This Photography Contract is made between Little Ivory Photography, the “Photographer” and the “Client”.
DESCRIPTION OF SERVICES. Photographer will provide scheduled session for Client. The Session shall be complete when Photographer has obtained the necessary photographs of Client.
PHOTOGRAPHER’S PERFORMANCE OF SERVICES. (1) Photographer will coordinate with the Client to plan and execute the Session based on the photographic needs of the Client; (2) Photographer will accommodate the Client’s stated photographic requests, provided all conditions necessary to take the photograph are available during the Session, allowing for artistic expression; and (3) Photographer agrees to use photographic equipment that is capable of producing high-resolution images.
CLIENT’S AGREEMENTS RELATED TO SERVICES. (1) Client agrees to obtain all necessary permissions to photograph in any physical location; (2) Client shall not request that Photographer enter any private or closed areas during the session; and (3) Client agrees to obtain any necessary permits and to pay any fees necessary for the Session.
SESSION RETAINER PAYMENT. Client agrees to pay Photographer a sum of $100 to reserve the time for the Session. This Session Retainer Payment is non-refundable and must be paid in advance of the Session. No date is reserved until the contract and session fee are received.
Remaining balances due must be paid in full the day of the ordering appointment unless payment plan is agreed upon in advance. (NO EXCEPTIONS). In the event the client fails to remit payment as specified, the photographer has the right to immediately terminate this agreement with no further obligation, retain any monies already paid.
NO REFUNDS. Photographer shall make every effort to ensure that Client is satisfied with the photographs delivered under this Agreement. Because photography is, by nature, subjective and the services to be performed under this Agreement are custom, Client shall not be entitled to refunds for services rendered under this agreement.
RETURNED CHECK FEE. Photographer shall pay a service fee of $35 for any checks that are returned for insufficient funds. In the event of a returned check, Client shall be responsible to pay this returned check fee in addition to the amount otherwise due under this Agreement.
RESCHEDULING POLICY. Client may not reschedule the session with less than 12 hours’ notice. Any attempt to reschedule made with less than 12 hours’ notice shall result in forfeiture of the session and the payment(s) hereunder. To the extent that Photographer must cancel the Session, all monies paid to Photographer from Client shall be fully refunded. The refund shall be paid out within thirty (30) calendar days from the cancellation date.
CANCELLATION: Cancelations must be done at least 24 hours in advance from scheduled session date. If for any reason client cancels the booked session photographer will keep the retainer/session fee.
DUTY TO ARRIVE ON TIME. Photographer and Client are obliged to show up on time for the Session.
If Client is late to the Session, Client shall not be entitled to an extension of the time to complete the Session. Photographer shall make reasonable efforts to complete the Session during the time available but cannot guarantee completion if Client is late.
If Photographer is late to the scheduled Session and is unable to obtain the necessary images as a result, Client shall have the option to either reschedule the Session or receive a pro-rated refund of the fee.
MAKEUP, HAIR, AND WARDROBE. Client is solely responsible for hair, makeup, and wardrobe. Client should arrive at the Session prepared for Photographer to begin shooting, with hair and makeup complete and wearing the initial wardrobe. The Session shall not be extended as a result of delays arising from hair, makeup, or wardrobe.
SAFETY OF CLIENT AND PHOTOGRAPHER. It is important that both Client and Photographer feel safe throughout the Session. The parties agree as follows with respect to safety:
Photographer has the absolute right to refuse to continue with a shoot if, at any time, Photographer feels unsafe (with respect to Photographer’s person and/or property) or is subjected to harassment, threats, abusive behaviors, or other hazardous conditions (whether from Client or from others in the immediate environment). If the threat, abuse, harassment, or other unsafe condition is not the result of any action by Client, Photographer and Client shall either reschedule the Session or move the Session to a non-threatening location. If Client harasses, threatens, or abuses Photographer or puts Photographer in a hazardous position, Client shall not be entitled to a refund or to have the Session rescheduled.
Client has the absolute right not to feel uncomfortable or unsafe during the Session. Photographer does not want anyone to do something that they feel is risky, dangerous, or inappropriate. Client agrees to raise concerns as soon as they arise. Photographer shall comply with any requests and honor any concerns raised by Client. Because Client is responsible for voicing any concerns, Client agrees not to hold Photographer liable for any injury, harm, or damage that may occur during the Session, including from Client taking direction from Photographer. By following the direction of Photographer without stating concerns, Client takes full responsibility for Client’s actions and all consequences of those actions.
INCLEMENT WEATHER. To the extent that the Session is scheduled to occur outside and is interrupted or prevented by inclement weather, Photographer and Client shall determine a suitable alternate location. Photographer and Client shall discuss potential inclement weather on the day of the shoot and make a determination whether the Session should be relocated.
MODEL RELEASES. All subjects in the photographs will be required to sign a model release before photographs will be taken. To the extent that any minors will be included in the photographs, Photographer shall require a model release executed by the minor’s parent or guardian before photographs will be taken.
SELECTION AND ORDERING. Photographer and Client shall schedule an in-person ordering appointment to occur 2 weeks after the Session. During that appointment, Client shall select the final images and photographic products Client wishes to purchase.
PAYMENT FOR PHOTOGRAPHIC PRODUCTS SELECTED. Client agrees to pay Photographer for the photographic products selected based upon the pricing schedule attached hereto as Exhibit A.
PICK ONE OF THE FOLLOWING:
SINGLE PAYMENT OPTION - This fee shall be due and payable at the time of the selection and ordering of the photographic products. All fees are non-refundable.
PAYMENT PLAN OPTION - This fee shall be due and payable in 2 equal installments. The first payment is due and payable at the time of the selection and ordering of the photographic products, with the following installments due 2 weeks following. All fees are non-refundable.
DELIVERY OF PHOTOGRAPHIC PRODUCTS. Photographer shall deliver the photographic products selected and purchased by 2-4 weeks after the in-person selection appointment at a time that is mutually agreed upon by the parties at that appointment. The photographic products shall not be delivered until Client has completed all payments due under this Agreement.]
ARCHIVAL OF IMAGE FILES. Photographer is not obligated to store electronic copies of any photographs after they are delivered to Client. After delivery, Client is fully responsible for care and safety of the photographs, and Photographer may discard the photographs and all electronic copies of the photographs.
COPYRIGHT OWNERSHIP. Photographer shall retain the copyrights to all photographs and other works created under this Agreement. Photographer may use the photographs to promote Photographer’s business and to include the photographs in Photographer’s portfolio, on Photographer’s website, and in any other promotional material created by Photographer.
Photographer covenants and agrees not to sell or license any photographs produced under this Agreement to any third parties without Client’s consent.
LICENSE GRANT. Photographer agrees to grant and hereby does grant to Client a fully paid-up, royalty free, non-exclusive, non-transferable, perpetual, irrevocable license to use the photographs produced under this Agreement, subject to the following limitations.
Client may NOT: (1) sell copies of the photographs to anyone, (2) enter the photographs into any contests, (3) provide the photographs to be used as stock photos, (4) provide the photographs to any third party to be used on social media, (5) use photographs in association with any illegal activities, (6) use photographs in association with any pornographic business or venture, or (7) manipulate, edit, or add filters to photographs in an manor.
Client is not required provide attribution or otherwise credit the Photographer in any way, but Client may not falsely represent or imply that the photographs are attributable to anyone other than Photographer. While attribution is not required, it is appreciated where appropriate. Should Client wish to credit the Photographer, Client should do so in the following ways based on the platform being used:
On a Website: www.littleivoryphotography.com
On Facebook: Little Ivory Photography
ASSERTING COPYRIGHTS AGAINST INFRINGERS. As the owner of the copyrights in the photographs, the Photographer shall have the right, but not the obligation, to take legal or other action to enforce the copyrights, including by sending cease and desist letters, sending demand letters, sending Digital Millennium Copyright Act takedown notices, and/or filing lawsuits or other legal actions against infringers. To the extent Photographer takes such action, Photographer shall bear all costs and associated with the enforcement action and shall be entitled to all proceeds from the enforcement.
RELATIONSHIP OF PARTIES. Photographer is an independent contractor with respect to Client. Photographer is not an employee of Client, and this agreement does not create a partnership, joint venture, or any other relationship between the parties.
REPUTATION MANAGEMENT. This agreement is not an endorsement by either party of the other. Neither Photographer nor Client is required to disclose the relationship or promote the services or products of the other. Each party may disclose the relationship so long as the nature of the relationship is not misconstrued in any way.
MUTUAL INDEMNIFICATION. Photographer agrees to indemnify and hold harmless Client from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against Client by any third party that result from the acts or omissions of Photographer, Photographer's members, if any, and Photographer's agents. Client agrees to indemnify and hold harmless Photographer from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against Photographer by any third party that result from acts or omissions of Client, its members, if any, and its agents.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 5 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this agreement.
FORCE MAJEURE. If performance of this agreement or any obligation under this agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party reasonably timely written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly, cooperative negotiations. If the matter is not resolved by negotiation, the parties will resolve the dispute using Alternative Dispute Resolution, as follows:
Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation. If mediation is unsuccessful, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association, with the arbitration to be held in Arizona. The arbitrator's award will be final, and any court having property jurisdiction may enter judgment on that award. Any action to enforce or challenge the arbitrator’s decision shall be initiated in the Federal Courts in Arizona.
ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this agreement. This agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
AMENDMENT. No amendment to or modification of this agreement is effective unless it is in writing and signed by each party.
GOVERNING LAW. This agreement shall be governed by the laws of Arizona.
NOTICE. Any notice or communication required or permitted under this agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER. No waiver by any Party of any of the provisions of this agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
ASSIGNMENT. Neither party may assign or transfer this agreement without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.