Portrait Client Contract
This Agreement contains the entire understanding between Veronika Paluch Photography (herein after referred to collectively as the SUPPLIER) and the CLIENT. It supersedes all prior and simultaneous agreements. This contract constitutes an order for photography in the form of high-resolution digital images.
Description The Supplier agrees to create the Images in accordance with the following specifications:
a. Project and description of Images: portraits (1-1.5 hours), newborn/engagement/seniors (1.5-2 hours), family sessions (1-1.5 hours), or event (time specified explicitly by the Client) according to client package chosen.
b. Photographer-Photography of session at the sole discretion of the Supplier. Client acknowledges that the Supplier is using their artistic discretion to create photographs as the Supplier sees fit.
Use of Images. Images are strictly produced for the client’s private use only. Client assumes all liability for any form of copyright infringement.
Grant of Rights. Supplier hereby grants to the Client the following exclusive rights to use as (Personal Demo) for the products or publication named in paragraph 1(a). These rights shall be worldwide and for the full life of the copyright and any renewals thereof unless specified to the contrary here: Unless media sold to outside party. This grant of rights includes electronic rights, unless specified to the contrary here. Electronic rights granted shall be subject to the usage restrictions shown above. For purposes of this Agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored, and retrieved from such media as computer disks, DV media, computer databases, and network servers. The Client is obtaining prints and digital images (if purchased) for personal use only including non-commercial web sites, and shall not sell said prints or authorize any reproductions thereof by parties other than the Supplier. If any of the Supplier’s images are published (on the web or any other media) proper photo credit such as “© Veronika Paluch Photography.
Expenses. Client agrees to reimburse the Supplier for all reasonable expenses incurred in creating the Images, provided that such expenses shall be itemized and supported by invoices. Client is responsible for all Out-of-Pocket Expenses such as parking, entry, toll and other expenses directly related to the photographic assignment. Such expenses will be billed as it becomes available. Session fee covers travel within 20 miles of 19301. Any location outside of these limits will be subject to additional fees.
Payment. Client agrees to pay the $200 deposit in order to reserve the session, or payment in full within four weeks for event. For newborn/family/maternity/portrait sessions, the balance of the payment is due within one week of the delivered gallery. No images or products will be delivered or ordered until final payment is processed. All reservation fees are non-refundable, even if the date is changed or canceled for any reasons. There shall be NO refund of any payment made. Client is aware that the Supplier is blocking off the particular date and time in question therefore turning away any other potential work on that date and time. For this reason, no cancellation and no refunds are permitted. Additional custom orders (reprints, enlargements, albums, prints) must be paid in full at the time of the order. A $50.00 fee will be charged for any returned bank checks. If Client fails, or refuses payment or delivery by the terms set forth, Supplier shall charge the Client a service fee of $50.00 plus 2% interest per month.
Image and product selection: Upon delivery, client will choose final package, products, and images within one week of delivered gallery. Each additional day past the first seven days is subject to a $15 a day fee.
Liability. The Supplier will not be liable in the unlikely event that a problem arises, whether due to lateness, no show, accident, neglect, human error, loss of materials, acts of god, equipment or other failures. The Supplier is not responsible for the loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, flash restrictions, and the like. This limitation on liability shall also apply in the event that photographic materials are damaged in processing (digital), lost through camera malfunction, lost in the mail, fire or otherwise lost or damaged without fault on the part of the Supplier. Client understands the unpredictable and non-posed nature of photography (assumption of risk) and waives any right to civil action due to missed or lost photographs (including but not limited to unintentional inflictions of emotional distress and negligence). In the event the Supplier fails to perform for any other reason, the Supplier’s liability is limited solely to the return of all payments received from the Client under this Agreement.
Rescheduling. If an illness or situation prevents a photo session from taking place, Client may reschedule their session by giving The Supplier notice at least 24 hours in advance. Should client fail to give 24 hour notice, a $50.00 rescheduling fee will apply. Should Client decide to completely cancel the session, 50% of the session fee is forfeited and non-refunded. the Supplier reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances outside the Supplier's control.
Behavior of Participants. Supplier is not responsible for the lack of cooperation of participants and children. Client shall assist and cooperate with Supplier in obtaining desired photographs. Photographer requires the active and willing participation of each member of the photo shoot. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. During newborn/family/maternity session, or when additional children are not being photographer, the Client shall maintain control of other subjects including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. Client is 100% responsible for any damage inflicted on the studio space, materials, cameras, photographic supplies, or any other materials belonging to the photographer including but not limited to lenses, hard drives, cameras, and props. Client will be respectful to Photographer and all parties being photographed. Photographer has the right to end the session, without refund, if there is lack of cooperation or respect.
Reshoots/Refunds. Reshoots/refunds are determined at the discretion of the Supplier. Reshoots and refunds will not be given use to poor choice of clothing, makeup, hair, weather related issues, behavior of participants, or not following the recommendation of the Supplier.
Authorship Credit. Authorship credit in the name of the Supplier [i.e. Veronika Paluch Photography] shall accompany the Images when reproduced.
Copyright Notice. Copyright notice in the name of the Supplier [i.e. Veronika Paluch Photography] shall accompany the Images when reproduced. All copyrights, as well as originals, remain the sole property of the Supplier. In the event that digital negatives are provided, the photographer still retains copyright on the photographs.
Ownership of Physical Images and Storage Media. The ownership of the physical Images in the form delivered shall be the property of the Supplier. Sketches and any other materials created in the process of making the finished Images shall remain the sole property of the Supplier. Storage media (such as computer disks and digital cards) that contain electronic copy of any or all of the Images shall be the sole property of the Supplier. All photographic materials, including but not limited to digital files, transparencies, proofs, and previews , shall be the exclusive property of the Supplier. The Client, upon final payment, will receive the number of images agreed upon in the form of high-resolution digital files for personal printing. Upon the delivery of the digital files, Client shall gain personal non-commercial rights to the images. Client may not alter the images in any way, including cropping, converting to black and white, or applying Instagram or other filters.
Archive of Session Images: The Supplier does not guarantee archival of the digital files past a period of six months after a session date and will not be held responsible if loss occurs.
Warranty and Indemnity. The Supplier warrants and represents the he or she is the sole creator of the Images and owns all the rights granted under this Agreement, that the Images are an original creation (except for materials obtained with the written permission of others or materials from the public domain), that the Images do not infringe any other person’s copyrights or rights of literary property, nor do they violate the rights of privacy of, or libel, other persons. The Client agrees to indemnify and hold harmless the Supplier against any claims, judgments, court costs, attorney’s fees, and other expenses arising from any alleged or actual breach of this warranty.
Limit of Liability. Photographer is not responsible for injuries to any participating parties. Client(s) will be responsible for their children and for themselves, and will release the Supplier from any claims against their person or business.
Arbitration. All disputes arising under this Agreement shall be submitted to binding arbitration in Chester County, Pennsylvania, pursuant to the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof.
Assignment. The Supplier shall have the right to assign monies due to him or her under the terms of this Agreement, but shall not make any other assignment hereunder.
Miscellany. This Agreement constitutes the entire understanding between the parties. Its terms can be modified only by an instrument in writing signed by both parties. A waiver of a breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. This Agreement shall be binding upon the parties hereto and their respective heirs, successors, assigns, and personal representatives. This Agreement shall be governed by the laws of the State of Pennsylvania.
Permissions to Photograph. It is the sole responsibility of the Client to secure permission of the venue for the Supplier to photograph the event. Many cities, counties, state agencies and private venues/businesses are charging a photography permit fee. The Client is responsible for the payment of such fee. In the event Client fails or refuse to pay for any such permit fee despite having been informed by the Supplier that such fee is required, Client is responsible for any and all related costs or fines if applicable.
Final Photo Product. The Supplier makes no guarantees, either expressed or implied, in regard to the quality of the Images, because they are subjective and in addition, may be influenced by many factors beyond the control of the Supplier, especially during live or unstaged events such as parties. It is also understood that the Client is hiring the Supplier for his or her technical and artistic expertise and, therefore, the Supplier reserves the rights to edit the Images as seen fit. The Supplier does not guarantee that everyone involved in the event will be photographed or will be included in the final Images. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Supplier from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. It is recommended to place the photo and album in a dry, cool, shade area and never in direct sunlight in order to maximize the archive life. Client is aware that digital files may be corrupted due to inherent media deficiencies and random interference.
Post-production costs. Requests for changes to the final Images will be subject to an editing surcharge of $45.00 per hour, including but not limited to head swapping, extensive skin retouching, changing color of hair/roots, restructuring the jawline, removing people from the image, and adding people to the image.
Model Release. The signing of this agreement by the Client constitutes a commercial model release by the Client to the Supplier. The Supplier will have the right to make reproductions including by not limited to website, portfolio samples, self-promotion, magazines editorial use, advertisement/marketing and professional competition without further release. The Supplier will not make reproductions for other commercial use without first obtaining the written permission of the Clients. Client waives the right of tort of invasion of privacy due to any reproductions.