Portrait Session Terms and Conditions Statement
I. Release I hereby give to Tamara Fleming Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken:
a) To copyright the same in the photographer’s name.
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) Website, Blog, Facebook, Instagram, Google+, Pinterest, illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
II. Capture and Delivery Client will receive high quality digital files in a online gallery within 7 business days of session. The determination of images delivered is left to the discretion of Tamara Fleming Photography. All images receive basic color correction. The gallery will be active for (30) days to view, share with friends and family if desired. If you have not viewed and selected your images within the alloted time frame there is a $50 re-publish fee for (30) days.
Post Production and Editing The final post production and editing styles, effects, and overall look of the images are left to the discretion of Tamara Fleming Photography. Requests for changes to the final images will be subject to an editing surcharge of $50 per hour.
III. Liability Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for themselves and release photographer from any claims against their person or their business.
IV. Copyright & Penalty Tamara Fleming Photography retains all copyrights to all images created during client’s session. The client will receive a print release with digital files to print portraits for personal use. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Tamara Fleming Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Note from photographer: I work very hard to create images that you'll enjoy, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them. Just ask.
EVENT COVERAGE TERMS:
ENTIRE AGREEMENT: This agreement contains the entire understanding between TamaraFlemingPhotography.com/Photographer 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 signed a waiver in writing.
RESERVATION: A signed agreement and a $1/2 security deposit is required to reserve the specified coverage and the above Reserved Event Date unless otherwise agreed upon with photographer.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. TamaraFlemingPhotography.com/Photographer recommends that CLIENT designate an “event guide” to point out to the photographer, during the event, important individuals that they wish to have photographed and included in formal or candid photographs. TamaraFlemingPhotography.com/Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. TamaraFlemingPhotography.com/Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to TamaraFlemingPhotography.com/Photographer.
SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and TamaraFlemingPhotography.com/Photographer agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences and ends at the above scheduled start and end times. Any additional time must be agreed to in writing and will incur additional fees.
HOUSE RULES: The photographer is limited by the guidelines set out by the event official or site management. CLIENT agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is CLIENT’S responsibility; TamaraFlemingPhotography.com/Photographer will offer technical recommendations only.
USAGE LICENSE: Until final payment for services rendered is made, the photographs produced by TamaraFlemingPhotography.com/Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without TamaraFlemingPhotography.com/Photographer explicitly written permission. Upon final payment by the CLIENT, a usage license will be granted to the CLIENT for all image files, proofs and prints furnished or provided to the CLIENT under the following conditions: The image files, proofs and prints furnished or provided are for unlimited promotional/advertising and publication use by the CLIENT. The commercial sale of image files, submission to stock agencies or other use by third parties is not included and requires the written permission of TamaraFlemingPhotography.com/Photographer. EXHIBITION: TamaraFlemingPhotography.com/Photographer retains the full ownership and copyrights to all photographs and image files taken under this Agreement, including but not limited to the right to display on its web site or otherwise selected images resulting from this assignment as an example of TamaraFlemingPhotography.com/Photographer work and for entrance into photographic competitions.
LIMIT OF LIABILITY: In the unlikely event that the TamaraFlemingPhotography.com/Photographer is injured or becomes too ill to photograph the event, TamaraFlemingPhotography.com/Photographer 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. TamaraFlemingPhotography.com/Photographer 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 PhotoCoverage.com/Photographer’s control, PhotoCoverage.com/Photographer’s liability is limited to © 2009 PhotoCoverage.com Page 2 of 3 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.
CANCELLATIONS: In the event of cancellation by the Client, the security deposit paid is nonrefundable. In addition if a Client’s cancellation is made less than ninety (2 weeks ) before the above event date, an additional sum in the amount of thirty percent (25%) of the above Photography Fee shall be due and payable as liquidated damages to TamaraFlemingPhotography.com/Photographer.
COMPLETION SCHEDULE: Proof processing and printing and DVD creation takes approximately one week after the event (If Applicable). Delivery of images will be via weTransfer or box.com. The client must download the entire folder upon receipt and before the images expire. There will be a $60 repost fee for adding the images back to the cloud for transfer
PAYMENT SCHEDULE: 50% of the Photography Fee, less the $200 paid security deposit is due and payable 90 calendar days before the above Reserved Event Date and the full balance of the Photography Fee is due and payable sixty (30) calendar days before the Reserved Event Date. Payment for all optional services and products not included in the above Photography Fee is due in advance and at the time of ordering same. All payments are to be made payable to Tamara A. Fleming. I have read and understood the terms above. I hereby agree to the terms of this agreement.
Submission of this Event form confirm your approval of the items listed above.!
Let’s Get to Work!