he/she is over the age of 18 and has full contractual capacity.

    Client(s) agree(s) to only sign if they have read and agreed to the terms of service in this contract and they believe all information is deemed correct to the best of their knowledge.

  • Model Release

  • The CLIENT hereby grants Samantha Lunnemann with Bang Bang Photography and its legal representatives and assigns, 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 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 Samantha Lunnemann with Bang Bang Photography and its legal representatives and assigns from all claims and liability relation to said photographs. Signature is valid for all who partake in session. Parental signature required for anyone under the age of 18 at the time of the session. 

  • Limit of Liability

  • I wish to partake in a photo shoot or photo shoots with the below named photographer through Bang Bang Photography. In signing this form and/or partaking in a photo shoot or photo shoots with the below named photographer, I, for good and valuable consideration, warrant that I am not a minor and hereby agree, for myself, my heirs, assigns, executors, and administrators, to be legally bound hereby and waive, release, and forever discharge Bang Bang Photography and its partner agencies, its owners, members, directors, photographers, independent contractors, funders, employees, and agents ("Releases") from any and all liability, causes of action, suits, proceedings, damages, judgments, claims and demands whatsoever arising out of my participation in a photo shoot or photo shoots with the below named photographer acting through Bang Bang Photography.

    I am aware and agree that there are inherent risks of injury to myself, my property, and third parties, arising from activities typically performed by models on location, and which may be performed by me as a model on this photo shoot or photo shoots. I expressly and specifically acknowledge that those activities may involve (a) physical activity (including without limitation: climbing, negotiation of steep descents, and work on potentially unstable or dangerous terrain), (b) contact with unidentified and unfamiliar persons, (c) contact with unidentified and unfamiliar flora and/or fauna, (d) travel to and from various unspecified locations, and (e) other potential risk of injury. Notwithstanding the preceding sentence, I willingly and freely assume all such risk and damage to person or property arising there from, whether or not resulting from negligence, and agree to release Bang Bang Photography and its Releases from any and all liability, actions, causes of action, claims, and demands of every kind and nature whatsoever which I now have or which may arise out of or in connection with my activities as a model in a photo shoot or photo shoots with the below named photographer or in any other Bang Bang Photography related project or activity.

    Photographer: Samantha L. Lunnemann

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