This Contract is between the Client, whose name is stated above, and Hylah Hedgepeth.
1. Retainer and Payment. The Client shall make a non-refundable retainer in the amount of $100 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. Payment for product orders shall be submitted to the Photographer within 14 days of gallery delivery. A late payment fee of $50 will be applied to the amount due. No products will be delivered until the entire amount is paid in full.
2. Cancellation. If the Client requests to amend or cancel this Contract 10 or more calendar days before the agreed upon photographic event date, the retainer will be applied to a mutually agreed upon reschedule date within the same calendar year. If the Client fails to show or cancels 9 or fewer calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
3. Completion Schedule. Prints will take up to 2 weeks from time of print order to be processed and delivered to the Client. The Client should place orders in sufficient time and notify the Photographer at the time of the order if there are any circumstances requiring a quicker turn around. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
4. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer will make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 10 days of the photographic event.
5. 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 35 – 45 photographs to select from and shall not receive any photographic materials not presented to the Client
6. Copyright and Reproductions. 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.
7. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client.
8. 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. When uploading to Facebook or Instagram, the Client shall "tag" the Photographer’s business page.
9. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited.
10. Photographer’s Standard Price List. The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
11. Travel Fees. The Client shall pay $3 per mile beyond Los Angeles County.
12. Indemnification. 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.