AOL General Contract
1. Retainer, Payment, and Session Terms
The total balance due for session must be paid in full prior to any work beginning on the ordered images or products. If there will be more than one family for the session (i.e. a family reunion or multifamily session), an extra session fee will be charged for each family or like group.
Standard portrait sessions last between 1 to 1.5 hours and yield between 50 and 100 images. Mini sessions last 20 mins and yield 25-30 images. If Client should require multiple outfit/wardrobe changes, the duration of such changes will count towards the session time.
If additional hours are required or requested, they will be billed at $250 per hour. The Photographer reserves the right to refuse a requested location for any reason.
3. Cancellation or Postponement
If Client should cancel the event for any reason, the retainer will not be refunded. If canceling this contract Client must notify Photographer in writing. To consider a date change, Photographer must first receive a written release of the current contracted date and time, which will null and void this written contract.
4. Copyright and Reproductions
Photographer shall own the copyright for all images created at the event and shall have exclusive right to make reproductions. Photographer shall only make reproductions for Client or for Photographer’s portfolio, studio samples, self promotions, entry in photographic contests or exhibitions, instructional purposes, editorial use, or within or on the outside of Photographer’s studio. Any such use will be judicious and consistent with the highest standards of taste and judgment. If Photographer desires to use images for uses other than those specified above, Photographer shall not do so without first obtaining written permission from Client.
It is a violation of federal copyright law to allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without the permission of Photographer. Client agrees to purchase prints and products directly from Photographer unless in possession of high resolution digital files. Further, Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Photographer. Client agrees not to scan, copy or reproduce images in any manner, for any reason, without a written release from Photographer.
5. Client Usage
Client is obtaining photographs for personal use only and shall not sell prints or authorize any reproductions by parties other than Photographer.
6. Release of Digital Negatives
The original digital files from your session will be maintained on Photographer’s servers for 90 days after Client is initially presented with the final images. After ninety days, all images may be deleted from Photographer’s system. Client will have the option to purchase the original digital files prior to them being purged.
If Client purchases Digital Negatives of the event, these files will be delivered via cloud link. By releasing the digital negatives, Photographer authorizes the Client to use the images for their own personal use, including printing of the images at a lab of Client’s choosing. The digital negatives will be of the same quality as the images that are presented to the client online. Photographers are not responsible for the quality of enlargements from these files that have been taken to a non-professional and/or consumer photo lab. The images may not be sold or published without the written consent of Photographer. Photographer will retain the copyright of the images as well as the exclusive rights detailed in Section 4 “Copyright and Reproductions.”
Requests for additional and/or replacement copies of these files may be purchased for $150 per set.
7. Failure to Perform
If Photographer cannot perform this agreement due to fire, casualty, act of God, illness, or any other cause beyond the control of Photographer, then Photographer shall return all monies paid, including the retainer, and shall have no further liability with respect to this contract. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. In the event that Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the value of Client’s package.
8. Standard Price List
The charges in this contract are based on Photographer’s standard price list. This price list is adjusted periodically and any future orders or additions to this contract shall be charged at the prices in effect at the time when the order is placed or change requested.
9. Final Prints
Final Prints are individually edited for color correction, contrast adjustments, tonal adjustments, color enhancements, and conversion to black and white (if applicable). These images are used for online proofing, digital negatives, DVDs, proof books, and albums. Additional modifications and enhancements are billed at the photographer’s current retouching rates.
10. Venue Restrictions
Photographer may be necessarily limited by the guidelines or rules of the venue or shooting location. Client understands and agrees that Photographer will abide by such guidelines or rules and that they are outside the control of Photographer. Client agrees to hold Photographer harmless for the impact such guidelines or rules may have on the resulting photographs.
13. Requested Photographs
While Photographer will make every reasonable effort to take specifically requested photos, Client understands that due to the varieties of the weather, available light, and willingness or availability of subjects, Photographer cannot guarantee that any particular requested photo will be taken.
14. Artistic License
Photographer shall be granted full artistic license in relation to the poses photographed and the locations used. Photographer will not be held responsible for the lack of coverage caused by lack of availability of subjects or subjects not being on time.
Photographer maintains business liability insurance with The Hartford Insurance Company to protect Client from claims by the property owner for accidental damage Photographer and staff may cause. Certification of insurance is available upon request.