AGREEMENT OVERVIEW: This agreement contains the entire understanding between MARINA’S 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.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. MARINA’S 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 MARINA’S PHOTOGRAPHY.
HOUSE RULES: CLIENT agrees and understands that the photographer(s) are limited by the guidelines of the ceremony official or reception site/venue management and CLIENT agrees to accept the results that may occur from said guidelines. Negotiation with the officials for moderation of guidelines is solely the Clients responsibility. MARINA’S PHOTOGRAPHY will however offer technical recommendations concerning such guidelines.
RETAINER & PAYMENT SCHEDULE: $50.00 for Portrait Photography Services, $100 for Wedding Photography Services and $100 for Newborn Sessions are due at time of signing this agreement. This is a NONREFUNDABLE RETAINER. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to MARINA’S PHOTOGRAPHY in the event of a cancellation, or breach of contract by the CLIENT. The CLIENT shall also be responsible for payment of any MARINA’S PHOTOGRAPHY materials/charges incurred up to time of cancellation. The retainer shall apply 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 6 weeks of the event date. CD/DVD/USB/PRINT PRODUCTS creation is expected within 8 weeks.
MODEL RELEASE: I hereby give to MARINA'S PHOTOGRAPHY the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
LIABILITY: Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
COPYRIGHT & PENALTY: MARINA'S PHOTOGRAPHY retains all copyrights to all images created during client’s session. A print release may be purchased with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by MARINA'S PHOTOGRAPHY during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/Facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
SESSION REQUESTS/GUIDELINES:
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
*I cannot be held responsible for guests who step in front of me during a shot and "photobombs" won't be digitally removed/"photoshopped" out of the image unless requested by a client at additional cost of $25-$100 per image. For example, as the bride walks down the aisle or anytime during the ceremony and reception. I encourage you to ask your officiant to make an announcement at the beginning of your ceremony that you have hired a professional photographer who needs a clear view to capture moments which cannot be re-done.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.
*Please do not bring any children not being photographed to the session.
*Please make sure children's hair is combed and face is clean and free of runny noses or eyes. Make sure to remove any bulky items out of your pockets, head bands of your wrists and any other distracting items, it won't be digitally corrected in post production unless requested by a client at additional cost of $25-$100 per image.
*Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.
APPLICABLE LAW: This contract shall be governed by the laws of the County of Flagler in the State of Florida and any applicable Federal law.