TERMS & CONDITIONS for She-Bee Photography
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THIS SESSION INCLUDES: (ONE) (40) Minute Portrait Photography Session (1 Outfit, 1 Location)
• Processing of up to 20 images from each session
• Digital Gallery to View ONLINE and select (8) Digital Images for Social Media, Printing, or sharing with family and friends.
>>>>>>>>>>TOTAL AMOUNT OF SHOOT...............$285.00
RETAINER/DEPOSIT (due at Booking/Signing of contract)..................$75.00
>>>>>>>>>ENTIRE AGREEMENT: This agreement contains the entire understanding between She-Bee Photography and the client. This agreement supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing and must be signed by all parties.
>>>>>>>>>RETAINER: Portrait sessions require $75.00 deposit when signing a contract. The retainer is applied towards the contracted portrait session. The retainer is non-refundable, even if the session is canceled for any reason (although rescheduling is allowed).
>>>>>>>>>>PAYMENT: Payment for any reservation retainer may be paid via Pay Pal, Cash, $Cashapp or Debit Card. No checks accepted for mini session payments.
>>>>>>>>>>CANCELLATION: If a session date is canceled, one rescheduling session will result without loss of the retainer (within 30 days). If session is not rescheduled within 30 days from original cancellation, the retainer is forfeited. If a second rescheduling is necessary, the retainer is forfeited.
>>>>>>>>>>STANDARD PRICE LIST: The service and product pricing contained within the Portrait Photography Contract are based on She-Bee Photography’s Standard Price List as of the date of its execution. The price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
>>>>>>>>>>RELEASE OF DIGITAL NEGATIVES: All portrait session files can be purchased on high resolution USB for a fee specified in Standard Price List. If purchased, She-Bee Photography authorizes the Client to use the images contained on the USB for personal use only. The images may not be sold or published without the prior written consent of She-Bee Photography, or posted online for the purpose of reselling prints. She-Bee Photography will retain the exclusive copyright ownership of the images contained on the USB as well as the exclusive rights detailed in the section of this agreement. Upon releasing the high-resolution images on the USB to the Client, She-Bee Photography is released of all liability for future archiving of the files. Should Client wish to purchase a second (or lost) copy of the high resolution USB they can do so for a fee specified in Standard Price List. All prices are in U.S. Dollars.
>>>>>>>>>COMPLETION SCHEDULE
Completion schedules and delivery of products shall be determined from date of final approval by Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.
>>Editing, Processing and Delivery of Final Photos shall takes 2 weeks to deliver to Client.
>>Prints shall take 3 days from time of print order to be processed and delivered to Client.
>>Albums shall take 4 weeks from date of final design approval by Client to be received by the Photographer.
>>>Canvas shall take 1 weeks from time of canvas order to be processed and delivered to Client.
>>Client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $175 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
>>>>>>>>>USE OF INDEPENDENT CONTRACTOR
In the event a Photographer furnishes a hair and/or makeup artist, the 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.
>>>>>>>>>USE OF ALCOHOL
The use of alcohol is NOT permitted on the Photographer’s premises without photographers consent. If consent is granted the CLIENT takes FULL responsibility and understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images and the PHOTOGRAPHER WILL NOT be held liable.
>>>>>>>>>BODY ALTERATIONS
The Photographer retains the right to cancel the session and retain the retainer amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries, etc.
>>>>>>>>ARTISTIC RIGHTS
The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Client shall receive a gallery of at least 20 photographs 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 edits may be requested for $15 per file.
>>>>>>>>CREATIVE CONTROL
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.
>>>>>>>>PHOTOGRAPHIC MATERIALS
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.
>>>>>>>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 two weeks of the photographic event. All orders shall be placed during the in-person consultation.
>>>>>>>>COPYRIGHT AND REPRODUCTION
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. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. 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.
>>>>>>>>CLIENT USAGE
The Client shall only use the photographic 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 use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
>>>>>>>>SOCIAL MEDIA
The Client may share web/blog post links and social media 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. The Client shall identify the “Copyright She-Bee Photography” in the caption of all photographs uploaded to social media websites and profiles.
>>>>>>>>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.
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>>>>>>>>>>EXHIBITION: The client grants She-Bee Photography permission to display/publish selected images resulting from this assignment as an example of She-Bee Photography’s work for purposes of marketing, stock, media and editorial submissions, advertising and promotion (on the internet and in print), and for entrance into competitions and release all claims to profits that may arise from such images.
>>>>>>>>>>TRAVEL: All travel fees are included within 20 miles from zip code 32301. Sessions that require additional travel will be charged at the rate of 56¢ per mile (each way) up to one hour; anything beyond one hour will result in an automatic $75 travel fee. Miles will be based on routes using interstate highways and other major roads.
>>>>>>>>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 $100. 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 here under 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 Florida.
>>>>>>>>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.
>>>>>>>>>>LIMIT OF LIABILITY: She-Bee Photography takes the utmost care with respect to exposure, transportation and the processing of your photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond She-Bee Photography’s control, She-Bee Photography's liability is limited to the return of all payments received for the event package or a re-shoot session.
>>>>>>>>>PLEASE TYPE YOUR FULL NAME AND AGREE TO TERMS AND CONDITIONS BELOW TO FINALIZE THE CONTRACT.
CONTRACTING PARTY NAME
(by signing my name, I am agreeing to above terms and conditions) *
