Photography Agreement and Terms
1. It is understood this Photographer is the exclusive official Photographer retained to perform the photographic services requested on this Contract.
2. A retainer (commitment deposit) of half the total fee is due within 48 hours of the signing of the Contract and is non-refundable. It may be transfered to a new date if inclement weather causes a cancellation. The remaining session fee is due upon gallery delivery, editing of no less than 45 final images, and high resolution files of all edited images (with print release). Payments may be made by PayPal or Venmo. Cash and checks are also accepted on the condition that the total fee is paid in full within 48 hours of signing the Contract.
3. The Photographer reserves the right to use images created under this Contract for advertising, display (Website/blog/Facebook), publication or other purposes. The Client signing this Contract warrants that he or she has actual authority to agree to use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this / Photographer.
4. No part of any order, including previews, will be delivered until the balance is paid in full. Screenshotting gallery photos is an infringement of the copyrights of the Photographer.
5. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, Photographer may elect to use an alternate location or to reschedule the session.
6. If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, apart from inclement weather, or due to the Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the contract. This limitation on liability shall also apply in the event that photographic materials damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the value of the Client’s commitment deposit, unless the Client pays in full prior to delivery, in which case the Photographer will not be liable for any amount in excess of the value of the Client's total payment.
7. Client is responsible for paying any parking or location fees for both the Photographer and the client, as well as travel, lodging, and any other added services agreed upon by both parties.
8. CREATIVE LICENSE: Images are edited at the photographer’s discretion, and final images will not include all images shot. The photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s artistic standards.
9.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.
10. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and Future orders shall be charged at the prices in effect at the time when the order is placed.
11. NOTICE OF COPYRIGHT: It is ILLEGAL to copy, scan, or reproduce these photographs elsewhere without the Photographer’s permission and violators of this Federal Law will be subject to its civil and criminal penalties.
12. Returned checks are subject to a $50 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Haley Barnhill Photography and/or Haley Barnhill in the event that enforcement of this contract becomes necessary. The Client is responsible for communicating the copyrights and permissions granted under the Contract to participating memebers including but not limited to family memebers, children, and other participating persons.
13. No cameras or any other recording devices are allowed during the photography session. Pets of any kind are not permitted during the session, apart from Pet Portrait Sessions.
14. This contract incorporates the entire understanding of the parties. Any modifications of this contract must be in writing and signed by both parties.
WAIVER OF LIABILITY RELEASE
By agreeing to a photography session with Haley Barnhill Photography, I am hereby waiving, releasing, and discharging Haley Barnhill Photography and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from this event. Haley Barnhill Photography and/or Haley Barnhill is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Client swears that each person is participating voluntarily in the said photography session and forfeit all right to bring a suit against Haley Barnhill or Haley Barnhill Photography for any reason. Haley Barnhill Photography and/or Haley Barnhill is not responsible for uncooperative parties. It is understood that the behavior of children is unpredictable, however, photographer is not liable if children do not cooperate during sessions.
MODEL RELEASE: The undersigned hereby grants Haley Barnhill Photography (HBP) and/or Haley Barnhill the absolute and irrevocable rights and permissions that follow, in respect to the photographs, video tapes, motion pictures, recordings, or any other media (hereinafter collectively known as “Images”) that HBP has taken of me or my property, or minors in my care, or in which I may be included with others, to copyright the same, in HBP's’s own name or otherwise, to use, re-use, publish, re-publish, post, display, in printed form, or in any and all media now or hereafter known, and for any legitimate purpose whatsoever. You hereby grant to HBP the right to use and publish images and photographs taken at your photography session to further promote its service, including portfolio, print, web site, display, advertisement, and editorial use. HBP agrees to limit the use of these images and photographs to promotional use only. HBP may revoke this license at any time and for any reason. HBP retains all copyrights to the images and derivative works thereof. HBP agrees to only use first names of baby, and will leave any Social Media "tagging" up to the parents unless requested.
The undersigned hereby acknowledge that they have received, read, and understand Haley Barnhill Photography’s current price list and policies. Only the signers of this document can discuss any problems that arise.
Permission is hereby granted to Haley Barnhill Photography to use any images created under the contract for professional samples, displays, website/blog pages, advertising, exhibitions, contests, and any other legal purpose.
Haley Barnhill Photography retains the copyright to all images produced by Haley Barnhill Photography and/or subcontractors. Clients who choose to purchase digital files are permitted to post and print photos for personal use only. Any resale, business, or professional use is not permitted under the Contract. The Client understands the images delivered cannot be used for profit or advertising.