Portraits with Michelle Senior Portrait Contract
Portraits with Michelle
Warren Michigan Studio
Entire Agreement: This agreement contains the entire understanding between Portraits with Michelle 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.
Reservation: A signed contract and the reservation fee are required to reserve the specified coverage. $150.00 for single sessions or $225.00 for Senior Spokesmodel Sessions is due upon signing of contract in order to hold date and time. The $150.00/$225.00 is the session fee is to pay for the photographer’s time, talent, and travel. This is a non-refundable retainer fee. Prints/Digitals/Packages are sold separately.
Payment: (1). Session Fee – due at the time of booking to save the date.
(2) $200 payment is due at the time of the session. This payment is APPLIED towards your portrait package.
(3) 50% of the package chosen is to be paid on the day of your gallery reveal/ordering session (LESS the $200 already paid)
(4) Balance due upon receipt of prints.
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. Portraits with Michelle is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Portraits with Michelle beforehand.
Copyrights: The photographs produced by Portraits with Michelle are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Portraits with Michelle’s explicit written permission. It is a breach of this agreement to not only reproduce the images, but to display them on social networking sites (Facebook.com, Myspace.com, etc.). If displayed on social networking sites, photos must say photos by Portraits with Michelle somewhere visible on the photo or on the information tab below each single photo. Upon distribution of images purchased from 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 and giving of photographs to friends and relatives.
The CLIENT must obtain written permission from and compensate Portraits with Michelle prior to the CLIENT or the client’s friends and relatives publishing or selling the photographs for profit.
Model Release: The CLIENT hereby grants Portraits with Michelle 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 Portraits with Michelle and its legal representatives and assigns from all claims and liability relation to said photographs.
Limit of Liability: In the unlikely event that the photographer is injured or becomes too ill to photograph the event, Portraits with Michelle will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Portraits with Michelle takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Portraits with Michelle photography’s control, Portraits with Michelle liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Weather Policy: In the event of weather conditions that are out of our control:
If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer’s discretion if bad weather persists to cancel the session, during the session.
If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client decides to go ahead and reschedule, the client will not be charged to do so. The client will then be put on first alert for their session and able to have their session even on non-session days.
Appearance: In the event that the client would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
Locations: If you have more than one location for your session, the travel time going from destination 1 to destination 2 and so forth does count towards the total amount of the session time.
Location Access and Fees: If the client wants to do a session at a location that charges for access, the client will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so.
Additional Family Members: In the event that the client wants to add additional family members in their shoot (i.e. children), they will be charged $50 per person to add them into the session, instead of the full amount for a family session. This policy includes pets. There will be no additional fee for 2 pets. There will be a charge for any additional pets.
Outfits: Although there are no additional fees for additional outfits, the amount of time it takes to change into those outfits does count towards the total amount of the session time.
Tardiness: In the event that the client is late to the appointment set, the client’s session will still be for the same scheduled ending time.
Security Deposits: In the event of cancellation, 100% of the full amount paid is non-refundable. It shall be liquidated damages to Portraits with Michelle in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment for any Portraits with Michelle material charges incurred up to time of cancellation. Rescheduling may be done due to illness, weather, etc with at least a 24 hour notice before the shoot in order to avoid penalty.
Completion Schedule: Editing takes approximately six weeks to eight weeks, but may take longer. If you are a senior spokesmodel, we meet once at the end of ALL the sessions. At the time of completion you will be contacted to schedule the reveal/ordering session.