Portrait Contract for Mandy Blake Photography
Portrait Session Agreement Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, herein known as the "Client", agree that Mandy Blake, herein known as the "Photographer", shall provide services to photograph their portrait session and related events to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the Province of Ontario shall govern this contract. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. 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 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. Release of Liability By signing this agreement and paying the stipulated retainer fee, you are waiving certain legal rights.
*****PLEASE READ CAREFULLY***** If the Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to the Client, and the Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by the Client under this Agreement during the time preceding the date on which such liability arises. Without limiting the generality of the foregoing and except as set out in this paragraph, the Client hereby releases the Photographer from any and all liability for any loss, damage, injury or expense that the Client may suffer as a result of entering into this agreement and retaining the Photographer, due to any cause whatsoever, including, without limitation, negligence, gross negligence, breach of contract, and breach of statutory duty of care on the part of the Photographer. The Client also acknowledges and agrees that the Photographer shall have no liability whatsoever to the Client for any special, incidental, indirect, or consequential loss or damage of any kind, whether in contract or in tort including negligence and gross negligence or based upon any other legal or equitable theory/claim.
Indemnity: The Client shall indemnify and save the Photographer harmless from and against any and all claims of any nature and kind whatsoever made against the Photographer by any third party, including, without limitation, any guest at the session or the owner of the property at which the session/event was located, in relation to the ownership, use, reproduction, or otherwise, of any photographs taken by the Photographer hereunder in accordance with the terms of this agreement.
Retainer and Payment: The Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable retainer. No session is reserved until the contract and retainer are received. The fees due for the photography services must be paid in full prior to OR on the session date AND before any photos or products are released to the Client. Current fees can be found in the pricing section of at www.mandyblakephotography.com. 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 photograph the session. Returned cheques will be assessed a $25 non-sufficient funds (NSF) fee, and all future purchases/payments must be paid by Certified Cheque. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total. Fees/prices are subject to change without notice.
Cancellation: If for any reason the Client cancels this contract before the session date, Photographer will keep the retainer. Fees paid can be applied towards a new session date provided it is scheduled within THREE months of original session date. If the new session date is three months past the original date, Client will be subject to the Photographer's current pricing at the time of the new date.
Rescheduling: Should the Client you need to reschedule, a minimum of 48 hours advance notice must be given to the Photographer. In the event that Client reschedules the session and Photographer is able to rebook the session within three months of original session date, Client will receive credit for all monies already paid. A new contract may be required. The new session price will reflect pricing in effect when the date change occurs. In the event that Client reschedules the session and Photographer is not able to rebook within three months of original session date, Client forfeits the session fee.
Pricing: Services or merchandise not included in this initial contract will be sold at current price when an order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward session services from Photographer.
Digital Download/DVD/USB Flash Drive: Upon receipt of a photo DVD/USB flash drive or digital download link, the Client accepts all responsibility for archiving and protecting the photographs. The Photographer does not permanently archive image files. The Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs/USB flash drives provided. It is Client's responsibility to make sure that digital files are copied to new media as required. The estimated time of delivery of the completed images on DVD/USB is approximately four (4) weeks after the completed session date. In the event of any emergency or other circumstances beyond my control, please allow a delivery time of up to eight (8) weeks. The client will be notified as soon as possible if such circumstances arise.
Responsibilities: Unless agreed upon in advance, Mandy Blake shall be the exclusive photographer retained for the session/event. The Photographer may bring an assistant(s) at her discretion. Family members and/or semi-professional photographers must not obstruct or interfere with the official photography. The Photographer is not responsible for compromised coverage due to causes beyond her control such as weather conditions or schedule complications. The Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. In the event that your child(ren) is/are not fully cooperative during the session or refuse(s) to participate, the Photographer is unable to guarantee that the minimum number of specified images will result from the session and cannot be held liable in such a case. The Photographer will make every effort to engage your child(ren) to make the session successful.
Coverage: The Photographer will provide a session for the dates, locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement prior to the session/event day and must be paid in full before any photos or products are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be guaranteed. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out from the final selections. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Image Processing/Printing: The provided digital download, DVD or USB will contain both colour and black and white images for both printing and web use. Color correction and/or retouching are included at the Photographer's discretion. The Photographer cannot guarantee that your images will be identical or similar in style, interpretation or colour to any current or previous portfolio examples. The Client may request further changes for an additional charge. The Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients should order their prints through a reputable photo lab.
Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Mandy Blake/Mandy Blake Photography. The Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns. Photographs taken by the Photographer may be used the Photographer/Mandy Blake Photography for the purposes of display, promotion, portfolio, website/blog, photographic merit contests or any other use relating to the Photographer’s business and marketing.
Copyright: All photographs taken by Mandy Blake hereunder are her sole and exclusive property, and shall remain her sole and exclusive property and are hereby protected by Canadian copyright laws. The Client hereby waives any claims for ownership, income, editorial control, use of the images, and any and all moral rights the client may have relating to the photographs and/or the images thereon. Violators of this Federal Law will be subject to its civil and criminal penalties. Reproduction: The Client agrees not to scan, copy or otherwise reproduce images in any manner without written permission from the Photographer. If high resolution digital files are purchased, a written print release will be supplied with those files. The release grants the Client the right to reproduce the images provided for their personal use only and does not allow the photos to be altered, sold or published. Client further agrees not to supply images to any third parties, such as clothing vendors or for use in contests.
Artistic Style: On its own behalf, and on behalf of the subject: Client acknowledges that it he/she is familiar with the Photographer’s portfolio and is requesting services with knowledge of the Photographer’s style; that the Photographer’s work is constantly evolving; that the Photographer’s services are of unique and artistic nature; that the photos may be different from photographs taken by the Photographer in the past; and that in creating the photos, the Photographer shall use her personal artistic judgement to create images consistent with her personal vision of the session, which vision may be different from the Client’s and/or the Subject’s vision of the session. Accordingly, the Client acknowledges that the photographs shall not be subject to rejection on the basis of the Client’s taste or aesthetic criteria. I have read, understand and agree to the terms and conditions of this Agreement. The person agreeing below to this contract as the Client shall be fully responsible for ensuring that full payment is made pursuant to the terms of this Agreement. This agreement shall ensure to the benefit of and be binding upon the successors and assigns of the parties hereto. Absolute satisfaction is my goal and something I pride myself on. I do all that I can to ensure that you are thrilled with both your images and your product(s). In the unlikely event that you are completely dissatisfied with the final results of your images based solely on personal preference, I will reshoot with no session fee. However, the images will be put into a gallery for you to choose the replacement images at $30 each (plus hst).