AGREEMENT TERMS & CONDITIONS
PAYMENT ARRANGEMENT: The client will pay the photographer the total fee specified in the invoice they receive from the photographer. The total fee will include the amount specified for collection, and mileage.
MILEAGE IS $80 FOR YOUR EVENT!
For photography sessions beyond 70 miles of the city limits of Nixa Missouri, the client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of $0.55 per mile and will be clearly added on the photographer’s invoice to the client.
ALL milage is NON-REFUNDABLE!
The total fee presented on photographer’s invoice to the client is payable a week before the time of the specified event unless otherwise outlined below:
Lodging: In the event that Lodging is necessary in order to complete the agreed-upon photo session the Client agrees to pay no less than $100.00 to the photographer at the time of the session.
30 percent of the total amount is a non-refundable deposit. The deposit and a signed copy of this agreement are required to reserve an event date.
Please advise your guest at your event to not touch, or move the photographer's equipment. That includes but not limited to flash stands, go-pro stands, backdrops, cameras, lens, batteries, chargers and carrying equipment. If anything gets broken from the guest or bridal party, you are responsible for repair or replacement cost.
SESSION PROOFS: Client will receive access to a private online photo gallery. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omits any image(s) that do not meet her standards. You will never receive or view any unedited images or video from the photographer.
Remaining balances shall be paid on the following schedule:
1 payment per month until a week before the event.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, the photographer is foregoing other photographic jobs. If for any reason Client cancels this Contract prior to or on the wedding date. Deposits are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is needed. If it is not possible for a session to take place on a scheduled day due to weather, the photographer and the client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: The photographer is not responsible if the client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to the photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders the photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit.
RESHOOTS: If, for any reason, the Client reschedules the wedding at least 30 days prior to the wedding date, and such rescheduling is confirmed in writing to the Photographer, the retainer may, at the Photographer's sole discretion, be applied to the new date. A new Contract will be required to reflect the changes. In the event the reschedule occurs within two weeks of the original wedding date, the Client shall be required to remit a new retainer in the amount of 30 percent of total for a new date.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Photography by Angel Lee ("Photographer"). In exchange for services provided, the photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display would include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The photographer retains these rights even if image files are turned over to the Client.
All photos created by the photographer are copyright protected. It is a violation of federal copyright law to copy, scan, screenshoot, or allow photographs created by the photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of the photographer only once in possession of the digital images. The negatives/digital files remain the sole property of the Photographer and will never be given or sold.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital media without the photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than the photographer. Guidelines for personal use are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from the photographer. A credit line which reads "Angel Lee" or "#angelsperfectpicture in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants to the photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of client, Client’s child or children, or in which the client may be included for editorial, trade, advertising, and other purposes, and in any other manner and medium; to alter the same without restriction and to copyright the same. Client hereby releases the photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
In regards to Boudoir Sessions, because of the intimate nature of the photographs, no images that contain nudity will be published. Any use of the photographs by the photographer will be restricted to images that do not contain the client’s face. Photographer will not use any photos of the Client’s face without express permission from the Client.
COOPERATION OF GUESTS: The Client will cooperate with the Photographer and defer to the Photographer's professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion. The Photographer retains the absolute right to refuse to photograph any situation, pose or grouping that would interfere with the Photographer's artistic discretion. The Client will utilize best efforts to ensure that guests and attendees cooperate with the Photographer.
EXHIBITION: Client grants the photographer permission to display selected images resulting from this assignment as an example of the photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from the use of images.
LIMIT OF LIABILITY: If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, the act of God or causes beyond the control of the Photographer, the Photographer shall make every attempt to provide a Substitute Photographer per the provisions in this Contract. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited to cost of the contract. In no event shall Photographer be liable for any amount exceeding the cost of the contract.
In the unlikely event of total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for the indirect or consequential loss.
PRINT LIFE: The client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and the client releases the photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. The client may increase the period of the photographer’s service on the portrait date, provided the photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by the client prior to delivery of the proof book. The client may not decrease the period of the photographer’s service on the portrait date. If the period of the photographer’s service is cut short by reason of fire, casualty, death, an act of God or other cause beyond the control of the parties, the photographer shall still receive the total fees outlined in this contract.
PRINT FEES: Professional prints are available either individually or in print packages. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full. Payment for product orders shall be submitted to the Photographer within 30 days of gallery delivery, whether via online proofing service or in-person viewing. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print. All print fees are subject to Missouri 7.47% sales tax.
IMAGE STORAGE: Ordered images will remain on file for one year from the date of the portrait session. Unordered images will be purged after 30 days from the date of the first viewing.
SOCIAL MEDIA: The Client may share web/blog post links and social media albums through 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 Client shall identify the "#photographybyangellee and the year" in the caption of all photographs uploaded to social media websites and profiles.
SAFE WORKING: The Client agrees to undertake the best efforts to ensure that guests and attendees at the wedding treat the Photographer and the Photographer's staff with respect and dignity and that the Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the wedding commit any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation, the Client shall not be entitled to any refund.
SUBSTITUTE PHOTOGRAPHER: The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. The original terms of this agreement will remain in effect.
SECOND PHOTOGRAPHER: The Photographer shall supply an additional professional photographer to assist on the wedding day. The Photographer reserves the right and discretion at selecting the appropriate additional photographer.
PHOTOGRAPHERS PRICE LIST: The charges in this Contract are based on the Photographer's Standard 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.
MEALS AND BREAKS: A meal is required for every member of the Photographer's team for coverage that lasts more than five hours. A thirty-minute break is required for every member of the Photographer's team for coverage that lasts more than five hours.
VENUE GUIDELINES: The Photographer is bound to guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for modification of guidelines and/or policies is the Client's responsibility. Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone. The photographer has the right to refuse any requested edits to the images.
INDEPENDENT CONTRACTOR: This contract is not to be construed as an employment agreement in any way. The photographer functions as an independent contractor.
ARBITRATION: The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Missouri and the State of Missouri with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State any action may be commenced, this Agreement shall be deemed to have been made in such State and shall be governed by and construed in accordance with the laws of such State.
INDEMNIFICATION: The Photographer shall be held harmless for any and all injury to the Client and the Client's property during the course of the photographic event and the immediately surrounding events.
MISCELLANY: This Contract incorporates the entire understanding of the parties. Any modifications of this Contract 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 Contract. This Contract shall be governed by the laws of the State of Missouri.
ATTORNEYS FEES: If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney's fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
CONSTRUCTION: Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
Prints shall take 3 weeks from the time of print order to be processed and delivered to the Client.
Albums and other art pieces shall take 5 weeks from the date of final design approval by the Client to be received by the Photographer.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the photographer and the client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Angel's Perfect Picture Photography by Angel Lee.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.