Portrait Contract

Please review and sign this contract by the due date. This document constitutes a binding contract between client, and Trisha Hadley (Photographer) regulation the ownership and use of photographs and derivative works based thereupon (collectively hereafter the “Photos”) taken by Photographer for all lawful purposes, subject to the terms and conditions described below. We look forward to working with you!

    The Client shall make a non-refundable retainer in the amount of $300 (and additional fees for added parties) for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. Payment for product orders shall be submitted to the Photographer within 7 days of Reveal, whether via online proofing appointment or in-person viewing. Any payment plan agreements agreed to by the Photographer and the Client shall be included as an addendum to this Contract. No products shall be delivered until the entire amount is paid in full.
    If the Client requests to amend or cancel this Contract 60 days or before the agreed upon photographic event date, the retainer SHALL be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels 59 days before the agreed upon photographic event date, the retainer shall be forfeited.
    In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 60 days prior to the scheduled event. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
    The photographer has fulfilled a personal scheduled consult for the Client(s) taking place either at photographer's studio or via phone. The Client has been submitted a list of pricing either during the consult or directly prior/thereafter via email. Charges 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.
    Photographer will furnish a hair and/or makeup artist, and Photographer is not liable for any application or services by this Independent Contractor. This includes, but is not limited to, allergies as a result of use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
    The use of alcohol IS permitted on the Photographer’s premises, however the Client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images.
    The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall view a gallery of 25-30 images to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $75 and up per file.
    The Photographer retains creative control of the session. This control is including, but not limited to, the adjustment of hair, makeup, jewelry, clothing, and clothing straps.
    The Photographer shall make gallery proofs available through an agreed upon in-person product consultation. These proofs shall be available for viewing by the Client within 1- 2 weeks of the photographic event. All orders shall be placed during the in-person consultation and all products, including digital files, will be released until the agreed upon amount is paid in full. All photographic materials, including but not limited to previews, shall be the exclusive property of the Photographer.
    The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. 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. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
    The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use.
    The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “COPYRIGHT YEAR PHOTOGRAPHER BUSINESS NAME” in the caption of all photographs uploaded to social media websites and profiles.
    If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the 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 the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
    The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photography session and the immediately surrounding events.
    This Contract incorporates the entire understanding of the parties. Any modifications of this Contract 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 Contract. This Contract shall be governed by the laws of the State of Michigan.
    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.
    Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.