Client Contract
Liz Bryan Photography Client Photography Agreement
Please Sign Digitally by submitting the information at the bottom of this page.
1. Scope of Work
PHOTOGRAPHER and CLIENT are to arrive for the PHOTOSHOOT at the agreed time and location which will be confirmed prior to the photoshoot. CLIENT and PHOTOGRAPHER agree that PHOTOGRAPHER will furnish the photography services for the PHOTOSHOOT with coverage outlined in the PACKAGE below.
2. Retainer and Payment Policy
Upon your signature, PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that time and date. The CLIENT shall make a non-refundable retainer of seventy five (75) dollars to the PHOTOGRAPHER to perform the services specified in the invoice.
Upon payment, PHOTOGRAPHER will reserve the time and date agreed upon by both parties exclusively for you. The remaining balance must be paid on the day of the PHOTOSHOOT. In the event that payment is dishonored after payment has been made, no photos shall be released until a substitute full payment is made and clear funds have been received.
3. Work Product
3.1 All photographs will be shot in digital format. Digital photos will be made available on a private online gallery available for download no later than two weeks after the shoot date. Photos will be delivered as high-resolution JPEG files in an online gallery. RAW files will not be provided. The CLIENT will have one month to download the photos after delivery.
After the one-month term, PHOTOGRAPHER will no longer be able to guarantee download of photographs. The CLIENT may download images from the online gallery for personal use only. Downloaded images must not be reproduced in any form including for the purpose of being submitted to contests, reproduced for commercial use or in any other form other than as provided for in this agreement or with the express written license of the PHOTOGRAPHER.
3.2 Retouching, Conversions and Digital Files
Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white. Files are automatically lightly retouched for no added fee. Complex retouching may result in an additional fee.
Hi-resolution digital files are delivered via an online site. You may download via computer or mobile device through this site, but remember to download on computer for full high-resolution images. The price for the digital files is not refundable once delivered, and is not adjustable per client.
4. Rescheduling and Late Arrivals
4.1 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.
4.2 In the event that the CLIENT requests to reschedule their session on account of illness, emergency, act of God or any cause outside its control, the retainer will be applied to a rescheduled session provided that notice is given at least 7 days prior to the scheduled PHOTOSHOOT (or reasonable notice in the case of an emergency).
4.3 Requests to reschedule by CLIENT for any reason other than a reason under clause 4.1 is at the discretion of PHOTOGRAPHER.
4.4 Any CLIENT that is late arriving to the session will have the remaining amount of time allotted for the scheduled session. If CLIENT fails to show up for scheduled session, they will forfeit all money paid as there will be scheduled clients before and after them.
5. Indemnification
5.1 PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the PHOTOSHOOT. The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, restrictions of the locations.
5.2 Unless specifically requested in writing prior to the commencement of the PHOTOSHOOT, the PHOTOGRAPHER is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT.
5.3 If PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God or any cause outside its control: PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER and make reasonable efforts to recommend other local photographers who may be available during that time.
5.4 If PHOTOGRAPHER is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the PHOTOGRAPHER, the PHOTOGRAPHER will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the PHOTOGRAPHER under this Agreement.
5.5 CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this PHOTOSHOOT one month after the online gallery has been delivered to CLIENT. CLIENT will have one month after gallery delivery to make PHOTOGRAPHER aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this one-month term has expired, PHOTOGRAPHER will no longer be liable to CLIENT for any corrections, damages, refunds, re-edits or re-shoots.
5.6 CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding PHOTOSHOOT (including any personal injury arising from or connected with any negligent act or omission on the part of PHOTOGRAPHER).
5.7 CLIENT agrees to indemnify PHOTOGRAPHER and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this agreement.
5.8 PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the client.
5.9 The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.
5.10 PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the PHOTOSHOOT if the photographer experiences inappropriate, threatening, hostile or offensive behavior from anyone at the PHOTOSHOOT; or in the event that the safety of the photographer is in question. If PHOTOGRAPHER leaves the PHOTOSHOOT in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount to CLIENT, but will be obliged to provide CLIENT with photographs taken by PHOTOGRAPHER prior to PHOTOGRAPHER leaving the PHOTOSHOOT.
6. Permissions and Permits
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, national parks or other locations. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent the PHOTOGRAPHER from photographing the PHOTOSHOOT is not the fault, liability, or responsibility of the PHOTOGRAPHER and CLIENT agrees: To pay to the PHOTOGRAPHER an amount equal to any fine which may be imposed upon PHOTOGRAPHER as a result of the CLIENT’s failure to obtain any required permission; and not to make any claim (including a claim for the repayment of any money paid under this agreement) arising out of or connected with any failure on the part of CLIENT to obtain any required permission.
7. Exclusive Photographer
CLIENT agrees and understands that no other party other than PHOTOGRAPHER and the PHOTOGRAPHER'S assistant may take pictures of any poses, lighting situations, or setups made by the PHOTOGRAPHER. This slows down the PHOTOGRAPHER’S work and violates the PHOTOGRAPHER’S intellectual property in the composition of pictures of the PHOTOSHOOT. CLIENT agrees to do all things reasonably requested by PHOTOGRAPHER to ensure that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
8. Copyright and Model Release
8.1 PHOTOGRAPHER shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and social media platforms. CLIENT releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by PHOTOGRAPHER which is consistent with this agreement.
8.2 Should the images contain a child or children, CLIENT as parent or guardian of the child gives permission for the images to be used and published by PHOTOGRAPHER, including for the purposes of the reproductions under clause 8.1.
8.3 If the PHOTOGRAPHER desires to make other commercial uses of the images to promote the commercial interests of any business other than the PHOTOGRAPHER’s own business, the PHOTOGRAPHER must not do so without first obtaining the written permission of the CLIENT. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
9. Social Media and Personal Use
In consideration of the payment of monies due under this agreement, PHOTOGRAPHER grants CLIENT a perpetual non- exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by the PHOTOGRAPHER as follows:
9.1 CLIENT may share the web or high-resolution photos delivered by the PHOTOGRAPHER on CLIENT’s personal and business social media accounts.
9.2 This license does not permit CLIENT to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe PHOTOGRAPHER’S moral rights.
9.3 CLIENT may print web or high-resolution photos delivered by the PHOTOGRAPHER or downloaded from the photo gallery for their personal use, and:
a) must not sell, license, sub-license, transfer, or otherwise distribute the printed photos;
b) b: must not use the printed photos for advertising or commercial purposes; and
c) must not submit or enter the photos into any competition.
10. 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.