Let’s pinky promise.
This agreement is between the Client, whose name and address is listed below, and Camille Weaver Images, here on out referred to as the Photographer.
Please fill out the form below to agree to this contract. No photography session will take place until this agreement is signed.
1. Session/Booking Fees. The Client shall make a non-refundable booking/session fee of $225 to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for Client. Fees are not refundable.
2. Cancellation. If Client requests to cancel this agreement 2 weeks before the session date, the Session Fee shall be applied to a mutually agreed upon reschedule date (must be rescheduled that same calendar year). If Client cancels this agreement less than 2 weeks before the session date, the Session Fee shall be forfeited. Any other arrangements shall be discussed between the Client and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation. Last minute "emergency" cancellations due to illness or emergency will be given special consideration and potentially given an opportunity for rescheduling. In the event of illness or emergency on the photographer's behalf, the client will be given an alternate session date or full refund.
3. Session Policies. Sessions will begin at the agreed-upon start time. Plan to arrive/be ready 10-15 minutes EARLY. Due to time constraints, sessions will be shortened appropriately in the event of late arrivals. Sessions are limited to immediate family members only. Due to increased editing time, additional family units can be added for $150 per family. All full sessions are up to 120 minutes in length. An online gallery of your photos will be delivered within 3 weeks of your session date. The Client will have 24 hours to view slideshow and choose collection before proceeding into gallery. The Client’s gallery will be active for 30 days after it’s post date. All orders should be placed within this 30 day period after which it will cost a $50 fee to reopen it.
4. Exclusivity. The Photographer and/or any photographers hired by the Photographer to photograph shall be the exclusive photographer(s) retained by the Client for the purpose of the portrait photography session. Family and friends of the clients and other event vendors shall not interfere with the Photographer’s duties.
3. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a session, the retainer shall be applied towards a rescheduled session if notice is given at least 2 weeks prior to the session. Rescheduled sessions must be within the same calendar year. Any cancellations made less than 2 weeks before the session date will result in a forfeited session fee. Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session.
4. Creative License. Images are edited at the Photographer’s discretion and the Client’s gallery may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
6. Intellectual Property. All images are copyrighted by Camille Weaver Images. Any full-resolution digital files included in the Client’s collection will include a print release that allows the Client to have the images printed at any location and in any medium. The Client may also post any purchased images on social networking sites (Facebook, Instagram, etc…) and/or personal websites and blogs. Because the Photographer retains the copyright to every image, the Client may not use them for advertising or other revenue-producing purposes without express permission.
7. 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. 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.
8. Model Release. The Client signing this contract warrants that he/she/they has actual authority to agree to the use of the likeness of all persons included in the portrait session. Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, All Persons included in portrait session, and/or in which Client may be included, for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
9. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial and sale use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print license the Client must act in accordance with that license.
10. Social Media. The Client may share blog post links, Facebook albums, etc. 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 unless provided with written permission of Photographer.
11. Force Majeure
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the Session Fee to the client and shall have no further liability. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.
12. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Price List which has been provided to the Client both in verbal and written form. 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.
13. Prints. The Client is given an amount of print credit within the Photographer’s Pic-Time store according to whichever Collection he/she/they choose(s). After Client purchases desired print products, The Photographer will have 2 days to process order. Print orders will be delivered to the Client’s home within the specified date according to the oder made within Pic-Time. Due to the custom nature of photographic prints and products, all sales are final. If, however, there is any issue with a print or product ordered through the Photographer’s Pict-Time store, please let the Photographer know so it can make it right. Any prints or products not processed through the Photographer’s Pic-Time store will not be guaranteed by the Photographer due to common color and finish discrepancies.
14. Travel and Overage Fees. Photographer will travel up to 20 miles from area code 38107 for on-location sessions. If the Client would like to schedule a session at a location farther from this travel fee will incur ($20 per 10 miles), unless specified otherwise by the Photographer.
15. 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 $225. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
16. Indemnification. The Photographer shall be held harmless for any and all injury to the Client during the course of the photography session and the immediately surrounding events, either on location, or on the Photographer’s property. The Client(s) will be responsible for themselves and their children and release Photographer from their person or their business.
17. 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 TN.
18. 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.
**If you would like a copy of this contract, please email camillweaverimages@gmail.com.