Standard Photography Contract Agreement and Model Release

Please  complete the form below to accept my standard photography agreement. 

It's kind of cold and legal, so here is a {VIRTUAL HUG} from me.  The contract is necessary to protect me and my family but please know that I strive to be flexible and understanding.  I love having happy clients!

Photographer: Elizabeth (aka Liza) Reifsnyder d/b/a East Ivy Photography


This agreement is between the Client, whose name and address is listed above, and Elizabeth (aka Liza) Reifsnyder d/b/a East Ivy Photography (hereafter, Photographer) 

 

1. Retainer and Payment.  The Client shall make a non-refundable retainer of $50.00 to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties.

 

2. Cancellation. If Client requests to amend or cancel this agreement 3 or more calendar days before the session date, the retainer shall be applied a mutually agreed upon reschedule date.  Client understands and agrees that Photographer will not book other sessions during this time.  If Client cancels this agreement, or fails to arrive at the shoot on mutually agreed upon date and time,  the retainer shall be forfeited. In the event that Client cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain. 

 

3. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied to a rescheduled session if notice is given at least 3 days prior to the schedule event. Reschedule must be within 30 days of originally scheduled session. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. 

 

4. Preparation.  For shoots involving babies aged less than three months, client shall strive to keep the baby awake for one or more hours before the session. Baby shall be fed at the beginning of the session or just prior to arrival. The baby  shall be dressed in loose fitting clothing (zip or button front pajamas) for ease of changes for portraits. The Client shall bring at least two bottles for feeding or supplies for nursing. If a pacifier or soother is required, the Client shall supply those items. 

 

5. Subjects. The Client shall maintain control of other subjects including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The Client shall provide all necessary controls over additional subjects. 

 

6. Electronic Devices.  Cameras, cell phone cameras, and camcorders are not permitted during sessions.   Client agrees to allow Photographer to be sole Photographer during agreed-upon session time.  

 

7.  Reshoot Circumstances. If the Photographer is unable to perform the session due to baby’s disposition, condition, or other circumstances not listed within this contract but under the discretion of the photographer, the Client shall be allowed to reschedule at Photographer’s discretion. 

 

8. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. 

 

9. Photographic Materials. All photographic materials, including but not limited to digital or physical negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 2-3 weeks of the session. If an online download gallery delivered, it shall remain open for 10 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $50 un- archival fee shall apply. 

10.  Model Release.  Client hereby authorizes Photographer to publish photographs taken on the date listed of Client and/or the minor child or children listed above, and their names and likenesses, for use in Photographer’s print, online and video-based marketing materials, as well as other publications.  Client holds Photographer harmless  from any reasonable expectation of privacy or confidentiality.  Client attests to be the parent or legal guardian of the child or children listed above and that has full authority to consent and authorize Photographer to use their likenesses and names.  Client acknowledges that participation is voluntary and that neither Client nor minor children will receive financial compensation of any type associated with the taking or publication of these photographs or participation in company marketing materials or other company publications. Client acknowledges and agrees that publication of said photos confers no rights of ownership or royalties whatsoever. Client hereby releases Photographer, its contractors, its employees and any third parties involved in the creation or publication of company publications, from liability for any claims by Client or any third party in connection with Client's participation or the participation of the minor children listed above. 

 

11. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.   

 

12. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release. 

 

13. Social Media. Both the Photographer and the Client may share blog post links and photo albums through use of the share functions and dissemination of direct links on social media sites, including but not limited to Facebook and Instagram. 

 

14. 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, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to the amount paid towards the session. 

 

15. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. 

 

16. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute. 

 

17. Indemnification. The Photographer shall be held harmless for any and all injury to client and/or any minor children listed above during the course of the photography session and the immediately surrounding events. 

 

17. Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of TN.

 

19.Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract. 

 

20. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. 

21.  COVID-19 Liability Waiver.   Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization.  COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact.  As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.  East Ivy Photography ("the Photographer")  has put in place preventative measures to reduce the spread of COVID-19; however, the Photographer cannot guarantee that you or your child(ren) will not become infected with COVID-19.  Further, attending the Photographer's sessions in-studio or on-location (outdoor or in another venue) could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by contracting the Photographer, and that such exposure or infection may result in personal injury, illness, permanent disability, and death.  I understand that the risk of becoming exposed to or infected by COVID-19 with the Photographer may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Photographer employees, volunteers, and other Photographer participants and their families.  I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s interactions with the Photographer (“Claims”). 

On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the Photographer, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto.  I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Photographer, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Photography Session or other meeting.

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