Photography Contract/Model Release Agreement
This Photography Contract is between Virginia Johnston (owner of Photography by Virginia) and Client as outlined below (hereinafter referred to as “Client”) relating to the Event, as set forth below (hereinafter “Event”) that will take place on the date first listed below.
All initial deposits to hold your date are non-refundable. To cancel this Contract Client must notify Photographer in writing. If Client wishes to postpone or otherwise change the Event date, Client must first submit a written release to Photographer bearing the original contracted date, which will void this Contract. Thereafter, if the Photographer is available for the desired new date, Photographer and Client will execute a new contract, and all monies paid will transfer to the new date. The new date must be within three (3) months of the original date or the new contract will be subject to Photographer’s then current rates.
Copyright and Reproductions. Photographer owns the copyright for all images created at the Event and has the exclusive right to make reproductions. Photographer will only make reproductions for Client or for Photographer’s portfolio, studio samples, self promotions, entry in photographic contests or exhibitions, instructional purposes, editorial use, or within or on the outside of Photographer's studio, or any other advertising and business needs the Photographer deems necessary or appropriate. Any such use will be judicious and consistent with the highest standards of taste and judgment. If Photographer desires to use images for uses other than those specified above, Photographer shall not do so without first obtaining written permission from Client. Client understands they are not entitled to any compensation, or other consideration, for Photographer’s use of images.
It is a violation of Federal copyright law to allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without the permission of Photographer. Client agrees to purchase prints and products directly from Photographer unless Client purchases or is otherwise granted access & usage rights to the high resolution digital files. Further, Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Photographer. Client agrees not to scan, copy or reproduce images in any manner, for any reason, without a written release from Photographer.
Client Usage. Client is obtaining photographs for personal use only and shall not sell prints or authorize any reproductions by parties other than Photographer.
By releasing the digital negatives, Photographer authorizes the Client to use the images received for their own personal use, including printing of the images at a lab of Client’s choosing, sharing on social networking sites (ie Facebook, Instagram, Twitter). The digital negatives will be of the same quality as the images that are presented to the client online. Photographers are not responsible for the quality of enlargements from these files that have been taken to a non-professional and/or consumer photo lab. No images may be sold or published without the prior written consent of Photographer. Photographer will retain the copyright of the images as well as the exclusive rights detailed above under “Copyright and Reproductions.” Requests for additional and/or replacement copies of these files may be purchased and are subject to Photographer’s then current rates for replacement copies.
Failure to Perform. If Photographer cannot perform the services outlined in this Contract due to fire, casualty, act of God, illness, or any other cause beyond the control of Photographer, the Photographer will return all monies paid, including the retainer, and will have no further liability with respect to this Contract. This limitation of liability will also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer.
Client and Photographer both assume the risks and dangers of Photographer’s travel and in the extremely unlikely event that a last-minute act of nature or travel disaster occurs while Photographer is en route to the Event, Photographer will refund the client all monies paid. In the event that Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the value of Client’s package.
Exclusive Photographer. Photographer shall be the exclusive photographer retained by Client for the purpose of photographing the Event. Family and friends will be permitted to photograph the Event as long as they do not interfere with the duties of Photographer, and additionally, will be asked not to take pictures while Photographers are posing the couple, bridal party, or families. Client, by agreeing to this Contract, permits Photographer to request family and friends to not interfere with said process, where such a request is necessary to ensure the contracted services between Photographer and Client can be completed.
By signing this Contract, Client understands and agrees that Photographer is the exclusive official photographer retained to perform the photographic services outlined in this Contract.
Inherent Qualities. While Photographer adheres to the highest standards possible with respect to photographic materials, Client is aware that color dyes in printed photographic materials may fade or discolor over time due to the inherent qualities of the dyes and chemicals. Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. If changes occur to any photographic materials, which are greater than normal fading and discoloration, the materials will be replaced at the discretion of Photographer.
Standard Price List. The charges in this Contract are based on Photographer’s standard price list. This price list is reasonably adjusted periodically and any future orders or additions to this Contract will be charged at the prices in effect at the time the order is placed or change requested.
Final Prints. Final Prints are individually edited for color correction, contrast adjustments, tonal adjustments, color enhancements, and conversion to black and white (if applicable). These images are used for online proofing, digital negatives, DVDs, proof books, and albums. Additional modifications and enhancements are billed at Photographer’s current retouching rates.
Requested Photographs. While Photographer will make every reasonable effort to take specifically requested photos, Client understands that each session is an uncontrolled event and that due to the varieties of the weather, available light, and willingness or availability of subjects, Photographer cannot guarantee that any particular requested photo will be taken.
Artistic License. Photographer shall be granted full artistic license in relation to the poses photographed, the locations used, the final images included in the final collection, and the editing style of the final images. Images delivered to Client will be consistent in style with images displayed on Photographer's portfolio and website.
Additionally, Photographer will curate at their own judgement the final images to be included in the collection of images delivered to Client and shall edit such images with full artistic license including, but not limited to, black and white conversions, color toning, exposure adjustments, cropping and straightening. Any Client requests to re-edit, alter or retrieve additional images from the image archive once images have been delivered to Client will be billed at $10/per photo edit.
Photographer reserves the right not to photograph in dangerous conditions, including precipitation of any form, natural disaster, or extreme heat/cold, as determined by Photographer.
PLEASE NOTE THAT THE PHOTOGRAPHER IS ONLY RESPONSIBLE FOR KEEPING YOUR PHOTOS FOR 90 BUSINESS DAYS FROM THE DATE OF SENDING YOUR GALLERY. AFTER 90 BUSINESS DAYS, YOUR PHOTOS ARE YOUR RESPONSIBILITY AND NO LONGER THE RESPONSIBILITY OF THE PHOTOGRAPHER. PLEASE MAKE SURE YOU DOWNLOAD AND BACKUP YOUR PHOTOS AS SOON AS YOU GET THEM.
*Once we have agreed on a session date, please fill out the information below to agree to the above contract and model release agreement.*