This Portrait Photography Agreement (the “Agreement”) effective as of today’s date (the “Effective Date”) is made by and between the purchaser (the “Client”) and Jen Fairchild of jenFAIRCHILD Photography (the “Photographer”) pertaining to the services, payment and use of certain images and their derivatives (collectively, referred to herein as the “Photos”), which Photos will be taken by Photographer of Client on scheduled date (the “Shoot Date”), and which are more specifically described herein below. The Client and Photographer are sometimes collectively referred to herein as (the “Parties”).
For good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereby agree to the following terms and conditions:
01. Terms & Conditions
60 minute shoot
Private online gallery + print shop
All processed digital files
02. Retainer and Payment: Client shall reserve the Shoot Date by agreeing to the Terms & Conditions along with paying the non-refundable photography fee. No date is reserved until the Agreement and fee are completed.
03. Cancellation: Cancellations must be sent via email to firstname.lastname@example.org and received by Photographer no less than 48 hrs prior to Shoot Date. The total photography fee is non-refundable but may be put towards another Shoot Date (the “New Shoot Date”).
04. Rescheduling: If, for any reason, Client needs to reschedule the Shoot Date, Client is responsible for doing so via email no less than 48 hrs prior to Shoot Date. Client is allowed one reschedule after initial Shoot Date. Any rescheduling beyond that will result in a $75 fee that will be invoiced upon reschedule. A new contract must be signed with the New Shoot Date.
05. Liability: If the Photographer is unable to perform in accordance with this Agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, all monies received by Photographer, less pre-arranged travel charges, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera malfunctions, processing errors, software malfunctions, lost or damaged Photos, without fault of the Photographer, liability shall be limited to 20% of the total photography fee.
06. Photos: All Photos will be processed and edited exclusively by Photographer at the Photographer’s discretion. Photos made viewable to the Client by the Photographer may not include all Photos taken. The Photographer reserves the creative right to process and release only those Photos deemed credible as professional in quality, and in accordance with her artistic standards. Re-processing photos (converting from black and white to color or vice versa) that have already been delivered to client may only be re-processed at the sole discretion of the Photographer and may incur an additional fee. Photographer does not perform excessive retouching, including but not limited to: head swaps, removing large objects, inserting objects, body distortion etc.
07. Delivery Time and Method: Client will be contacted via email no more than 30 days after Shoot Date with the appropriate information to access private online gallery and download processed images.
07. Copyright of Photos: Any and all copyright privileges, rights and/or obligations belong exclusively to Photographer for use in her sole discretion, and this Agreement is not intended to, nor does it transfer any intellectual property (and/or rights, privileges or obligations which may be associated with the same) from Photographer to Client or to any other third-party who may discover or take possession of the Photos (or copies of the same).
08. Client’s Use of Photos: Digital files received by the Client will be high-resolution (‘original size’ 300 ppi) for printing, and low-resolution (‘social size’ 72 ppi) for social sharing. All files will be for personal use only. Client hereby agrees that he/she will not sell, transfer or otherwise convey publication rights pertaining to the Photos without the direct written consent of Photographer. Client agrees that he/she shall not alter the photos in any manner without the express written permission of Photographer. Client may share social size Photos on personal social media websites provided the following: Client credits jenFAIRCHILD Photography by tagging @jenfairchild_com and linking back to www.jenfairchild.com where possible.
10. Photographer’s Use of Photos: Photographer may, in her discretion and without prior consent of Client, use, re-use, publish and re-publish any or all of the Photos in whole or in part, in any medium hereafter known, and for any purpose whatsoever, including but not limited to: promoting her photography business, which includes but is not limited to use of the Photos in portfolios, exhibitions, websites, contests, advertising and/or for any other purpose which Photographer deems necessary as related to her business.
11. Client’s Waiver and Release of Liability: Client hereby releases and discharges Photographer and all of Photographer’s legal representatives, licensees and assigns (hereinafter “Photographer’s Agents”) from any and all claims, demands and liability ensuing from or in connection with (a) Photographer’s production of the Photos, including for any property damage occurring on or after the Shoot Date resulting from Photographer taking the Photos, or (b) Photographer’s and Photographer’s Agent’s use of the Photos, including any and all claims for libel and/or invasion of privacy. Client hereby confirms that all poses, positions and situations presented in the Photos were entered into willingly by Client, and without force or coercion.
12. Governing Law: The validity, interpretation and enforcement of this Agreement shall be governed by the laws of the State of Utah. The venue of any action filed under this Agreement shall be in the courts of the State of Utah or the federal district court for Utah.
13. Severability: In the event that any of the provisions, or portions or applications thereof, of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, the parties shall negotiate an equitable adjustment in the provisions of this Agreement with a view toward effecting the purpose of this Agreement and the validity and enforceability of the remaining provisions, so that portions or applications thereof, shall not be affected thereby.
14. Entire Agreement: This Agreement sets forth the full and complete understanding of the parties hereto as of the Effective Date, related to the subject matter hereof, and supersedes any and all prior negotiations and dealings.
15. Electronic Signatures: An electronically or digitally signed copy of this Agreement shall be deemed to have the same legal effect as delivery of a manually signed copy of this Agreement. Further, no certification authority or other third party verification is necessary to the validity of an electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of an electronic signature or the resulting contract. Any electronic document bearing a user’s electronic signature will be considered “in writing” and “signed.” Any electronically signed document shall be deemed to be an “original” document when printed and used in the normal course of business. Absent manifest error, the admissibility, validity, or use of any electronically signed document cannot be contested.
The Parties acknowledge that they have read, comprehend and agree to the foregoing terms and conditions as of Today’s Date. Each person agreeing as Client in the following form shall be fully responsible for ensuring that full payment is made pursuant to the terms and conditions of this Agreement.