Thank you so much for booking a portrait session with me! I'm excited and honored to be your photographer. This contract is simply to ensure everybody is in agreement regarding the services I will be providing. Please feel free to contact me with any questions. I can’t wait for your portrait session!
A. Client Rights
Regarding the images delivered, as digital files or otherwise, Client’s rights are limited to personal use. Photographs may not be sold or used in advertising unless otherwise specified by the Photographer.
B. Date Reservation Fee
The Amount Due at Signing, defined above, is a Date Reservation Fee. Upon receipt, the Photographer will reserve the time agreed upon for the Event Date and will not make another reservation for the agreed upon time. For this reason, the Date Reservation Fee is non-refundable.
C. Delivery of Photos
No part of any order, including previews, will be delivered until the balance is paid in full
D. Description of Services
This agreement constitutes an order for portrait photography services, and any additional services outlined above in Package. It is agreed to by both parties, Photographer, and Client, as described above. Client agrees to pay Total Amount by the Final Payment Due By Date as defined above
E. Disk Backup
Since a disk of high-res photos is provided to the client, Katy Pair Photography is not responsible for keeping files after the images are delivered.
F. Entire Agreement
This is the entire agreement between Photographer and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client
Digitally signing this agreement has the same effect as manually signing a paper original.
Client hereby agrees to indemnify, release, discharge and hold harmless the Photographer, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of the Photographer from and against any liability or claims arising as a result of any work done related to this agreement. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.
I. Limitation of Liability
Although all care will be taken with these photography services and the digital photographs taken, the Photographer limits any liability for loss, injury, death, inability to perform the photography services for any reason, failure to deliver images for any reason or any other types of damages to the return of all payments already paid to the Photographer up to Total Amount defined above
All permits and permissions required for the Photographer to photograph the event, whether for location, personal release or any other cause, are the responsibility of the Client to obtain.
K. Photographer Rights
It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Photographer.
This agreement cannot be transferred or assigned to any third party by either the Photographer or Client without written consent of both Parties.
M. Model Release
I hereby give to Katy Pair Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
Studio/Photographer may substitute another photographer to take the photographs in the event of Studio/ Photographer’s illness. In the event of such substitution, Studio/Photographer warrants that the photographer taking the photographs or video shall be a competent professional.
O. If the Studio/Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return the deposit 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 are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/Photographer fails to perform for any other reason, the Studio/ Photographer shall not be liable for any amount in excess of all monies paid.
I hereby release and discharge Photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
K. Completion Schedule
The Photographer shall make gallery proofs available through an online gallery proofing website within 2-3 weeks from the session. The Client is responsible for picking their favorite images from this gallery within 21 days. The online gallery will stay open and active for 21 days from delivery via email. If the Client requests to extend the time or re-open the online proofing gallery, a $50.00 un-archival fee shall be applied.