Photography Services Agreement
SERVICES
1. Session Length and Image Quantity
The session length and number of edited images included will be discussed and agreed upon before the session. If anything is unclear, the Client should ask for clarification before the session date to avoid misunderstandings.
2. Equipment and Image Format
All photographs will be taken using professional digital camera equipment.
Final images will be provided in high-resolution JPG format. RAW, unedited images will not be delivered, as they do not reflect the Photographer's finished work.
3. Image Selection and Editing
The Photographer will use their professional judgment to determine which images are included in the final gallery, ensuring a variety of moments and compositions.The gallery may contain a mix of color and black-and-white images.
4. Editing Process
Standard edits include color correction, light skin softening, and applying a filter that aligns with the Photographer’s portfolio style. Additional touch-ups (e.g., object removal, heavy skin smoothing, or scene alterations) are not included but may be offered for an extra fee.
5. Image Delivery Timeline
Edited images will be delivered within 2 weeks of the session date unless otherwise noted. Digital images will be provided via Google Drive or a similar online gallery.
6. Gallery Availability and Storage
The gallery will remain available for 3 months from the delivery date.
After 3 months, the gallery will be taken offline. Requests to re-upload images after expiration will incur a $50 service fee.
FEES
PAYMENT: A non-refundable deposit equal to 50% of the full session fee is required upon booking to reserve the date and time of the session. The remaining balance is due before the delivery of the final edited images. Payment in full is required before any digital images will be provided to the Client.
EXPENSES: Client agrees to pay the fees set forth below. Digital images will not be provided to Client until full payment has been made.
RETURNED CHECKS: If any check offered by Client to Photographer in payment of any amount due under this Agreement is returned for lack of sufficient funds, a “stop payment” or for any other reason, Client will pay Photographer a returned check charge of $25 plus any fees assessed by Photographer’s banking institution as a result of the returned check.
LIMITATION OF LIABILITY
SESSION: In the event Photographer is unable to perform the duties stated in Agreement for any unforeseen reasons or circumstances beyond the control of Photographer, the session will be rescheduled as soon as possible. If it is not possible for the parties to reschedule to a later date, an attempt will be made to obtain the services of another professional photographer to fulfill the obligations of Photographer. If he/she cannot provide another competent professional, all fees will be returned including the initial deposit. The Photographer will not be responsible for lost photograph opportunities and will not offer reshoots due to poor hygiene, makeup, hair, or outfit choices.
SESSION TIME AND CLIENT RESPONSIBILITY
Session Start Time: All sessions begin at the scheduled time, regardless of the client’s arrival. Any late arrival will be included in the session, and the session will end at the originally scheduled time.
Optional Time Extensions: If the photographer's schedule allows, session time may be extended in 15-minute increments at the session’s hourly rate (e.g., $100 for every additional 15 minutes if the hourly rate is $400). Extensions are subject to availability and must be agreed upon and paid for during the session.
Client Preparedness: It is the client’s responsibility to ensure they are fully prepared for the session. Issues such as forgotten outfits or props, location closures, or delays caused by the client will not result in rescheduling or refunds.
SAFETY: Client has the right to refuse any pose or location. It is the responsibility of Client and/or guardian(s) of Client, to refuse to stand or be placed in any position or location where they feel uncomfortable or endangered. If Client and/or guardian(s) of Client, agree to stand or be placed in any position or location during the session, they assume all risks associated with the position and location. Photographer will not be responsible for any personal injury and/or property damage that might result from Client and/or guardian(s) being injured during a session.
IMAGES: Entire liability for any theft, loss, injury or failure to deliver digital images, is limited to the return of any fees paid by Client under this contract. Once the images are delivered to Client, Photographer will not permanently archive the images. It is Client's responsibility to back-up and protect the photographs.
CANCELLATION/RESCHEDULING
CANCELLATION: In the event of cancellation, the retainer is NON-REFUNDABLE. Retainers will not be applied toward rescheduled events.
RESCHEDULING NOTICE: Clients must request reschedules at least 48 hours in advance. Failure to do so may result in forfeiture of the retainer.
NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear during photographic session, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear at a scheduled session, the retainer is NON-REFUNDABLE. If the client is more than 20 minutes late without prior notice, the session will be considered a no-show and the retainer will be forfeited. Photographer is not obligated to wait beyond the scheduled session time.
WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on the earliest date possible, with no additional charge. Reschedules due to weather apply only to outdoor sessions where conditions prevent safe or effective photography (e.g., heavy rain or snow). Overcast skies or changes in temperature will not be considered grounds for rescheduling.
LIMITATION ON REFUNDS: In the event that Client is dissatisfied with the final results based solely on personal preference, Photographer will not offer refunds. Retakes will be offered for an additional, discounted price; however, Client will receive images from the second session only. Retakes due to dissatisfaction with the client’s wardrobe, hair, or makeup will not be offered. It is the client’s responsibility to arrive prepared.
USAGE
COPYRIGHT: It is understood that Photographer owns the copyright to all images. Client agrees not to edit, adjust, scan, copy or reproduce images in any manner. Client also agrees not to supply images to any businesses or publications of any kind, including vendors associated with the session, without Photographer's written permission.
LICENSING: Upon receipt of final payment, Client is granted a usage/print release to use digital images for non-commercial purposes, such as printing, exchange with family and friends, or display on the internet.
MODEL RELEASE: Client hereby grants to Photographer unrestricted rights to use and publish photographs. Photographer reserves the right to use images for display, trade, publication, advertising, photographic competitions, or other purposes. Client releases all claims to profits that may arise from use of images.
GENERAL INFORMATION
ENTIRE AGREEMENT: This Agreement, including any documents referred to herein, constitutes the entire and exclusive statement of Agreement between the parties with respect to its subject matter, superseding any and all previous proposals, representations or statements, oral or written. In entering into this Agreement, neither party has relied upon any statement, representation, warranty, nor agreement of the other party except for those expressly contained in this Agreement. Any representations, warranties, or promises alleged between the parties pertaining to the subject matter of this Agreement that differ in any way from this Agreement’s provisions are of no effect. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. There are no conditions precedents to the effectiveness of this Agreement other than those expressly stated in this Agreement.
SEVERABILITY OF TERMS: If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
GOVERNING LAW: This Agreement and any action arising from or relating to its subject matter, whether at law or at equity for contracts or for torts, shall be governed by and construed and enforced in accordance with the laws of the State of Illinois without reference to conflicts of laws.