Photography Contract
SIMMONS PHOTOGRAPHY - FAMILIES & COUPLES
This agreement is between the signed client, hereinafter referred to as the "Client(s)", and Simmons Photography, hereinafter referred to as the "Photographer(s)".
PERFORMANCE OF SERVICES: Photographer agrees to create high quality photographs ideal for web display or print. Photographer will use professional hardware and software to provide digital images to represent Photographers artistic style. Photographer agrees to provide a digital preview within 2 days of session date unless stated otherwise in writing. It is the responsibility of the client to familiarize themselves with the creative style of the photographer prior to the photoshoot and vocalize any editing concerns once preview is delivered.
PACKAGE TERMS: Photographer will only perform one type of photoshoot per paid session. All modifications made to package must be agreed upon prior to shoot including additional parties/pets joining the shoot.
PAYMENT: Client agrees to pay the final amount upon date of or prior to photo session. In return, Photographer agrees to provide all images digitally within 14 days of the session. The Photographer agrees to provide preview of images. It is the responsibility of the client to familiarize themselves with the creative style of the photographer prior to the photoshoot and vocalize any editing concerns once preview is delivered. Cosmetic editing requests will be met with a retouching fee of $5/image, client is not to edit or temper with photos.
DEPOSIT: At the time of booking client agrees to pay an non-refundable amount of $50 to secure session date. The deposit amount will be applied towards the session fee for photography services.
CANCELLATION POLICY: All deposit fees are non-refundable. If cancellation is initiated by the photographer, deposit will be refunded.
RESCHEDULING POLICY: There is a non-refundable $25 fee for rescheduling photo sessions. This amount will not be applied towards the session fee for photography services. Client is exempt from this policy if they test positive for COVID-19 or the weather conditions are not favorable for photography at clients desired photo location.
CHILD POLICY: Kids will be kids, they will either be great or not smile for a single photo. Photographer will do their part to try to encourage the child to want to take the photos, however, if child does not cooperate, session must still be paid in full, and if wanting a reschedule it will still be full price.
TIME OF DAY AGREEMENT: Photographer will always recommend taking photos at Golden Hour or Blue Hour for the best quality photos (times will be discussed at scheduling). If client wants a different time from these, or photographer is already booked up and client agrees to a non Golden or Blue time, CLIENT IS AWARE that photos will be recommended in shade other wise, shadows can appear, photos can be bright, or can be uneven lighting. Photographer will do their part to take the absolute best photos for lighting conditions, but client needs to be aware.
TRAVEL: Photographer agrees to perform photography services within Henry County, IN. Any mileage outside of Henry County will result in a traveling fee which reflects the national standard milage rate - 58 cents per mile.
WORK PRODUCT OWNERSHIP: Any copyrightable works, ideas, discoveries or products (ie - “the work”) remain under the ownership of the photographer. Under no circumstances does this ownership transfer to the client. To ensure this is honored, no RAW images will be provided. You DO have all rights to printing!
REFUND POLICY: Refunds are not available.
LATE-TO-SESSION POLICY: Client agrees to be prompt and acknowledges that their session will start and end at the time agreed upon with the photographer.
IMAGE ARCHIVE: All images will be available for download for 8 weeks following the session date. However, after 1 week of delivery photographer will no longer have RAW files to keep space on SD card. Photographer may retain certain images for promotional purposes. Photographer is not responsible for storing images beyond the 8 week period. Client agrees to download and safely store images upon receiving them.
MODEL RELEASE: Upon signing this contract, client assigns full copyright of images, including those containing minors*, to the photographer to be used for marketing purposes and waives any rights to review/approve published material.
*Client may request exemptions for minors
LIABILITY RELEASE: Client agrees to follow any and all state and local guidelines regarding COVID-19 safety. Including but not limited to the proper usage of masks when required, social distancing, proper hand sanitization, and other posted guidelines during our photo session with the photographer. Client agrees to notify photographer of any illness or close contact so that photographer may assess their own risk without penalty to client.
ASSUMPTION OF THE RISKS AND RELEASE: Client understands that there is an inherent risk associated with the above described activity and assumes full responsibility of injury or illness to self (and if applicable) family members. Client further release and discharges the photographer for any illness or injury that may occur as a result of the photo session.
INDEMNIFICATION: Client agree to indemnify and defend the photographer against all claims, medical fees, judgements, legal fees and other litigation costs that may arise from the result of the photo session.
DURESS: Client acknowledges that they are under no duress to sign this liability waiver and have been given ample time to review before signing.
SIGN HERE
I hereby acknowledge that I have read this contract and have paid special attention to the cancellation / rescheduling policies and additional retouching / traveling fees. I have familiarized myself with Simmons Photography’s work and trust their artistic direction.
The following serves as my legal signature: