As of today, hereafter referred to as “Client,” enters into the following agreement with Laura Frazier Photography, hereafter referred to as “Photographer.” This contract constitutes the entire agreement between both parties and will apply to all future transactions.
A. Creative Fee
Client agrees to pay photographer a creative fee non-refundable retainer fee of $200 at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session.
B. The additional amount of the creative fee is due at the time of the session. This fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer and digital images with printing rights. Additional editing is available at additional expense to be determined by photographer.
C. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 20 miles of Berthoud, CoI. Any location outside of these limits will be subject to an additional charge of $.57/mile as part of the agreement.
D. Rescheduling
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, the deposit is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
E. Re-shoots
Re-shoots are determined at the discretion of the photographer. Re-shoots will not be given because of poor choices of clothing, make-up or hair, poor temperament or uncooperative participants, weather related issues, location choice, or by not following the recommendations of the photographer.
F. Images
Photographer commits to providing at least 5 images from one session. Proofing of client’s images will be available for viewing within 2-3 weeks after the session date and delivered once full payment is received. Photographer will present full gallery at this time and client will have the option to purchase additional images at that time if they choose. Payment is due in full at time of photo session.
G. Ordering
Due to the custom nature of each session, all sales are final. Client must be absolutely sure of their purchase prior to the end of your ordering session, as print orders are placed to our professional lab within one to two (1-2) business day(s) of your session.
H. Archive
All images will be available for additional ordering for one (1) month following client viewing date. The client viewing date will begin when the in home ordering session takes place. After one (1) month, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
I. Payment
All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
J. Damage
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by UPS, FedEx or US mail. Client assumes all responsibility for the safety of all portraits upon receipt. All portraits sent via USPS can be insured and require delivery confirmation upon client’s request and at client’s expense.
K. Model Release
Photographer kindly asks that all clients sign the model release so that photographer may display the images from their session on photographer’s website, http://www.laurafrazierphotography.com, company Facebook page, instagram and for using for marketing/promotional/advertising purposes.
L. Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
M. Copyright & Penalty
Laura Frazier Photography retains all copyrights to all images created during client’s session. A print release may be purchased with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Laura Frazier Photography during client’s photo session. This applies to “sneak peek” images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
N. Session Requests
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.
*Please do not bring any children not being photographed to the session.
*Please make sure hair is combed and face is clean and free of runny noses or eyes.
*Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of right-clicking, saving, and sharing the image via your own page.
I have read and understood the terms above. I hereby agree to the terms of this agreement.
I agree and understand that by signing the Electronic Signature Acknowledgment and Consent Form, that all electronic signatures are the legal equivalent of my manual/handwritten signature
Please sign below:
In consideration of my engagement as a model, and for other good and valuable consideration herein acknowledged as received, I hereby grant the following rights and permissions to Laura Frazier Photography ("Photographer"),her heirs, legal representatives, and assigns, those for whom Photographer is acting, and those acting with his/her authority and permission. They have the irrevocable, perpetual and unrestricted right and permission to take, use, re-use, publish, and republish photographic portraits or pictures of me or in which I may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations, in conjunction with my own or a fictitious name, or reproductions thereof in color or otherwise, made through any medium at her studios or elsewhere, and in any and all media now or hereafter known, specifically including but not limited to print media and distribution over the internet for illustration, promotion, art, editorial, advertising, trade, or any other purpose whatsoever. I specifically consent to the digital compositing or distortion of the portraits or pictures, including without restriction any changes or alterations as to color, size, shape, perspective, context, foreground or background. I also consent to the use of any published matter in conjunction with such photographs.
I hereby waive any right that I may have to inspect or approve the finished product or products and the advertising copy or other matter that may be used in connection with them or the use to which they may be applied. I hereby release, discharge, and agree to hold harmless Photographer, her heirs, legal representatives, and assigns, and all persons acting under her permission or authority or those for whom she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of such photographs or in any subsequent processing of them, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy. I hereby warrant that I am of full age and have the right to contract in my own name. I have read the above authorization, release, and agreement, prior to its execution, and I am fully familiar with the contents of this document. This document shall be binding upon me and my heirs, legal representatives, and assigns.
This release shall be binding upon the minor and me, and our respective heirs, legal representatives, and assigns.
FINAL DELIVERY: Laura Frazier Photography will deliver the high-resolution files via email with a printing release for client to have printed.
