1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the designated location at the selected time. PHOTOGRAPHER is not required to make up for time due to CLIENT failure to arrive on time to begin shooting. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos in alignment with portfolio. Additional editing or airbrushing will incur additional charges beginning at $15 a photo.
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the listed price + sales tax. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 100% of the total price of the photography services upon signing this contract. The 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.
3. Work Product
PHOTOGRAPHER will deliver edited digital photos to CLIENT no more than 14 days after the date of the SHOOT. Digital images will be held in an online gallery for full-resolution download. Gallery will remain accessible for 60 days. No prints are to be included in the price for photography services. Prints and other products will be available to CLIENT as a separate transaction following release of digital images. CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose during the SHOOT.
4.2 - 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.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - 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.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
4.7 – PHOTOGRAPHER will shoot and edit photos in line with their aesthetic as displayed on portfolio and website and is not liable for differences of aesthetic.
4.8 – PHOTOGRAPHER is not required to offer or provide a reshoot should client be unsatisfied with images. Reshoots are determined at the discretion of the PHOTOGRAPHER. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
5. Duty of Client
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Exclusive Photographer
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
7. Model Release
Due to the visual nature of Emily Keeney Photography's work, using real life examples of work is vital to success of business. CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties. The most common occurrence for use of photos is on emilykeeney.com and on social media for brand promotion.
Due to the promotional nature of this event, no reschedulings will be offered. Missed sessions will not be refunded or credited.