The Good Life Photography: Northeast Ohio Natural Light Photography » Northeast Ohio Natural Light Photography

2016 CONTRACT FOR PHOTOGRAPHIC SERVICES

ENTIRE AGREEMENT:  This agreement contains the entire understanding between THE GOOD LIFE PHOTOGRAPHY LLC (“PHOTOGRAPHER”) and the CLIENT.  It supersedes all prior and simultaneous 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, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have the waiver in writing.

PAYMENT & DEPOSIT:  A deposit of $250 (portrait, lifestyle, or events) is required to secure your portrait or lifestyle session date and the remainder of the payment is due on the day of the session.  To secure a date for a wedding, a deposit of one half the entire balance is due before securing the date.  One-quarter of the entire cost of coverage is non-refundable up to six months prior to the wedding date.  Within six months of the reserved date, the entirety of your deposit is non-refundable.  Checks may be made payable to “The Good Life Photography” in the amount agreed upon with the PHOTOGRAPHER.  Major credit and debit cards are also accepted.  A session or wedding date is only considered as being secured once the deposit is received and processed.

You may pay your deposit in three ways:

-in person through an arrangement with the PHOTOGRAPHER.

-by check mailed to The Good Life Photography, 2185 Northland Ave, Lakewood, OH, 44107.

-by credit card, debit card, or PayPal by clicking the “Buy Now” button below the signature section of this form.

DEVICES:  Cameras or recording devices are prohibited from portrait sessions.  Cameras and recording equipment by other vendors and guests at weddings are expected and may be be used.

LIABILITY:  CLIENT is responsible for their own safety and actions while at the location of the portrait session. PHOTOGRAPHER is not responsible for any liability, accidents, illnesses, damage or loss to person or property that may result from the photography session itself or anything related to the photography session.

RESCHEDULING:  If anyone should fall ill, CLIENT must contact the PHOTOGRAPHER as soon as possible to reschedule the session. A new date must be discussed and decided upon with photographer within 1 week.  If, in the opinion of the PHOTOGRAPHER, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the PHOTOGRAPHER, PHOTOGRAPHER may elect to use an alternate location or to reschedule the session.

CANCELATIONS:   If the PHOTOGRAPHER cannot perform this contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to PHOTOGRAPHER’S illness or emergency, and PHOTOGRAPHER is unable to reschedule the session, then the PHOTOGRAPHER shall return any ‘Session Deposit’ to the client but shall have no further liability with respect to the contract.

LIMITATION ON LIABILITY:  This limitation on liability is in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost, damaged, or missed. In the event the photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of the retail value of the client’s order.  While every attempt is made by the PHOTOGRAPHER to capture all requested and expected images, the PHOTOGRAPHER is not responsible for lost or missed shots due to any situation within or beyond the control of the PHOTOGRAPHER.

COOPERATION:  The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The PHOTOGRAPHER will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for the photographs. The Good Life Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to The Good Life Photography beforehand.

COPYRIGHTS:  The photographs produced by The Good Life Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without The Good Life Photography’s explicit written permission.  If displayed on social networking sites (Facebook, Instagram, etc), photos must say, “Photos by The Good Life Photography” somewhere visible on the photo or on the information tab below each single photo.  The CLIENT may not publish images in any form other than the full and unaltered state the file or image was delivered in. This includes adding editing filters, cropping for social media, and any other alteration that is not expressly agreed upon with the PHOTOGRAPHER. The CLIENT may not alter the images in any way, including cropping to remove watermarks that may have been placed on the images for web viewing and marketing purposes. If the CLIENT wishes a change to be made to the image, including conversions from a color image to a black and white image, the CLIENT must request this from the PHOTOGRAPHER. ALTERING THE IMAGE IN ANY WAY IS IN VIOLATION OF FEDERAL COPYRIGHT LAW.  Upon digital download of images your online web gallery, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:

The photographic images are the property of CLIENT for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives.

The CLIENT must obtain written permission from — and compensate The Good Life Photography — prior to the CLIENT or the client’s friends and relatives publishing or selling the photographs for profit.

EXHIBITION: Requests for photographic images to be used by The Good Life Photography may be requested at a future time.  CLIENT grants The Good Life Photography permission to display selected images resulting from this assignment as an example of The Good Life Photography’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.

If client’s photo is requested to be used in any print or online publication, they will discuss this with The Good Life Photography. The PHOTOGRAPHER may grant client limited rights to use the images in marketing materials with specifications that “Photo by The Good Life Photography” is listed on the image/article and rights have been agreed upon with the PHOTOGRAPHER.  If client requests to use the image in the distribution of products such as but are not limited to posters, clothing, etc., a compensation rate of the total number of sales will apply.

MODEL RELEASE:  The CLIENT hereby grants The Good Life Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same.  The CLIENT hereby releases The Good Life Photography and its legal representatives and assigns from all claims and liability relation to said photographs.

CONTESTS & COMMERCIAL USE:  THE INCLUDED IMAGES MAY NOT BE ENTERED INTO CONTESTS, SOLD, COPIED, OR USED COMMERCIALLY IN ANY FORMAT, DIGITAL, PRINTED OR OTHERWISE. The images may not be used in any form other than private usage without express written permission from the copyright owner, The Good Life Photography, LLC. The Good Life Photography retains all publication and general reproduction rights for these images.

RESHOOTS:  If CLIENT is dissatisfied with the gallery images, notice must be sent to PHOTOGRAPHER within 24 hours of the gallery viewing. A re-shoot may be scheduled, solely at the discretion of the PHOTOGRAPHER, as quickly as reasonably possible, and all images from the first gallery will be deleted immediately. Re-shoots will not be offered due to hair or wardrobe choices or dissatisfaction with one’s natural appearance as it is photographed.

GALLERY COMPLETION:  Within approximately two to four weeks of your session, you will receive your gallery of images for viewing.  Images are selected and edited at the PHOTOGRAPHER’S discretion. The artist reserves the right to edit and release only those images deemed creditable as professional in quality and within the PHOTOGRAPHER’S artistic standards.

RETOUCHING:  Simple fixes, such as crops and blemish removal may be completed at the PHOTOGRAPHER’S discretion. More extensive retouching is done at a fee of up to $150.

REFUNDS:  Please examine all images in your gallery thoroughly. Due to the custom nature of photography, refunds are not available.

DATA LOSS:  Every effort is made to secure equipment back-up, however due to the unreliability of digital equipment, data loss can occur at any time; except as explained herein, PHOTOGRAPHER shall not be liable for any loss of digital data whatsoever.

BALANCE:  No part of any order, including previews, will be delivered until the balance is paid in full.

PRINT ISSUES:  Print issues (i.e. damage during shipping, discoloration of photo, missing items) must be reported to the photographer within 7 days of receiving order for the issue to be resolved. Damaged items must be returned to the photographer.  Order corrections will not be completed after the 7 day time period.  CLIENT is aware that color dyes in photography 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 of any photographs.

NOTICE OF COPYRIGHT

It is illegal to copy or reproduce these photographs or videos elsewhere without the PHOTOGRAPHER’S permission, and violators of this Federal Law will be subject to its civil and criminal penalties, starting at $10,000 per violation. The included images may not be entered into contests, sold, copied, scanned, or used commercially in any format, digital, printed or otherwise. The images may not be used in any form other than private usage without express written permission from the copyright owner, The Good Life Photography LLC.  The Good Life Photography LLC retains all publication and general reproduction rights for these images.

I (“CLIENT”) hereby grant to The Good Life Photography LLC and its employees, legal representatives, transferees and assigns, the irrevocable and unrestricted right to use and publish photographs of me and the other individuals present at the photoshoot, or photographs in which I or the individuals present at the photoshoot may be included, for editorial, trade, advertising, commercial, publicity, illustration and any other lawful purpose and in any manner and medium; to alter the same without any restriction; and to copyright the same for PHOTOGRAPHER’S sole and exclusive use and benefit. I hereby release PHOTOGRAPHER and her employees, legal representatives, transferees and assigns from any and all claims and/or liability relating to said photographs. I further release PHOTOGRAPHER and her employees, legal representatives, transferees and assigns from any and all claims and/or liability relating to all photography sessions.

  • This contract incorporates the entire understanding of the parties.

  • Any modifications of this contract must be in writing and signed by both parties.

  • Please use the form below to complete the contract for all parties over the age of 18.  By entering your name in the signature box, you are agreeing to the Terms and Conditions that are outlined in this contract.

 

Please sign the contract digitally and click “submit.”  You will be redirected back to this section where you may then pay your deposit.  You do not need to have a PayPal account to pay your deposit – you may pay through major debit card or credit card as well.  Upon completion of your deposit, you will be redirected back to the main home page.

Thank you so much and I look forward to working with you!