General Photography Contract with Model Release
Please review the terms in full. Further instructions are at the bottom.
This agreement is made between the CLIENT, and the PHOTOGRAPHER, Joshua Holman Photography.
1. Scope of Work:
The PHOTOGRAPHER and CLIENT are to arrive for the session at the specified time, date, and location as determined through tidycal.com
2. Retainer and payment:
Upon the CLIENT's completion of booking through tidycal.com to include payment of the non-refundable sitting fee, the PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that time and date. The CLIENT will make payment in full in accordance with the invoice prior to SESSION beginning.
3. Work Product:
All photographs will be shot in digital format. The CLIENT will select two (2) images from the SESSION proofs for the PHOTOGRAPHER to edit. Proofs and final edits will be provided to the CLIENT as digital images via Google Drive or equivalent. Final edits will be sized optimally for social media use. All images from the SESSION will be made available on a private online gallery available for the purchase of prints or digitals no later than two (2) weeks after the SESSION. When the online gallery is delivered, it shall remain open for one (1) calendar year.
*Be advised that RAW files will not be provided and may be destroyed at any time after the online gallery has closed.*
4. Rescheduling/Late Arrivals:
4.1 – In the event the CLIENT requests to reschedule its session on account of illness, emergency, act of God or any cause outside its control, the retainer will be applied to a rescheduled session. The rescheduled session will be at the discretion and availability of the PHOTOGRAPHER.
4.2 – Requests to reschedule by the CLIENT for any reason other than a reason under clause 4.1 is at the discretion of the PHOTOGRAPHER.
4.3 – The rescheduled session must be within two (2) weeks of the original session date (or a longer period as agreed by the PHOTOGRAPHER and the CLIENT) as an addendum to this contract and is subject to the availability of the PHOTOGRAPHER.
4.4 – Given the nature of the SESSION, the CLIENT will arrive ten (10) minutes prior to the SESSION start time and date. Tardiness on behalf of the CLIENT may result in an abbreviated or rescheduled session depending on the time remaining in the SESSION.
5. Cancellation:
If the CLIENT cancels the SESSION or fails to show within twenty (20) minutes of the scheduled time, all payments made to the PHOTOGRAPHER will be forfeited and released to the PHOTOGRAPHER unconditionally.
6. Indemnification:
6.1 – The PHOTOGRAPHER and CLIENT agree that the PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SESSION. 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.
6.2 – If the 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: the PHOTOGRAPHER will make reasonable efforts to arrange a substitute photographer who is prepared to perform the services under this contract for the price agreed in this contract. If the fees to be charged by the substitute photographer exceed the fees payable by the CLIENT under this contract, the CLIENT will be entitled to elect: to engage the substitute photographer (in which case, CLIENT shall be liable for any additional fees charged by the substitute photographer); or to require PHOTOGRAPHER to return in full all payments in accordance with subparagraph 2 above. If the PHOTOGRAPHER is unable to perform services and unable to secure a substitute photographer, the PHOTOGRAPHER will return in full all payments made by the CLIENT in relation to this SESSION.
6.3 – The PHOTOGRAPHER reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this contract. The PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism.
6.4 – If the 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 will be limited to the repayment of amounts paid to the PHOTOGRAPHER under this contract.
6.5 – The CLIENT understands and agrees that the PHOTOGRAPHER is not required to maintain copies of the photos from this SESSION more than fourteen (14) days after the online gallery has closed. The CLIENT will have fourteen (14) days after gallery delivery to make the 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 14-day term has expired, the PHOTOGRAPHER will no longer be liable to the CLIENT for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by the PHOTOGRAPHER if requested by CLIENT. Be advised, an hourly fee of $60 per hour for retouching will be billed with a minimum of one hour required.
6.6 – The CLIENT agrees to indemnify and hold the PHOTOGRAPHER harmless for any and all personal injury which may occur during the course of the SESSION and the area immediately surrounding SESSION:
6.6.a. – Including any personal injury arising from or connected with any negligent act or omission on the part of the CLIENT.
6.6.b. – Excluding any personal injury arising from or connected with any negligent act or omission on the part of the PHOTOGRAPHER.
6.7 – The CLIENT agrees to indemnify and hold the PHOTOGRAPHER 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 contract.
6.8 – The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.
6.9 – The PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the SESSION if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from anyone at the SESSION; or in the event that the safety of the PHOTOGRAPHER or staff is in question. If the PHOTOGRAPHER leaves the SESSION in accordance with this clause, the PHOTOGRAPHER will not be liable to refund any amount to the CLIENT, but will be obliged to provide the CLIENT with photographs taken prior to leaving the SESSION.
7. Exclusive Photographer:
The CLIENT agrees and understands that no other party other than the PHOTOGRAPHER and its staff 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 SESSION. The CLIENT agrees to do all things reasonably requested by the 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 – The 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, social media, and/or studio. The CLIENT releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by the PHOTOGRAPHER which is consistent with this agreement.
8.2 – Should the images contain a child or children, the 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
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