This agreement contains the entire understanding between Free Bird Photography 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.
1. Booking
The full session fee is due at time of signing this agreement. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to Free Bird Photography in the event of a cancellation, or breach of contract by the Client. The Client shall also be responsible for payment of any materials/ charges incurred up to time of cancellation. The retainer shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full t oFree Bird Photography on the date of the session. Free Bird Photography considers a session booked only upon receipt of both payment and this signed contract. It reserves the right to book other clients for the desired session until both items are received. Rates are subject to change without notice. Clients will receive rates posted at time of booking.
2. Cooperation
The parties agree to cheerful cooperation and communication for the best possible result
within the definition of this assignment. Free Bird Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Free Bird Photography.
3. Rescheduling & Late Arrivals
In the event that clients wish to reschedule a session, all amounts paid are non-refundable. In the event of postponement, notice must be given at least 2 weeks prior to the scheduled time and must be rescheduled within same calendar year. Late arrivals will have amount of time late deducted from total time allotted for session.
4. Limit of Liability
In the unlikely event that the photographer is injured or becomes too ill, or has an extreme
emergency that prevents her from photographing the event, Free Bird Photography will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the package purchased. Free Bird Photography takes the utmost care with respect to exposure, transportation, processing and archiving the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Free Bird Photography’s control, Free Bird Photography’s liability is limited to the return of all payments received for the portrait package. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/ Photographer fails to perform for any other reason, the Studio/Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
5. Physical Liability
Clients are responsible for their conduct at all times. Any breakage or damage to equipment or studio contents are the sole financial responsibility of clients. Clients agree to hold Free Bird Photography and its agents harmless for any injuries or damages sustained preceding, during, and immediately following a session. In the event the Client’s behavior becomes abusive to Erika or a member of her team, Client will be asked to leave, session canceled and all payments forfeited to Free Bird Photography.
6. Images and Copyright
The photographs produced by Free Bird Photography are protected by Federal Copyright Law
(all rights reserved) and may not be reproduced or altered in any manner without Free Bird Photography’s explicitly written permission. Digital images given to the Client are for personal use only and will receive a print release allowing Client to have images printed. Commercial use of images is strictly prohibited. Images may not be entered into any contest or submission without prior written authorization. Online images will be locked. Screen grab downloads, printing of digital images and scanning of prints for digital imagery use is illegal and punishable by law. Digital Negatives provided to Client with web sized watermarked images are not to be reproduced and are for displaying on social networking sites, email, and online forums only. Watermarks are not to be cropped out unless payment is received to do so. You may in no capacity edit the image (ie. color to B&W, social media filters, etc.) or submit to contests without approval of Erika Ashauer. The Client grants Free Bird Photography and its legal representatives the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, advertising and promotion of Free Bird Photography in any medium.
7. Payment
Payment may currently be made by cash, check, or Paypal for credit cards. If payment is returned for any reason a $35 NSF Fee will be applied to your account in addition to any fees applied by your bank and 10% interest will accrue after 30 days every month thereafter until the balance is paid in full. Additional traveling fees may apply depending on your location. Client is responsible for paying any location fees.
8. Proofing
Unless otherwise written, online proofing galleries will be made available for 8 weeks. Orders for prints must be placed within that time. Galleries will be subject to a fee of $50 for 2 weeks if an extension is requested by Client. In person ordering sessions can also be requested by Client at no additional charge within the first 8 weeks of the gallery launch.
9. Model’s Permissions & Rights Granted
For good and valuable Consideration and by signing this release, I hereby give the Artist and Assigns my permission to use the images in any media for any purpose (except pornographic and defamatory) which may include, among others, advertising, marketing and packaging for any product or service. I agree that the images may be combined with other images, text and graphics, and cropped, altered or modified. I agree that I have no rights to the images, and all rights to the images belong to the Artist and Assigns.
I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Artist and/or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns.
I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws of the state State of Colorado excluding the conflicts of the laws.
DEFINITIONS: “MODEL” means me and includes my appearance, likeness and form. “MEDIA” means all media including digital, electronic, print, television, film and other media now known or to be invented. “ARTIST” means photographer, illustrator, film maker or cinematographer, or any other person or entity photographing or recording me. “ASSIGNS” means a person or any company to whom Artist has assigned right under this
release. “IMAGES” means all photographs, film or recording taken of me as part of the Shoot. “SHOOT” means the photographic or film session described in this form.
