Client Photography Contract
- It is understood M&M Photography is the exclusive official photographer retained to perform the photographic services requested on this Contract.
- Upon signature, M&M Photography shall reserve the time and date agreed upon. All sitting fees and retainers are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
- If in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the photographer, the photographer may elect to use an alternate location or to reschedule the portrait.
- All sessions will start at the scheduled time even if the client is tardy or unprepared. The session end time will remain the same. If additional time is needed, the client will have the option to pay for additional time at an hourly rate.
- If more than one location is used in a single session, the travel time does count towards the total session time. The same applies to outfit changes.
- The client is responsible for providing any props or outfits that are to be used within the session. Photographer will not be held responsible for additional sessions needed due to forgotten items. If the client is late or more than fifteen minutes late without a phone call, the photographer reserves the right to reschedule the session.
- No part of any order, including previews, will be delivered until the balance is paid in full.
- The photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the photographer in the event of litigation arising out of such use. Negatives, digital files, and previews remain the exclusive property of M&M Photography.
- If the photographer cannot perform this contract due to fire or other casualties, strike, act of God, or other cause beyond the control of the parties, or due to photographer’s illness or emergency, then the photographer shall return any deposit or sitting fee to the client but shall have no further liability with respect to the contract. This limitation on liability shall also apply if photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the photographer. In the event the Studio/Photographer fails to perform for any other reason, the photographer shall not be liable for any amount in excess of all monies paid.
- Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and the client releases the photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
- The charges in this contract 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.
- NOTICE OF COPYRIGHT: It is ILLEGAL to copy, print, or reproduce these photographs or videos elsewhere without the photographer’s permission, and violators of this federal law will be subject to its civil and criminal penalties.
- This contract incorporates the entire understanding of the parties and is governed by the laws of Fort Bend County, Houston, TX. Any modifications of this contract must be in writing and signed by both parties.
- I have read and understand this agreement, including the terms and conditions, and with my paid deposit, I agree to be bound by them.