Client Agreement/Contract: Mini Session
This agreement is between Liz Krugliak/Liz Krugliak Photography (hereafter “Photographer” “the Photographer” or “Photography Company”) and the undersigned (hereafter referred to as “CLIENT”).
This agreement contains the entire understanding between PHOTOGRAPHER and the CLIENT. It supersedes all prior and simultaneous agreements.
1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at an agreed upon place, date and time.
Late Policy: In the event that the CLIENT is late to their session, no extra time will be given. PHOTOGRAPHER will not be liable for images not taken due to CLIENT tardiness.
PHOTOGRAPHER agrees to provide no fewer than 5 photos for CLIENT to view after the shoot, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. Images provided to client will be chosen by photographer and edited only by the photographer. Unedited images will not be provided, as this is not proper representation of photographer’s work.
2. Fees:
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $150. CLIENT agrees to pay the photographer a non-refundable initial payment totaling $50 upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. The balance of the payment for photography services must be paid in full the day of the SHOOT detailed in Section 1: Scope of Work. If CLIENT is required to purchase photos separately after the SHOOT, payment for those photos is due immediately upon delivery of photos to client.
3. Work Product:
PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than three weeks after the date of the SHOOT. The CLIENT understands and agrees that if he/she needs the images sooner than three weeks, the CLIENT must pay a rush editing fee of $75 and edits will be done within 5 business days.
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 store the proofs. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order.
Are any photos to be included in the price for photography services? YES
If photos are included in the price for photography services, the following will constitute the entirety of photos to be delivered to client and licensed for personal use only.
How many photos--included in the price--will be licensed to client, and in what resolution? 5 high-resolution digital images
Printing: PHOTOGRAPHER will not be liable for print quality, cropping or color defects of any photos that are printed at a consumer lab or through any other lab that we do not recommend. Quality guarantee only applies on orders placed through Liz Krugliak Photography.
4. Indemnification:
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 90 (ninety) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. Duty of Client
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, 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.
6. 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.
7. Model Release
CLIENT grants permission to PHOTOGRAPHER to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising.
Minor and Non-Minor Model Release: The CLIENT hereby grants PHOTOGRAPHER and it's legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT and/or the CLIENTS MINOR CHILDREN or in which the CLIENT and/or CLIENTS MINOR CHILDREN may be included with who is being photographed, for editorials, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT agrees that he/she is responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.The CLIENT hereby releases PHOTOGRAPHER and it's legal representatives and assigns from all claims and liability relation to said photographs.
8. Copyright and Licensing Notice
The images that are being provided to the CLIENT are licensed to for any reason personal, including but not limited to: printing, copying, emailing, and web publishing. The license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. The purchase of the original files releases Liz Krugliak Photography from any liability due to loss or damage of the images, and also releases Liz Krugliak Photography from any obligation to maintain copies of any digital file, image, or photograph.
In exchange for services provided, Liz Krugliak Photography retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, on any medium, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The Photographer retains these rights even if image files are turned over to the Client.
By signing this form electronically, I assert that this is equal to a penned signature and holds the same rights and responsibilities to the signed. I agree to sign this form electronically