Portrait Session Terms and Conditions

This agreement is between the Client, whose name and address is listed below, and Jeremy Rill Photography.

Retainer and Payment.  The Client shall make a deposit equal to 50% of the session fee to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Deposit is applied to session fee. The remainder of the session fee will be paid in full 24 hours before reserved time and date agreed upon by both parties. 

Cancellation.  If Client requests to amend or cancel this agreement (5) or more calendar days before the session date, the deposit shall be applied to a mutually agreed upon reschedule date.  If Client cancels this agreement, or fails to show, this agreement the day of the session, the retainer shall be forfeited.

Rescheduling/ Late Arrivals.  In the event that the Client requests to reschedule a session, the deposit shall be applied to a rescheduled session if notice is given at least (1) day prior to the scheduled event.  Reschedule must be within the same calendar year.  Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. If shooting on location and client is more then 15 minutes late the session will be canceled and retainer will be forfeited. 

•  Session Responsibility.  If subjects are unwilling or uncooperative photographer will not be held responsible. Photographer will make every attempt to work with child but in the end can not be held responsible for lack of resulting images. If child is sick at least 1 days notice must be given prior to session otherwise retainer is forfeited. Photographer can not be held responsible for weather. If weather is not acceptable to client please give photographer at least 1 day notice to reschedule, otherwise retainer is forfeited. Photographer is not responsible for subjects appearance. I.E. wind blown hair, dirt on clothes, smeared makeup. Photographer will make every attempt to make sure appearance stays in tact but in the end is not responsible if subject is unhappy with appearance.

Completion Schedule.  orders generally take up to two weeks from time of order to be processed and delivered to Client. Client should place order with enough time to allow for normal delays. Photographer shall not be held responsible for delivery delays. 

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

Photographic Materials.  All photographic materials, including but not limited to 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 (1) week of the session. If an online proofing gallery delivered, it shall remain open for (60) days from delivery.  The Client can request to extend the time or reopen the online proofing gallery. All orders must be placed within (60) calendar days of proof gallery delivery.   No digitals or negatives will be released until the agreed upon amount is paid in full.

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. However, the Photographer shall not do so without first obtaining the written permission of the Client in the form of a model release.  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.

Client’s Usage.  The Client shall only use the images, including digital files, in accordance with the permissions within this agreement.  The Client’s images are for personal/professional use only and shall not be submitted to contests or reproduced for commercial use. Client may not alter or edit image in anyway without written permission from photographer. If the Photographer provides a digital file release, the Client must act in accordance with the release.

Social Media.  The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links.  Client shall not copy, download, screen shot, or capture the photographs in any other fashion. 

  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 return of all payments made to photographer.  

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. 

Gallery and Product Ordering.  Galleries are presented within 2 weeks of session. Galleries are left active for 30 days. A $25 fee will be due to re-activate a gallery. 

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.

Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

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 Colorado.

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.

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.

Model Release Portion

I, authorize the Photographer to use and to create images for promotional material, online usage, and other areas of marketability.  I further authorize the distribution of photographs to potential clients of the Photographer for portfolio purposes.  I agree and understand that the photos will be taken digitally.

I, further acknowledge that I will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights. 

I, also hereby waive all rights and release the photographer from, and shall neither sue nor bring any proceeding against the photographer or his agents for any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy or personality or any similar matter based upon or relating to the use and exploitation of the photos.

I also consent to the use of my own name or any fictitious name, which may be chosen in connection with the aforesaid photographs.  I hereby release any and all claims whatsoever in connection with the use of my photograph and name and the reproduction thereof as aforesaid.  I hereby waive any right that I may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied. 

Name *
Name
Phone *
Phone
Address *
Address
Session date as agreed upon *
Session date as agreed upon
Session time as agreed upon *
Session time as agreed upon
Client agrees to Terms and Conditions? *
Client agrees to Model Release? *