The Photographer shall be the exclusive photographer retained by the Client for purpose of photographing the client. Any/all associate photographers shall be arranged by Photographer.
Retainer and Payment.
This contract between Amanda Lynn Photography and the Client shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Amanda Lynn Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date/time. For this reason, in the event that the Client cancels the contract for any reason outside of 48 hours from the session, all monies paid shall be retained by Amanda Lynn Photography in order to offset it's loss of business.
Point of delivery for all products is my studio in Fort Worth, Texas.
If the Client shall cancel 24-48 hours before the portrait session date, the portrait session will be rescheduled for a later date within one year of original time of booking. The Creation Fee shall be forfeited if the session has not occured within a year from the original time of booking.
Photographer owns copyright on all photographic materials, including but not limited to negatives, CDs, transparencies, proofs, and previews.
Photographer will archive original images for a period of three months from date of session.
If purchased, the Client will obtain prints/digital originals for personal use only (unless purchased for business purposes, in which case they are only to be used for business purposes), and shall not sell said prints/digital originals or authorize any reproductions thereof by parties other than the Photographer, including scanning. Client shall make no alteration(s) to the digital file(s), including editing in software (i.e. instagram, photoshop, etc) or cropping. This changes the inherent quality of the image which reflects negatively upon the photographer’s work.
The digital images are available complimentary with a qualifying purchase. The high resolution digital originals are delivered in February of the following year. They are intended for archival purposes but may be printed up to 8x10. They are intended for single use only, therefore they may not be printed for holiday cards, etc. Low resolution digital originals are provided complimentary with each image purchased and are intended for electronic sharing only. The client shall make no alterations to any digital originals as stated under "client usage".
Ownership and Reproductions.
The Photographer shall own the right to all images created and shall have the right to make reproductions. The Photographer and/or associates may make reproductions for the Clients or for the Photographer’s and/or associates portfolio, samples, self-promotions, advertising, publications, books, magazines, websites, editorial use, entry in contests or exhibitions, vendor use, for sale or display. If the Photographer and/or associates desire to make other uses, the Photographer and/or associates shall do so without first obtaining the verbal or written permission of the Client. Agreement below also serves as a model release for unlimited usage and unlimited time.
Failure to Perform.
If the Photographer cannot perform this Agreement due to a fire or other casualty, act of God, other cause beyond the control of the parties, Photographer’s illness, or other reason, then the Photographer shall return all money paid to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost, stolen, damaged and/or unusable. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of any money paid.
The parties agree that positive and consistent cooperation and communication be in place at all times for the best possible result within the definition of this assignment. Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Photographer in writing. Client furthermore agrees to not hold Photographer liable for any images of poor quality or images missed.
The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer will make effort to provide a substitute photographer should the need arise and by signing, the client agrees to this option. Although substitutes are selected with the highest level of experience and professionalism, each individual photographer has their own creative style and technique. Consequently, Photographer is not personally liable for the acts of the substituted photographer. Although not anticipated, should a problem arise with the substituted photographer, every effort will be made to help remedy the problem. Additionally, every effort will be made for the client and the substitute photographer to confer prior to performance to ensure that the photographer is fully aware of the client’s requirements and specifications.
Client is aware that color dyes in photographs may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
Photographer(s) will use high quality equipment, film, developing tools, products, services, and/or technology, but cannot be responsible for any defects in manufacturing of each product or other unforeseen conditions which could result in damage to the film or digital media. The Photographer shall not be liable for any amount in excess of any money paid.
Photographer’s Standard Price List.
The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and orders made within 3 months of the time of booking shall be charged at the prices in effect at the time when the booking takes place. After the 3 months expiration, the orders shall be charged at the current price list.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
This Agreement shall be governed by the laws of the State of Texas.