Here are the terms and conditions you’ll see in my current Photography Session Agreement, last updated November 2020. Your Session Agreement will be customized with details of your session and contact information, and will be signable on touch screen or with a mouse. You’ll receive a copy of your signed contract by email. Thanks!
PHOTOGRAPHY SESSION AGREEMENT
This Photography Agreement (“Agreement”) is made by and between Shelly Rivoli (the “Photographer”) and the signer of this contract (the “Client”) for the photography services described in this Agreement.
Nonrefundable Booking Deposit / Retainer Due Upon Booking: $150.00
Balance Due Before Session.
TERMS AND CONDITIONS
Reservations, rescheduling, cancellations and refunds
• Nonrefundable deposit – Upon signature and receipt of the $150 nonrefundable booking deposit or retainer, the Photographer shall reserve the time and date agreed upon for the client and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the client cancels for any reason. The nonrefundable booking deposit may be applied toward the reservation of a future date one time. If the client cancels the reservation a second time for any reason outside of an “Act of God” as defined below, the Photographer reserves the right to retain this nonrefundable fee without rescheduling the Client.
• Weather and adverse conditions – If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, the Photographer may elect to use an alternate location or to reschedule the portrait.
• Force Majeure / Act of God – If the Photographer cannot perform this Contract due to fire or other casualty, strike, Act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
• Coronavirus / Covid-19 Disclosure – In the event that any member of the Client’s household or subjects to be photographed, or the Photographer herself, test positive for Covid-19 within 21 days of the session date, the parties agree to disclose this information and reschedule the photography session at a future date when all parties (whole household) are considered no longer at risk of transmitting the disease. The Photographer will wear a mask and maintain a distance from subjects of at least 6 feet during this session. The Client and others being photographed will also practice basic social distancing guidelines with regards to the Photographer and others who may be in the area.
• Pets – The Client warrants that any pets included in photography services shall be well behaved, will be under the control of the client(s), and assume responsibility to ensure pets do not pose risk of harm or injury to the photographer, the photographer’s assistants or equipment.
• Photographer may substitute another Photographer to take the photographs in the event of Photographer’s illness or of scheduling conflicts. In the event of such substitution, Photographer warrants that the Photographer taking the photographs shall be a competent professional.
• The charges in this Contract are based on the Studio’s/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.
Copyright, delivery and use of photographs
• No part of any order, including previews, will be delivered until the balance is paid in full.
• Photographer will deliver a private online proofing gallery within 30 days of the session. Images will be edited at the Photographer’s discretion. Delivered images may not include all images taken. The Photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the Photographer’s artistic standards.
• This contract is for the photography services and electronic delivery of the Licensed Digital Images only. Additional services, such as providing images on physical media (eg. prints, wall art, cards, albums), are available as a separate order for an additional fee upon.
• NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without the Photographer’s permission, including “screenshots” of photos for which the client has not paid, and violators of this federal law will be subject to its civil and criminal penalties. When permission to reproduce photos is granted, a Print Release from the Photographer shall be included with the applicable digital photo files included in the client’s purchase.
• The Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. Names or other personally identifying information of the subjects will not be used unless otherwise agreed upon in writing. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons and animals included in the portraits in this manner, including minor children, and shall indemnify and defend the Photographer in the event of litigation arising out of such use.
• It is understood this Photographer is the exclusive official Photographer retained to perform the photographic services requested on this Contract. No additional photographers, including the subjects and their family members or friends, shall imitate or inhibit the work of the Photographer during this session.
• This Contract incorporates the entire understanding of the parties and is governed by the laws of El Cerrito, Contra Costa County, California. Any modifications of this Contract must be in writing and signed by both parties. I have read and understand this agreement, including the terms and conditions, and agree to be bound by them: