Client Photographer Agreement
This agreement is between Alina Bezruk, hereafter referred to as the "Photographer," and the signers of this photography agreement which are hereafter referred to as the "Client." The contract terms and agreement, any phone/video calls, in person meetings, emails, direct messages, text messages are all legally binding documents that are used between the photographer and client. This contract is written under the terms of the laws of the State of California.
Reservation:
A signed contract and retainer fee are required to reserve the dates and times of the photoshoot. If the events/photoshoot are rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, the retainer fee is non-refundable and shall be liquidated damages to The Photographer.
Entire Agreement:
This agreement contains the entire understanding between the 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 parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
Limit of Liability: In the unlikely event that the assigned photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement. 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 photoshoot.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer's control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of all payments except for any travel fees received for the photoshoot. 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. The photographer is not liable for the loss of images beyond the lesser of the final delivery of all products after two weeks.
The photographer is not liable for any injuries caused to the client or the client's guests by the photographers work equipment, including but not limited to cameras, lenses, flashes, cords, wires, and/or lights.
Responsibility:
The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer is not held liable for missed coverage of any part of the photoshoot. The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the photoshoot.
Event Schedule:
The client agrees to confirm the schedule at latest, forty-eight hours before the photoshoot. Notification of any changes in schedule or location must be made in a timely manner, which is at least forty-eight hours prior to the photoshoot and confirmation of receipt must be obtained from the Photographer by the Client. Any changes in schedule or location made forty-seven hours or less prior to photoshoot may not be accommodated depending on the circumstances and non-refundable deposit will be held by Photographer, even if cancellation occurs by Client.
Safety:
The photographer reserves to right to terminate coverage and leave the location of the event/photoshoot if the photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event/photoshoot; or in the event that the safety of the photographer is in question. Deposit will not be refundable in this situation.
Expenses Incurred:
When applicable, the client is responsible for all travel, accommodation, and transport costs.
The client is responsible to provide a hot meal if it is served at the wedding (meals applicable to weddings only).
TRAVEL EXPENSES: All travel expenses are based on the distance between the event/photoshoot location(s) and the photographer's home address. For all photoshoot/events, not including weddings and elopements, the first 35 miles of travel, that is by car, are included. All miles in excess of 35 miles or more that are driven by the photographer are charged at $0.35 per mile.
For weddings and elopements, the first 45 miles of travel, that is by car, are included. All miles in excess of 45 miles or more that are driven by the photographer are charged at $0.35 per mile.
Shooting time/additions:
The client and the photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the client does not arrive at the appointed time for the event/photoshoot, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the client.
Permits:
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the photographer will be performing services.
Film and Copyrights:
The photographs produced by the photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the photographer's explicitly written permission. The photographer grants the client permission to share the images on social networking websites, with family and friends, and on vendor websites AS LONG AS the images remain unaltered and textual credit is explicitly given to the photographer (please tag us in your instagram posts). The client must obtain written permission from the photographer prior to publishing or selling the photographs.
Model Release:
The client hereby assigns the photographer 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The client releases all claim to profits that may arise from use of images.
Capture and delivery:
The photographer is not liable to deliver every image taken at the event. The determination of images delivered to the client is left to the discretion of the photographer. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the photographer. No RAW images will be sent to the client. The client agrees that no refunds will be made if the client is not satisfied with the final edited images unless the photographer agrees verbally.
Payment:
The aforementioned 30% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the event/photoshoot. In the event the client fails to remit payment as specified, the photographer shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the event/photoshoot. Photographer will take payment through Venmo.
Rescheduling Policy:
Photographer or client can reschedule their photoshoot/event and deposit will not be lost, only if a. both the photographer and the client client agree to a new date that is available
b. an emergency, as in an injury, illness, act of God, act of terrorism, or any other cause beyond the control of the photographer or the client
Processing Time:
The client agrees that the photographer has maximum three weeks to deliver the gallery via Pic-time to the client. For weddings or elopements, the client agrees that the photographer has one month maximum time to deliver the gallery via Pic-time to the client, and two months to send a usb drive through the mail. The photographer is not responsible for any lost usb after it is dropped off at the post office.
the photographer's time, expertise, post-shoot editing, retouching, and creativity is all included for every event and regular photo session
*Even if they are not written directly into the contract, the client agrees to the discussed amount of time scheduled for the event/photoshoot, the amount of photos, the deposit total, any travel fees, the location(s), second shooter (weddings only) and total cost of the session between the client and the photographer, whether through a phone/video call, in person meeting, emails, direct messages, text messages, or the pricing/package file sent to the client.
Reservation:
A signed contract and retainer fee are required to reserve the dates and times of the photoshoot. If the events/photoshoot are rescheduled, postponed, or cancelled; or if there is a breach of contract by the Client, the retainer fee is non-refundable and shall be liquidated damages to The Photographer.
Entire Agreement:
This agreement contains the entire understanding between the 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 parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
Limit of Liability: In the unlikely event that the assigned photographer is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the Photographer, the Photographer will make every effort to secure a replacement. 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 photoshoot.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer's control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of all payments except for any travel fees received for the photoshoot. 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. The photographer is not liable for the loss of images beyond the lesser of the final delivery of all products after two weeks.
The photographer is not liable for any injuries caused to the client or the client's guests by the photographers work equipment, including but not limited to cameras, lenses, flashes, cords, wires, and/or lights.
Responsibility:
The Photographer is not responsible for compromised coverage due to causes beyond the control of the Photographer including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the Photographer, rendering of decorations, or restrictions of the locations. The Photographer is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage. The Photographer is not held liable for missed coverage of any part of the photoshoot. The Photographer will not be held accountable for failure to deliver images of any individuals or any objects at the photoshoot.
Event Schedule:
The client agrees to confirm the schedule at latest, forty-eight hours before the photoshoot. Notification of any changes in schedule or location must be made in a timely manner, which is at least forty-eight hours prior to the photoshoot and confirmation of receipt must be obtained from the Photographer by the Client. Any changes in schedule or location made forty-seven hours or less prior to photoshoot may not be accommodated depending on the circumstances and non-refundable deposit will be held by Photographer, even if cancellation occurs by Client.
Safety:
The photographer reserves to right to terminate coverage and leave the location of the event/photoshoot if the photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event/photoshoot; or in the event that the safety of the photographer is in question. Deposit will not be refundable in this situation.
Expenses Incurred:
When applicable, the client is responsible for all travel, accommodation, and transport costs.
The client is responsible to provide a hot meal if it is served at the wedding (meals applicable to weddings only).
TRAVEL EXPENSES: All travel expenses are based on the distance between the event/photoshoot location(s) and the photographer's home address. For all photoshoot/events, not including weddings and elopements, the first 35 miles of travel, that is by car, are included. All miles in excess of 35 miles or more that are driven by the photographer are charged at $0.35 per mile.
For weddings and elopements, the first 45 miles of travel, that is by car, are included. All miles in excess of 45 miles or more that are driven by the photographer are charged at $0.35 per mile.
Shooting time/additions:
The client and the photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the client does not arrive at the appointed time for the event/photoshoot, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the client.
Permits:
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the photographer will be performing services.
Film and Copyrights:
The photographs produced by the photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the photographer's explicitly written permission. The photographer grants the client permission to share the images on social networking websites, with family and friends, and on vendor websites AS LONG AS the images remain unaltered and textual credit is explicitly given to the photographer (please tag us in your instagram posts). The client must obtain written permission from the photographer prior to publishing or selling the photographs.
Model Release:
The client hereby assigns the photographer 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, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The client releases all claim to profits that may arise from use of images.
Capture and delivery:
The photographer is not liable to deliver every image taken at the event. The determination of images delivered to the client is left to the discretion of the photographer. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the photographer. No RAW images will be sent to the client. The client agrees that no refunds will be made if the client is not satisfied with the final edited images unless the photographer agrees verbally.
Payment:
The aforementioned 30% non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the event/photoshoot. In the event the client fails to remit payment as specified, the photographer shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the event/photoshoot. Photographer will take payment through Venmo.
Rescheduling Policy:
Photographer or client can reschedule their photoshoot/event and deposit will not be lost, only if a. both the photographer and the client client agree to a new date that is available
b. an emergency, as in an injury, illness, act of God, act of terrorism, or any other cause beyond the control of the photographer or the client
Processing Time:
The client agrees that the photographer has maximum three weeks to deliver the gallery via Pic-time to the client. For weddings or elopements, the client agrees that the photographer has one month maximum time to deliver the gallery via Pic-time to the client, and two months to send a usb drive through the mail. The photographer is not responsible for any lost usb after it is dropped off at the post office.
the photographer's time, expertise, post-shoot editing, retouching, and creativity is all included for every event and regular photo session
*Even if they are not written directly into the contract, the client agrees to the discussed amount of time scheduled for the event/photoshoot, the amount of photos, the deposit total, any travel fees, the location(s), second shooter (weddings only) and total cost of the session between the client and the photographer, whether through a phone/video call, in person meeting, emails, direct messages, text messages, or the pricing/package file sent to the client.