Client Contract & Portrait Agreement
This contract binds the Client and the Photographer to the terms and policies stated below.
All other prints and products can be ordered via www.imagesbyivy.com. Print and album credits expire one year from the session date and prices are subject to change without client notice.
Entire Agreement: This agreement contains the entire understanding between Images By Ivy 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.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Images By Ivy is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Images By Ivy beforehand.
Copyrights: The photographs produced by Images By Ivy are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Images By Ivy’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 Images By Ivy somewhere visible on the photo or on the information tab below each single photo. The CLIENT cannot share images (online or reproduction) without first purchasing the rights to those images.
The CLIENT must obtain written permission from and compensate Images By Ivy prior to the CLIENT or the client’s friends and relatives publishing or selling the photographs for profit. Only under rare circumstances will these privileges be granted.
The CLIENT agrees to not alter any images provided on CD. This includes using photoshop, piknik, or any other editing software to modify any aspect of the image. If so desired, a CLIENT can request minor alterations to the edited images displayed in online galleries (i.e. simple conversion to black and white, etc.). Images By Ivy may refuse to complete some requests based on the style and artistic integrity of the image and the photographer’s preferences. The finished product is art and reflects the style of the photographer.
Exhibition: Requests for photographic images to be used by Images By Ivy may be requested at a future time. CLIENT grants Images By Ivy permission to display selected images resulting from this assignment as an example of Images By Ivy’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
Model Release: The CLIENT hereby grants Images By Ivy 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 Images By Ivy 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, Images By Ivy 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. Images By Ivy 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 Images By Ivy’s control, Images By Ivy 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.
Images By Ivy will not be held responsible for the quality of any images printed that are not ordered through her. Photographer recommends all clients order through her professional printer. If clients choose to order photos on their own, Images By Ivy recommends using mpix.com rather than any big box stores (particularly the one-hour shops).
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 work with Images By Ivy to find a date and time that fits both schedules.
Props: The client is responsible for bringing any props that they would like in their photos. In the event that the client has forgot a prop for the session and wants photos with that prop, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Photographer also brings props to some sessions, and discussion about general theme of session shall occur between CLIENT and photographer at least one day before session occurs.
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.
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.
Completion Schedule: Editing and Product creation takes approximately two-four weeks but may take longer.
I agree to the terms and conditions as outlined above.