Photographer: Bethany Grace Photography
Date of Portrait Session: Thursday, August 8th, 2019, 5:00pm
Balance Due: $350
- Black Background Portrait Session
- Two additional horses
- Online gallery
- Final, edited images sized for social media
This agreement is between the Client, whose name and address is listed above, and are hereinafter referred to collectively as the "Clients", and Bethany Grace Photography, hereinafter referred to as the "Photographer"
1. Payment. The Client shall make a payment equal to the full balance due. Upon receipt of payment and signed contract and signed contract, Photographer will reserve the time and date agreed upon by both parties.
2. Cancellation & Rescheduling. Upon acceptance of these terms and payment of the retainer, Photographer shall commit to attending the event on the specified date and shall make no other reservations for that date. If for any reason (with the exception of weather-related cancellations, detailed below) Client cancels this contract prior to or on the session Photographer shall keep the session fee. Client may reschedule session date twice (two times). Client agrees to do so no later than 48 hours before contracted session date. In the event of a rescheduled date, the retainer fee and all monies paid are nonrefundable but may be transferred to the rescheduled session date. After two attempts at rescheduling, a new session fee and retainer will be required.In the event of bad weather, the Photographer and Clients will work together to secure a new date. This will not count towards the aforementioned limit of two rescheduling attempts.
3. Completion Schedule: Digital Images have a completion schedule of between four to six (4-6) weeks after the session date. Photographer shall not be held responsible for delivery delays outside control of the Photographer.
4. Artistic Rights. The Photographer retains the right of discretion in selecting the final photographic materials and images released to the client. Under no circumstances will the Client receive unedited or RAW files.
5. Ownership of Physical and Digital Images. The ownership of the physical Images in the form delivered shall be the property of the Photographer. Storage media (such as computer disks and digital cards) that contain electronic copy of any or all of the Images shall be the sole property of the Photographer. All photographic materials, including but not limited to digital files, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.
6. Client Usage. Upon final payment by the Client, limited use permission will be transferred to the Client under the following conditions:
A. The digital images are the property of the Client for unlimited personal use and for the purposes of reproduction and distribution of photographs to friends and relatives.
B. The Clients must obtain written permission from, and compensate the Photographer prior to an event where the Client, or the Clients' friends or relatives publish or sell the photographs (digital files or physical prints) for profit.
C. Images may be used on a personal website and social media. The Photographer (Bethany Grace Photography) would appreciate credit when the photos are used for social media, though it is not required. Credit may be in the form of a tag (instagram and facebook) or as a link to the Photographer's website (www.bethanygracephoto.com).
7. Artistic Style. Client acknowledges that they are familiar with the Photographer’s portfolio and that the Photographer’s work is constantly evolving; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision. Photographer will take Client's ideas into consideration as well. Client acknowledges that the Photos shall not be subject to rejection on the basis of taste or aesthetic criteria.
8. Editing & Retouching. The Photographer will edit each image that is delivered to the Client to meet Bethany Grace Photography standards. Photographer will not be held responsible for horses that are not properly prepared for the session (mud, dirt, clipping disasters or lackthereof). Any additional retouching requested by Client will be billed at $30 per half hour.
9. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, Photographer will return all paid monies limited to the total paid to Photographer by Client and shall have no further liability.
10. Limit of Liability. Photographer takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment. In the event the Photographer cannot comply with the terms of this contract due to negligence, oversight, accident, error, omission, any other avoidable or unavoidable circumstance, whether caused by the Photographer or otherwise, also in the unlikely event of the Clients’ photographs being lost, stolen, or destroyed for reasons beyond Photographer’s control, the latter’s liability is limited to the return of the balance paid. The limit of liability for a partial loss of originals shall be calculated by number of the exposures lost and total number of exposures taken.
11. Equine Liability. The Client acknowledges that horses are unpredictable animals, and as such, Photographer shall be held harmless for any injury to horse or Client that may occur during the session and the immediately surrounding events. Photographer reserves the right to cancel or stop the session if Photographer feels that horse or Client is in danger, or if Client is not acting responsibly. In this case, neither Client nor Photographer shall be in breach of their obligation under this agreement, or incur any liability to the other party for loses or damages of any nature whatsoever suffered by the other.
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