This agreement is between DeAngelo Rose (The Rose Tours), hereinafter referred to as the Photographer, and the signers of this portrait photography agreement, hereinafter referred to as the Clients, collectively referred to as the Parties, with the portrait session detailed below.The package list and price list and/or documents attached to this contract are integral parts of this document. The contract terms, agreement, and price list are the only legally binding documents between the Parties.
Agreement Overview
I understand that 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 the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
Deposit
A deposit fee of $100 is required prior to all sessions. No date is reserved until a deposit is received.
This is a non-refundable fee and covers the time of the photographer in the event of a cancellation. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client.
The deposit shall be applied towards the total cost of the session fee. The balance of the session fee must be paid before or on the day of event. If final payment is not received, the Photographer will not be expected to attend said event.
Cancellation
There shall be no refund of deposit after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within two weeks of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
Change of Date or Location
The Photographer must be notified immediately of any changes in schedule or location, at least one week prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the client’s responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information (time, etc.) as listed, you must notify the Photographer. The Photographer kindly asks that the Client get in touch with the Photographer two weeks prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.
Weather
The Photographer will decide if weather conditions will restrict the ability to fulfill a session. This decision may be made in advance or on the day of the session, depending on weather conditions.
Proofs and Ordering
After your session, The Photographer and Client will pick the amount of images included in package. If time doesn't prevail, both parties will agree on a time and location to view images within 7 days. Once picked, your portraits will be available on The Rose Tours website, in a gallery to view and download. Final edited proofs will be available 4 to 6 six weeks after the date of the session. Portraits will be available for three months and then the gallery will expire. If available, Clients may request a re-opening of their gallery after it has expired. An unarchiving fee of $40 will be incurred. Upon receipt of payment your gallery will be live for 14 days.
Failure to Perform
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Clients are responsible for all location fees and permits.
Copyright
Title (possession) of and copyright to all products shall remain with the Photographer until client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. I understand that it is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution digital images, Clients will be given a written release to make personal copies of images from the gallery. I understands the images given in the gallery cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution digital images, Clients will be given a written release to make personal copies of images from the gallery. I understands the images given in the gallery cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Photographer.
Garments
The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.
Force Majeure
If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less deposit and expenses, but shall have no further liability with respect to the Agreement.
This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.
Model Release
I hereby give permission to DeAngelo Rose of The Rose Tours to use my photographic likeness in all forms and media for advertising (including social media), exposition displays, trade, and any other lawful purposes.
Official Photography Release
I, DeAngelo Rose, copyright holder of all The Rose Tours, hereby grant permission for the Client to make prints or enlargements of any purchased digital images. It is recommended that the client prints through The Rose Tours for the best results. Remember to crop the pictures to the specified size before printing through any other printer. Printing through consumer sites such as CVS, Walgreens, Walmart, etc. is highly discouraged and the Photographer will not be held responsible for the quality of these prints. Posting pictures online is allowed, and including the company name and/or link to the company’s Facebook page/website is always welcomed. All pictures remain the property of The Rose Tours for use of advertising and other purposes.