PHOTOGRAPHY SESSION AGREEMENT
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Others Being Photographed
If there are children involved in this photography session, please list them here by their full name(s). Only those to whom you have legal authority to sign for may be listed here. All other parties must complete their own separate agreement.
Your Preferred Session Date
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Please read the following terms and conditions of the Photography Session Agreement.
This Agreement is made effective for all purposes in all respects as of the date of this form submission by and between Mark Bilodeau, hereinafter referred to as the “PHOTOGRAPHER” and the client and representative named above, hereinafter referred to as the “CLIENT”, relating to the photo session and/or event(s) being reserved herein, hereinafter referred to as “The SESSION”. The PHOTOGRAPHER and the CLIENT will be collectively known for the purposes of this Agreement as the "PARTIES". The PARTIES agree to the following:
This Agreement contains the entire understanding between the PHOTOGRAPHER and the CLIENT. It supersedes all prior and simultaneous agreements between the PARTIES. The only way to add or change this Agreement is to do so in writing, signed by all PARTIES. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this Agreement or any failure by one or both PARTIES to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement. The CLIENT Representative named in this Agreement warrants that he/she has official authority to enter into this Agreement on behalf of the CLIENT and the List of any other Individuals to be Photographed in the SESSION, and shall indemnify and defend the PHOTOGRAPHER in the event of litigation arising out of use of any/all images produced by this Agreement by the PHOTOGRAPHER.
This submitted form and a non-refundable retainer of service in the amount of CAD$450 are required to reserve the date(s) and time(s) of the SESSION.
The PHOTOGRAPHER agrees to reserve the scheduled date(s), time(s) and location(s). Notification of any changes in schedule or location must be made in a timely manner. Any/all changes to the schedule or location are subject to the approval and availability of the PHOTOGRAPHER. Confirmation of receipt and compliance from the PHOTOGRAPHER must be obtained by the CLIENT.
The PARTIES agree to cheerful cooperation and communication for the best possible result within the definition of this SESSION. The PHOTOGRAPHER is not responsible if key individuals fail to appear or productively cooperate during the SESSION or for missed images due to details not revealed to the PHOTOGRAPHER. The CLIENT remains responsible for the full agreed value of the SESSION. Any re-shoots or additional photography sessions required due to the failure of cooperation by any key individual(s) shall be considered and billed as a separate photography session, to be booked at the discretion of the CLIENT.
The PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the SESSION without penalty or loss of fees if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behaviour from any person(s) at the SESSION; or in the event that the PHOTOGRAPHER feels his/her safety is in question.
SHOOTING TIME / ADDITIONS:
Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the SESSION, shooting will commence at the time of the CLIENT's arrival and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT at a rate of CAD$100 per each 30 minute interval or portion thereof.
Wherever applicable, the CLIENT is responsible for all travel, parking, accommodation, meal, equipment rental and transport costs unless otherwise specified or waived by the PHOTOGRAPHER. All travel expenses are based on the distance between the SESSION location(s) and the PHOTOGRAPHER's studio address. For any SESSION(s) within Calgary, travel is included in the contract price. Any SESSION(s) outside Calgary city limits will be billed for round trip travel at a rate of CAD$0.75/Km.
VENUE & LOCATION LIMITATIONS:
The PHOTOGRAPHER may be limited by the rules, guidelines and available space of the location(s). The CLIENT agrees to accept the technical results of their imposition on the PHOTOGRAPHER. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the PHOTOGRAPHER will offer technical recommendations only.
The CLIENT is responsible for acquiring any/all permits and necessary permissions for all locations on which the PHOTOGRAPHER will be performing services.
COPYRIGHT & LICENSING:
The images produced by the PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER’s explicitly written permission. Upon final payment by the CLIENT, limited permission of usage of the resulting images will be transferred to the CLIENT. Upon final payment by the CLIENT, the PHOTOGRAPHER grants the CLIENT permission to share the final provided images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered. The CLIENT understands and agrees that any/all low-resolution images hosted on the PHOTOGRAPHER's website are to be used for review/selection purposes only and may not be reproduced or distributed or printed by any means whatsoever. The CLIENT must obtain written permission from the PHOTOGRAPHER prior to printing, publishing or selling the photographs.
The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
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, rendering of decorations, or restrictions of the locations. The PHOTOGRAPHER is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The PHOTOGRAPHER is not held liable for missed coverage of any part of the SESSION. The PHOTOGRAPHER will not be held accountable for failure to deliver images of any individuals or any objects at the SESSION.
LIMIT OF LIABILITY:
In the unlikely event that the PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, weather conditions, act of God, act of terrorism, or other cause beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER will make every effort to reschedule. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons within or beyond the PHOTOGRAPHER's control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER's liability is limited to scheduling a new session in order to complete services paid for. The PHOTOGRAPHER is not responsible for refunding any fees or any other expenses paid by the CLIENT to the PHOTOGRAPHER or any third party such as a makeup artist. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year. The PHOTOGRAPHER is not responsible for or liable in any way for any damage to or loss of the CLIENT's belongings or for any personal injury to the CLIENT before, during or after the SESSION. The CLIENT shall indemnify, defend and hold harmless the PHOTOGRAPHER and his/her agents and employees from and against any/all claims, damages, losses and expenses, including but not limited to attorney fees arising out of or resulting from the performance of the work described in this Agreement.
CAPTURE & DELIVERY:
The PHOTOGRAPHER is not liable to deliver every image taken at the SESSION. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.
POST PRODUCTION & EDITING:
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.
The CLIENT may cancel the PHOTOGRAPHER's services without penalty at any time up to and including a minimum of three (3) calendar weeks prior to the SESSION. If the CLIENT chooses to cancel within two (2) calendar weeks of the scheduled date of the SESSION, the CLIENT is liable for and must forfeit a fee in the amount of 50% of the total retainer value to cover financial losses and damages incurred by the PHOTOGRAPHER. If the CLIENT chooses to one (1) calendar week or less to the scheduled date of the SESSION, the CLIENT is liable for and must forfeit the full amount of the retainer of service to cover financial losses and damages incurred by the PHOTOGRAPHER.
The aforementioned CAD$450 retainer of service is due in full at the time of submission of this Agreement. In the event the CLIENT fails to remit payment as specified, the PHOTOGRAPHER reserves the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not attend the SESSION. Any/all costs associated with portrait purchases will be due in full at the time of ordering. Payment can be made via cash, e-transfer or credit card. All credit card payments are subject to a 3% administrative fee. NSF payments will be assessed a CAD$100 non-sufficient funds fee.
Services or merchandise not included in this initial Agreement will be sold at the current price at the time the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the PHOTOGRAPHER.
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© 2018 Mark Bilodeau. All Rights Reserved.