TERMS AND CONDITIONS

 

This document is a contractual agreement made between:

 

Emily Colby located at 2734 N Southport Ave Unit D Chicago, IL 60614

Tel: 516-362-6529, Email: emmacolbyphotography@gmail.com, (referred to hereafter as “Photographer”),

And

the CLIENT, as detailed in Client Information section above, (referred to hereafter as “Client”).

 

SCOPE OF WORK

This contract is for services and products related to a photography session (hereafter “session” or “the session”) to take place at the time and place as detailed in the Session Details section above.

 

PHOTOGRAPHER does not guarantee the number of final images that will be presented to the CLIENT after each SESSION is complete. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary and present all images that meet her quality standard in the CLIENT’S online gallery. If fewer than 10 images meet this standard from any given SESSION, CLIENT will have the option of a re-shoot at no additional cost.

 

FEES & CHARGES

CLIENT agrees to pay the photographer a non-refundable deposit for the photography services upon signing this contract prior to the start of the SESSION. Acceptable forms of payment include cash, personal checks, e-commerce payment and money orders.  If payment is not received, PHOTOGRAPHER will not be expected to attend the SESSION. 

CLIENT may be required to purchase photos and digital images that meet the minimum purchase requirement, as applicable for the session type. Such purchase must be made separately after the SESSION. Additional products will be invoiced at time of purchase and payment for those products is due in full prior to products being delivered to client. If Client fails, or refuses payment or delivery by the terms set forth, PHOTOGRAPHER shall charge the Client a service fee plus 2% interest per month. A service fee will be charged for any returned bank checks. 

 

WORK PRODUCT

PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than thirty days (30 days) after the date of the SESSION.  CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not to store the proofs. 

 

PHOTOGRAPHER will place edited images in a private, password-protected online gallery and will be active for a minimum of 14 days. Expired galleries can be re-published for a $25 fee.

 

PHOTOGRAPHER agrees to license photos to CLIENT from the SESSION.  All photos delivered to CLIENT are licensed for CLIENT’S personal use only.  Photos from the SESSION to be delivered to the client will be according to the package or individual items purchased. CLIENT understands and agrees that prints and albums take longer for delivery.  PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.

INDEMNIFICATION:

PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SESSION. CLIENT is encouraged to provide a suggested photo list to PHOTOGRAPHER no less than 48 hours prior to the SESSION to include photos that CLIENT would like PHOTOGRAPHER to shoot, but PHOTOGRAPHER has no liability for capturing any of the photos on the list.

 

If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the PHOTOGRAPHER’s control or expectation, client agrees to indemnify PHOTOGRAPHER for any loss damage or liability; however, PHOTOGRAPHER will return all in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SESSION.

 

CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure.  Cameras, hard drives, and memory cards are subject to technical failure.  PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure. 

 

CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a reasonable number of photos from the SESSION for 60 days after the SESSION.  After this period has expired, PHOTOGRAPHER has no duty to retain copies or originals of files or photos from the event.  It is the responsibility of CLIENT to purchase, store, and backup photos after the 60-day period.  This clause is subject to the limitations in Section 4.3 of this Contract.

 

CLIENT is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases PHOTOGRAPHER from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.  It is recommended to place products, such as photos, album and digital media, in a dry, cool, shade area and never in direct sunlight.

 

CLIENT agrees and understands that the quality of a photograph is entirely subjective.  PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT. In the unlikely event that CLIENT is completely dissatisfied with the final results based solely on personal preference, PHOTOGRAPHER will reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second portrait session only.

 

CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits.  CLIENT agrees to hold PHOTOGRAPHER harmless for any edits which may be viewed as defamatory or demeaning.

 

CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location.  CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment.  CLIENT is responsible for their own safety and actions, as well as the safety and actions of their children, while at the location of the SESSION. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER. PHOTOGRAPHER is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the SESSION itself or anything related to the photography session.

 

 

CANCELLATION

If the CLIENT should fall ill or another emergency arises, the CLIENT should contact the PHOTOGRAPHER as soon as possible to reschedule the session. If the CLIENT cancels this Agreement 48 hours before the SESSION, any deposit paid to the PHOTOGRAPHER shall be refunded in full. If CLIENT cancels less than 48 hours before the SESSION date, the deposit will not be refunded. In the event the CLIENT wishes to terminate this Agreement prior to the SESSION being completed, CLIENT will forfeit all payments made to-date. Intent to terminate this Agreement must be in writing.

 

In the unlikely event that the PHOTOGRAPHER is injured, becomes ill, or has an emergency that prevents her from photographing the SESSION, the PHOTOGRAPHER will make every effort to reschedule. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for photographic services.

 

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.

 

The PHOTOGRAPHER has the right to stop a SESSION early due to inclement weather, unsafe behavior of the participants, rude, obnoxious and abusive behavior directed towards the PHOTOGRAPHER by the CLIENT and CLIENT will forfeit all payments made to-date related to SESSION.

 

EXCLUSIVE PHOTOGRAPHER: CLIENT agrees and understands that no other party other than PHOTOGRAPHER 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 right to take pictures of the event.  CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.

 

DUTY OF CLIENT:

CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SESSION.  PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon.  CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to PHOTOGRAPHER, or which prevent PHOTOGRAPHER from photographing the event(s) is not the fault, liability, or responsibility of PHOTOGRAPHER.

 

In the unlikely event that the CLIENT is completely dissatisfied with prints and products from the SESSION, CLIENT will notify photographer in writing within 3 days. PHOTOGRAPHER will attempt to resolve any problems as quickly and as reasonably possible, however the CLIENT understands that additional fees may apply in the case of re-ordering.

 

COPYRIGHT NOTICE: The images produced by the PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the explicit written permission of the PHOTOGRAPHER. Upon final payment by the CLIENT, the CLIENT has limited copyright ownership of the images, which may be used only for personal use and may not be copied or reprinted without explicit written permission. This permission is included with CDs and USB Flash Drives with which the owner may make prints for personal use and sharing, as well as use for their personal blogs, sites and social networks. If any of the PHOTOGRAPHER’S images are published (on the web or any other media), proper photo credit such as “© Photo by www.emmacolbyphotography.com” is required.  The CLIENT must obtain written permission from, and compensate the PHOTOGRAPHER prior to any selling of images for profit.

 

MODEL RELEASE: The signing of this agreement by the CLIENT constitutes a commercial model release by the CLIENT and the related individuals listed above to the PHOTOGRAPHER. The PHOTOGRAPHER will have the right to make reproductions including but not limited to website, portfolio samples, self-promotion, magazine editorial use, advertisement/marketing and professional competition without further release. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties. CLIENT waives the right of tort of invasion of privacy due to any reproductions.

 

ARBITRATION: Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of Illinois. The arbitration shall be binding on the parties.

 

ASSIGNABILITY AND PARTIES OF INTEREST: CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific PHOTOGRAPHER.  PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any PHOTOGRAPHERs associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract.  All PHOTOGRAPHERs must be capable and competent to perform the services in a workmanlike manner.

 

ENTIRE AGREEMENT: This Agreement constitutes a single integrated Contract expressing the entire agreement of CLIENT and PHOTOGRAPHER with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.

 

AMENDMENT AND WAIVER: This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party.

 

TERMINATION: Subject to paragraphs 2 (Fees) and 5 (Cancellation), the CLIENT may terminate this Agreement at any time prior to the PHOTOGRAPHER’S commencement of work and may terminate thereafter if the PHOTOGRAPHER fails to adhere to the specifications or schedule for the Images.  This Agreement shall also terminate in the event of the PHOTOGRAPHER’S bankruptcy or insolvency.  The rights and obligations of the parties pursuant to Paragraphs 2, 4, 7, 8, and 9 shall survive termination of this Agreement.

 

VENUE AND JURISDICTION: This Contract is governed by the laws of the state of Illinois and federal courts in that district.  CLIENT and PHOTOGRAPHER agree to subject themselves to the laws of this state except for as provided in the arbitration clause.  CLIENT and PHOTOGRAPHER hereby waive the right to object to venue within this state.

 

SEVERABILITY: If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.

HEADINGS AND SUBHEADINGS: The clause headings in the Agreement are for reference only and do not form a part of this Agreement.

 

 

Version 2.4, Updated 03/2017