This document is a contractual agreement made between: Ashley English and Coop & You (referred to hereafter as “Photographer”) and Client.
This agreement contains the entire understanding between the 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 parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
SCOPE OF WORK:
CLIENT is guaranteed up to 20 minutes of shooting time.
PHOTOGRAPHER agrees to provide no fewer than 8 photos for CLIENT after the shoot, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary.
FEES AND RESERVATIONS:
Mini-session fees are determined in advance of the shoot and announced when mini-session sign-ups are live. In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the agreed upon sum. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. The balance of the payment for photography services must be paid in full no later than the day of the SHOOT(S). In the event the CLIENT fails to remit payment as specified, the PHOTOGRAPHER shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the SHOOT(S). Returned checks will be assessed a $5 non-sufficient funds fee.
SHOOTING TIME / ADDITIONS:
The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the SHOOT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.
WORK PRODUCT AND COPYRIGHT:
PHOTOGRAPHER will deliver digital photos to CLIENT no more than thirty days (30 days) after the date of the SHOOT(S). All photos delivered to CLIENT are licensed for CLIENT’S personal use only. The PHOTOGRAPHER grants the CLIENT permission to make personal-use prints and share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the PHOTOGRAPHER. The CLIENT must obtain written permission from the PHOTOGRAPHER prior to publishing or selling the photographs.
– PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT(S).
– If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, CLIENT agrees to indemnify PHOTOGRAPHER for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
– CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
– CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
– CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT and any others participating in the SHOOT(S) poses or works with PHOTOGRAPHER.
– PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT and their family/pets participating in the shoot or in which the CLIENT and their family/pets participating in the SHOOT(S) may be included, for editorial, publication, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT and their family/pets participating in the SHOOT(S) releases all claim to profits that may arise from use of images.
LIMIT OF LIABILITY:
In the unlikely event that the PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the PHOTOGRAPHER, responsibility and liability is limited to the return of all payments received for the SHOOT(S). If weather becomes an issue on the scheduled day of the SHOOT(S), the PHOTOGRAPHER and CLIENT will reschedule on an agreed date with no additional charge.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the PHOTOGRAPHER’S control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER’S liability is limited to the return of all payments received for the SHOOT(S). 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. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.
CAPTURE AND DELIVERY:
The PHOTOGRAPHER is not liable to deliver every image taken at the event. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER.
POST PRODUCTION AND EDITING:
The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER.
How to Make Payments:
You can make your initial payment online below via Paypal. You can complete your payment with cash, check, or Venmo on the day of the shoot. Please let us know if you have any questions!
Initial Mini-Session Payment