Additional Contract Details(by booking this reservation client is agreeing to the following):
This agreement is between Stacey Lynne Photography/Stacey Lynne Berube (hereafter “Photographer” “the Photographer” or “Photography Company”) and CLIENT NAME AS FILLED IN BELOW (hereafter referred to as “CLIENT”).
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 the time and place booked. PHOTOGRAPHER and CLIENT are to arrive for the SHOOT listed. PHOTOGRAPHER agrees to provide the number of digital photos listed on www.staceylynnephotography.com/book-online for session type booked 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. PHOTOGRAPHER agrees to provide the number of digital photos listed on www.staceylynnephotography.com/book-online for session type booked with print release. SHOOT will be for length of time booked starting promptly upon time signed up. CLIENT agrees that number of photos provide may lessen if CLIENT does not arrive on time. CLIENT agrees to follow maximum number of individals listed on booking page, any additional people will incur an additional fee.
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum listed. CLIENT agrees to pay the photographer a non-refundable initial payment upon booking. 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 a reason PHOTOGRAPHER approves as "beyond reasonable foreseeability", the initial payment will be returned to CLIENT less 50% after attempting to reschedule. Reasons considered "beyond reasonable forseeability" will not include CLIENT scheduling conflicts, non-medically documented or minor illnesses, financial status, etc.
3. Work Product
PHOTOGRAPHER will post a sneak peak of no less than 1 image to www.facebook.com/staceylynnephotography within 7 days of the SHOOT. PHOTOGRAPHER will electronically deliver digital photos to CLIENT no more than fourteen days (21 days) after the date of the SHOOT. All photos delivered to CLIENT are licensed for CLIENT’S personal use only and cannot be edited. No physical photos are included in the package. They must be purchased separately.
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 more than 60 (sixty) 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 if location is determined by CLIENT. 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 and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties. If CLIENT does not want photos from this session used publicly CLIENT must provide written notice prior to session completion.
8. Inclement Weather
CLIENT understands that if, in the opinion of the PHOTOGRAPHER, inclement weather or other adverse conditions prevent the creation of a session meeting the standards expected, PHOTOGRAPHER may elect to use an alternate location or to reschedule the session. A choice of dates will be presented from PHOTOGRAPHER to CLIENT within 3 business days of canceled session. If none of the reschedule options are acceptable by CLIENT, PHOTOGRAPHER will refund entire payment and contract will be null and void.
9. 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.
10. Hold Harmless
CLIENT agrees to hold PHOTOGRAPHER harmless from any and all claims, loss or damage to my(and all participants) person, personal property, liabilities and costs, including attorney’s fees, as a result of my participation in this photoshoot, including travel to and from the photo shoot or any events incidental to this photoshoot. CLIENT understands it is their sole responsibility to ensure their safety and the safety of those involved. CLIENT understands that they are waiving all right for compensation, legal suit, or retribution.