- PORTRAIT CONTRACT - 

Thank you so much for choosing me to photograph your session. Please take a moment to fill out the form and read through the photography agreement. Please contact me if you would prefer a physical copy of the agreement.

The above-listed client (the "Client") and Photographer (Tracy Badham) agree that the Photographer will provide portrait photography services for Client. Sessions last up to 3 hours. Time per session can depend on several factors including Client participation, weather, Client’s late arrival and other unforeseen issues outside of Photographer's control. Unless otherwise noted, photographs will be taken using digital camera equipment, producing digital images in high-resolution, JPG format. Photographer will use his/her professional judgment to determine which images will be included for viewing session. Photos may contain a mixture of color, and black and white images. The photographer’s editing process will consist of color correction, light and natural skin softening, and creative techniques consistent to what is shown in the Photographer’s portfolio. Additional touchups such as object or blemish removal, heavy skin softening, head swapping, or altering the subject or scene in any way is not included, but may be made available at an additional charge. The edited JPG images will be the only photos made available to Client. The RAW, unedited images are not an accurate representation if the Photographer’s work and will not be available to the Client. Images will be edited and completed within 1 month after your session date.

This is a legally-binding contract. This contract represents the entire understanding of the requirements, schedule, and payment terms for  photography services listed above. If there are any disputes or actions resulting in legal proceedings related to this contract, such actions shall take place in and be subject to the laws of  the state of Georgia.

Clients accept sole financial responsibility for any legal fees or related costs incurred by the Photographer in enforcing the terms of this photography contract. Any failure by one or both parties to uphold or enforce a provision of this contract shall not constitute a waiver of any other provision of this contract.

This agreement is between Tracy Badham Photography, and the signers of this portrait photography agreement, with the portrait session detailed below.

PAYMENT

The Client agrees to retain the Photography for the services listed above by signing this portrait photography contract and paying a session fee of $190 to cover Photographer's time, hair and makeup, style consultation, use of studio wardrobe and viewing/purchasing session. Client acknowledges that no reservation can be made prior to the signature of this contract and subsequent payment of the initial service deposit. Delay in payment and signature could result in your date being booked by another party. This session fee is non-refundable. The Photographer must be notified immediately of any changes in schedule, at least two weeks prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email or text. If an email or text is sent, a confirmation of receipt must be sent back by the Photographer.

 

COPYRIGHT 

The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.  

ARTISTIC RIGHTS

The Photographer retains the right of discretion in selecting the photographic materials released to the Client.   The Client shall receive a gallery of a minimum of 50 photographs to select from and shall not receive any photographic materials not presented to the Client.  The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.

SOCIAL MEDIA

The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. When uploading to a Facebook Social Media profile, the Client shall "tag" the Photographer’s business page and mention the Josie England Photography in the caption on Facebook (Josie England Photography) and or Instagram (josie.england).

GARMENTS 

The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments.


Clients are responsible for all location fees and permits.

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 retainer fee 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. 

INDEMNITICATION

The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

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