PORTRAIT CONTRACT
This Contract is between the client, whose name and address are listed below, and MOXIE STUDIOS PHOTOGRAPHY.
• Retainer and Payment. The Client shall make a non-refundable retainer in the minimum amount of 50 percent of the session amount, plus applicable sales tax for the photographer to perform the services specified herein. The retainer fee does not include digital or print images. This retainer is earned by the Photographer when paid. It is remitted in consideration of the experience, reputation, and skill of the Photographer and in consideration of the inability of the Photographer to schedule other clients during this time. Payment for packages is due in full on the day of the session.
The retainer fee(s) paid applies toward Session Fee. The session fee covers the time and talent of the photographer to take the Client's pictures. The client understands that no products, including digital files, proofs, or prints, are included with this fee.
Only cash and card are acceptable forms of payment.
• Cancellation. If the Client requests to amend or cancel this Contract 10 or more calendar days before the agreed-upon photographic event date, the retainer shall be applied to a mutually agreed-upon rescheduled date. If the Client fails to show or cancels 48 hours before the agreed-upon photographic event date, the retainer shall be forfeited.
• Rescheduling. In the event that the Client requests to reschedule a photographic event, they will be given one additional date. The retainer shall be applied to a rescheduled event if notice is given at least ten days prior to the scheduled event. Reschedule must be within the same calendar year. In the event a rescheduled date is not agreed upon, the retainer fee is forfeited and deemed as liquidated damages.
• Late Arrivals. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to the late arrival of the Client, and regardless of how much time is spent during the session, the full amount of the session fee is required.
• Refunds for Products/Digital Files Due to the custom nature and/or digital of products, all sales are final.
• Use of Independent Contractor. In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Photographer is not liable for any actions by the Independent Contractor. This includes but is not limited to, allergies as a result of the use of the products/services by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
• Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.
• Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $50 per file.
• Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include but are not limited to, application of filters, cropping, or modifications of any kind.
• The Photographer DOES NOT provide the Client permission to resize photographs for Internet-based usage or use of filters and editing that alter the image in any way.
The photographer DOES NOT hold on to nor is responsible for storing images after emailing web digitals, dropbox link,s or any other form of digital downloads. All Images are purged automatically after 30 days of delivering images.
o Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third party to make, reproductions of works resulting from this Contract without the express permission of the Photographer. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
o Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion. The Client shall identify the Photographer's business name in the caption of all photographs uploaded to social media websites and profiles.
o Photography and Videography. The Client shall not engage in photography or videography during the course of the session.
o Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, the act of God, or causes beyond the control of the Photographer, the Photographer, and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without the fault of the Photographer, liability shall be limited.
o Photographer’s Standard Price List. 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.
o Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
o Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
o Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Ohio.
o Attorney’s Fees . If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
o Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
MODEL RELEASE.
The Client authorizes the Photographer to use and to create images for promotional materials, online usage, and other areas of marketability. The Client further authorizes the distribution of photographs to potential clients of the Photographer for portfolio purposes. The Client agrees and understands that the photos will be taken digitally.
The Client further acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.
The Client acknowledges and agrees that the Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, re-use, publish, and republish photographic materials which contain the Client’s image.
The Client hereby acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction.
The Client hereby acknowledges and agrees that the photographs created by the Photographer shall become and remain the exclusive property of the Photographer and that the Client retains no rights to said photographs unless specified particularly in this Release.
The Client also hereby waives all rights and claims and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos. The Client hereby covenants and agrees that the Client shall not bring any action or proceeding or maintain a complaint against the Photographer in any court of law, state or local, or before any administrative body related in any way whatsoever, to the use of the photographs.
The Client also consents to the use of the Client’s own name or any fictitious name which may be chosen in connection with the aforesaid photographs. The Client hereby releases any and all claims whatsoever in connection with the use of the Client’s photographs and name and the reproduction thereof as aforesaid. The Client hereby waives any right that the Client may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.
To accept this contract means you agree to these above terms and have reviewed and UNDERSTAND OUR PRICING & PACKAGES. Type your first and last name below
THE AMOUNT DUE BELOW IS 50 PERCENT OFF OF THIS COLLECTION PLUS TAX.