AGREEMENT OVERVIEW: This agreement contains the entire understanding between Devon Shanor 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.
COOPERATION/TIME: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Devon Shanor Photography, LLC is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Devon Shanor Photography, LLC. If the client is late for the shoot, the time allotted for the session will be reduced by the time lost. (A half hour late will reduce the session time by a half hour.)
IMAGES and COPYRIGHTS: the photographs produced by Devon Shanor Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Devon Shanor Photography’s explicitly written permission. There is a printing rights permission that is included with high resolution disks, with which the owner may make prints for personal use and sharing, as well as use for their personal blogs, sites, and social networks. The owner may not re distribute the disk in any manner. The Client must obtain written permission from, and compensate Devon Shanor Photography, prior to the CLIENT, or its friends/ relatives publishing or selling the images for profit.
MODEL RELEASE. The CLIENT & Subject hereby grant to Devon Shanor Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same; and to copyright the same. The CLIENT hereby releases Devon Shanor Photography and its legal representatives and assigns from all claims and liability relating to said photographs. Clients with minor children must sign for them on this contract.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents him from photographing the event, Devon Shanor Photography will make every effort to reschedule the event. If, for whatever reason this is not possible, Devon Shanor Photography will have a competent professional photographer available to replace her for the photographing of the event. Devon Shanor Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Devon Shanor Photography’s control, Devon Shanor Photography’s liability is limited to the return of all payments received for the portrait package.
PRODUCTION AND DELIVERY: Production and delivery time will vary, depending on products selected. Devon Shanor Photography is not responsible for production and/or mailing delays. No changes can be made after final approval and once files have been submitted for printing. New shipping charges will be applied if additional products are ordered after initial order has been placed.
PHOTOSHOP/EDITING: Minimal editing will initially be done by Devon Shanor Photography, LLC. Blemishes and other minor editing will be done on all ordered products/prints. Major editing/photoshoping will require additional fees.
RETAINER & PAYMENT SCHEDULE: 50% of the total cost 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 Devon Shanor Photography in the event of a cancelation, or breach of contract by the CLIENT. The CLIENT shall also be responsible for payment of any Devon Shanor Photography’s materials/charges incurred up to time of cancellation. The retainer shall applied towards the total cost of the service to be rendered. The remaining charges are payable in full on the date of the session.
COMPLETION SCHEDULE: Images are expected to be prepared for proofing within two weeks of the session date. Printed items and albums can be expected within two weeks of order date.
ALBUMS/BOOKS: Album images are chosen by the client. Albums will be designed by DEVON SHANOR PHOTOGRAPHY, LLC staff. Once designed, the design may be viewed CLIENT for final approval. Minimal changes may be made at that time, but no changes may be made after final album approval. Changes in more than 10% of pages may incur additional charges. Production and delivery time will be approximately six weeks from final approval date.
WEATHER: In the case of rain, snow of other cases of bad weather the shoot will be rescheduled or an indoor location chosen.
COLLECTION: In the event that Devon Shanor Photography is required to file a legal action to collect fees due under this Agreement, or to otherwise enforce this Agreement, then the Devon Shanor Photography shall be entitled to recover all costs and expenses incurred in relation to such legal action, including an award of reasonable attorney’s fees.
JURISDICTION AND VENUE: This Contract shall be governed by and interpreted under the laws of the State of Virginia. The venue for any dispute under this contract shall be the General District Court for the City of Virginia Beach