AGREEMENT TERMS & CONDITIONS
PAYMENT ARRANGEMENT: The Client will pay the Photographer the NON-REFUNDABLE retainer specified above at the time of booking.
The above mentioned NON-REFUNDABLE retainer and a signed copy of this agreement are required to reserve a portrait session date. Client understands and agrees that Photographer will not book other sessions which would interfere with the alotted session time. In the event that the Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, the client forfeits the NON-REFUNDABLE retainer. The client and photographer agree that such amount is reasonable.
CANCELLATION/POSTPONEMENT/LATENESS: 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 retainers paid are non-refundable. Retainers are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is required.
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. Only ONE (1) reschedule will be allowed without additional $100 retainer fees.
If client is late for session, the end time of the shoot will remain the same. Any unexcused lateness over 20 minutes with no notice and your session will be considered cancelled. Your retainer is NON-REFUNDABLE and another retainer will be required to rebook.
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 clients lack of communication. 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.
VERBAL/PHYSICAL ABUSE AND PROPERTY DAMAGE: Hope Witt/Hope Lynn Photography will not tolerate verbal or physical abuse of any kind by anyone attending a session including the Client and or their guests. Any such conduct OR the damaging of the photographers equipment or studio will result in immediate dismissal of the Client and their party. The Client understands that if this should occur, NO refund will be given and all damages are the responsibility of the Client.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Client is then able to order prints from the second portrait session only. The Photographer will still have all rights to the Images of the session as set forth in this Agreement. Reshoots and or refunds will NOT be given for poor choices in clothing, makeup, hair or weather related issues or by not following the reccomendations of the photographer.
Client will receive access to a private online photo gallery approximately two (2) weeks after the session. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards. Raw and unedited photos will not be given or sold at ANY time.
DIGITAL IMAGES PRINTS & COPYRIGHT: All images and copyrights are the property of Photograher. In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising,marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
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. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images.
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:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites (must include photographers watermark and be linked to photographers social media)
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 media without the Photographer’s permission. Violators of this Federal law will be prosecuted to the full extent of the law.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell prints or authorize any reproductions by parties other than Photographer. 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 "Hope Lynn Photography" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or any other parties photographed under this agreement. These images may be included for editorial, trade, advertising and other purposes, and in any other manner and medium. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of these images.
LIMITED 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.
PRINTS AND PRODUCTS: This agreement does not include prints or products.
IMAGE STORAGE: Digital Images will be stored for up to one (1) year from the date of the portrait session.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior written and oral 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 Hope Lynn Photography.