Portrait Photography session contract

This agreement is made effective in all respects by and between Early Bird Photo LLC, hereinafter referred to as "THE PHOTOGRAPHER" and and You, the "Client":

Name *
Phone *
Address *
Pre-Session Consultation: The Photographer will meet with the client in person if possible to go over their goals for the session and product pricing. The Photographer will discuss session design as well as final product goals for the Client and assign any homework. Retainer Fee: The Retainer Fee is 100% of your Session Fee and is due at the time of booking and reserves the Client's session date. Retainer Fee is made through the Photographer using a Credit Card or a check can be mailed. Rescheduling: 24 hours notice before the session is needed if the Client would like to reschedule. The Retainer fee will be held and applied to the rescheduled session, only one reschedule is allowed. Any cost for location usage will be paid for by the Client. Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. Cancellations: 100% of the Retainer Fee will be refunded if the Photographer is notified of Cancellation 2 weeks BEFORE the session date, 50% will be refunded if not notified of Cancellation until 1 week before the session date. No refund is available if session is Cancelled less than 24 hours before the session. Retainer Fees are non-transferable between parties. Cooperation/No Shows: The Photographer is not responsible if the Client and/or key individuals fail to appear or cooperate during the session, or for missed images due to details not revealed to the Photographer. If the Client and/or key individuals fail to appear to a scheduled portrait session, the Retainer Fee is non-refundable. Session Requests: - No cameras/videos/phones are allowed during the session unless a prior written agreement has been made. - Only the subject(s) of the session and their parent(s) and or guardian should be present at the session. - Please arrive up to 15 minutes prior to your allotted session time. Arriving late may result in fewer images due to the shortened timeframe. If the Photographer is late, your session time will be extended by the same number of minutes. - This agreement, including the Model Release, must be signed before the session. Unsigned Agreements = no photo session. The Photographer is available for a consultation, before the session, in order to discuss and and explain any questions the Client may have. Weather: If it is not possible for a sesssion to take place on a scheduled day due to weather, the Photographer and Client will reschedule on an agreed upon date at the earliest date possible, with no additional charge. Copyright & Penalties: For a copy of US Copyright law please click here. The Photographer has full copyright ownership to any photographs he/she captures. All Images are protected under Federal Copyright Law and remain the copyright of the Photographer. It is Illegal to copy, scan, download, print, modify, re-produce, or otherwise steal any image created by the Photographer unless given written consent in the form of a Copyright Release. This applies to images posted in a Private Online Gallery, Blog, Facebook, Instagram, Hard Copy Images, etc. If the Client steals images via any method above or any other method, the Client will be charged legal fines and invoiced for the cost of EACH digital image stolen, at the Photographer's current price per image. Printing rights are not the same as Copyright. If you, the Client, have any questions regarding copyright and the use of photographs please contact the Photographer. Model Release: If optional Model Release is not signed the Client loses the privilege to have photos showcased by the Photographer. The Model Release form grants the Photographer the irrevocable and unrestriced right to use and publish photographs of the Client, Client's child/children, or other photos from the session. The Client may not be included said photos for editorial, trade, advertising, social media, and other purposes, and in any manner and medium. Editing/Ordering Session: The Photographer will handpick the session's best images. Each of these images will be retouched and enhanced based on the Photographer's artistic vision. The Photographer reserves the right to edit and release only those deemed creditable as profession in quality and within Photographer's artistic standards. Within two weeks of your photoshoot the photographer will schedule/host an ordering session where the all decision makers will come together to reveal the session's images and all product orders will be placed. Additional orders may be added on after the ordering session, however, if an additional ordering session in person is needed a $150 fee will apply. The Client's final Gallery images will be archived with the Photographer for 6 months from the session date. Re-orders will be priced according to the Photographer's current price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Print and product orders are placed through the Photographer directly. All orders are fulfilled through a Professional Photo Lab and are guaranteed to be of the highest quality. Payment is due in full at the time of the order. Due to the custom nature of photography, all sales are final. However, should something not meet the Client's expectations, it is the Client's responsibility to contact the Photographer and the Photographer will work to resolve the issue to the Client's satisfaction. Orders are usually delivered within 2-3 weeks of placing the order. However, specialty or large orders can take up to six weeks. Digital Images/Social Media: Digital Images may be purchased in addition to or included with your session. These are delivered in your Private Online Gallery. Depending on what type of images are purchased you may receive high resolution images for unlimited personal printing and/or low resolution watermarked images which can be used for web and social media purposes. The Client may share blog post links, Facebook posts, etc through the use of the share functions and dissemination of direct links. The Client shall not copy, download, screenshot, or capture the photographs in any other fashion. The watermarked, web-sized images are for online sharing, such as Facebook, Instagram, blogs, email, etc. Web-sized images have been optimized to look best online but will not print well. Please leave the watermark on the photos when sharing. This is for the Client's protection as well as the Photographer's. Watermarking greatly discourages theft of photos. Photos posted online without the watermarks are allowed as long as photo credit is given to the Photographer. However, these are easily stolen and might be used inappropriately by thieves e.g. thief entering a photo of the Client's child in a contest. A watermark would force the thief to provide proof of ownership and/or prevent them from using the image as their own. Delivery: The Client can pick up their order from the Photographer. If the Client is not able to pick up order delivery is available and a standard shipping charge does apply. Most items will arrive in 2-3 weeks. Large or custom orders could take up to 6 weeks. Payments: Payments are accepted via Credit Card (PayPal, Square, etc.), Checks made out to Early Bird Photo, or Cash. A $25 fee applies for any bounced/returned check. Product Credits: Gift Certificates, Special Offers and other credits are non-transferable and are not redeemable for cash. Signature: By signing below you, the Client, are stating that you have read and understood the information in this agreement. I, the Client agree to the terms of this agreement. To accept this contract, type your name below
Model Release
For good and valuable consideration herein acknowledged as received, and by signing release Client herby gives the Photographer and Assigns Client's permission to license the images and to use the images in any media for any purpose (Except pornagraphic of defamatory) which may include, among others, advertising, promotion, marketing, and packaging for any product or service. The Client agrees that the images maybe combined with other images, text and graphics, and cropped, altered, or modified. The Client acknowledges and agrees that they have consented to publication of their ethnicity(ies) as indicated below, but understands that the other ethnicities may be associated with images of the Client by the Photographer and/or Assigns for descriptive purposes. The Client agrees that they have no rights to the images, and all rights to the images belong to the Photographer and Assigns unless otherwise stated in writing. The Client acknowledges and agrees that they have no further right to additional consideration or accounting, and that they will make no further clam to any reason to the Photographer and/or Assigns. The Client acknowledges and agrees that this release is binding upon their heirs and assigns. The Client agrees that this release is irrevocable, worldwide and perpetual. By signing below you, the Client, are stating that you have read and understood the information in the Model Relase. Model Release approval must be made by a Parent/Guardian if any photo session participants are under 18 years of age. By signing below you agree that you're the parent/guardian of any photo session participants under 18 years of age and are approving the Model Release for them. Signature To accept this Model Release, type your name below