Terms + Conditions of Booking
THIS AGREEMENT is between name Avery Emrich, hereinafter referred to as the “Photographer”, operating in the state of California, and the signer / client of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session details below.
1. Engagement of Photographer
1.1 Services. Subject to the terms set out herein, Client engages Photographer to provide, and Photographer agrees to provide, the photography services booked. As part of the Services, the Photographer will produce or take similar action to create materials from Images. “Images” means photographic material, whether still or moving, created by Photographer pursuant to this Agreement and includes, but is not limited to, transparencies, negatives, prints or digital files, captured, recorded, stored or delivered in any type of analogue, photographic, optical, electronic, magnetic, digital or any other medium.
2. Fees and Payment
2.1 Fees. Client will pay Photographer the fees set out herein in this Section 2.1, including any applicable federal or state/provincial sales or value-added taxes due on such Fees.
2.2 Invoice. Photographer will issue an invoice to Client upon agreement of the Services. Client agrees to pay all Fees outstanding on or prior to the due dates set out in Section 2.1. Any payment after the due date will incur a late fee of $30/day on the outstanding balance. Client acknowledges that the final amount payable may be subject to change depending on the amount actual expenses incurred. Client confirms and agrees that the final calculations provided in the Invoice, should they be different from the total listed in Section 2.1, will be the final amount payable. All additional expenses will be discussed between parties prior to final calculations and may include, but are not limited to, additional photo session hours requested prior to or on event day, and reimbursement for travel expenses such as parking, shipping, or destination fees.
2.3 Additional Hours. Additional time of photography coverage may be requested for $75.00 per every additional 30 minutes of coverage. Additional hours may be requested prior to event day or on the day of the event only after both parties have discussed and agreed upon new terms and fees.
3. Client Responsibilities
3.1 Required Consents. Client will ensure that all required consents, as applicable, have been obtained prior to performance of the Services, including any consents required for the performance of Services and the delivery of Work Product by Photographer and, as applicable, from venues or locales where the Services are to be performed or from participants of the Portrait Session.
3.2 Expenses. Client will provide the means of travel or be responsible for reasonable travel expenses incurred by Photographer that are necessary for the performance of the Services, or travel that is otherwise requested by Client where the location of the performance of the Services is not within 20 minutes from Grass Valley, CA. Client will be responsible for any other expenses incurred by Photographer that are necessary for the performance of the Services as more particularly set out in Article 2.
3.3 Garments. The photographer cannot be held responsible for damage to garments due to environmental events. Client is responsible to arrange personal assistance for garments.
3.4 Waiver. Client (on behalf of himself/herself and any other participant whose image or recording may be captured by the Services) hereby waives all rights and claims, and releases Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of Images pursuant to this Agreement.
4. Artistic Release
4.1 Consistency. Photographer will use reasonable efforts to ensure that the Services are produced in a style consistent with Photographer’s current portfolio, and Photographer will use reasonable efforts to consult with Client and incorporate any reasonable suggestions.
4.2 Style. Client acknowledges and agrees that:
Every client is different, with different tastes, budgets, and needs;
Avery Emrich will use artistic judgment when providing Services for Client.
Although Avery Emrich will use reasonable efforts to incorporate Client’s suggestions and desires, Avery Emrich shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any moneys returned.
If Client requests to have any photos re-edited or tweaked, Client must pay a fee of $10 per photo that they desire to be changed, and must submit all requests within 2 weeks of gallery delivery.
Client may not ask for, nor has the right to any of the RAW (unedited) photos due to protection of the Photographer's artistic consistency.
Artistic Rights. Avery Emrich retains the right of discretion in selecting the photographic materials released to the client.
5. Term and Termination
5.1 Term. This Agreement will begin on the Effective Date and continue until the latter of (i) the date where all outstanding Fees under this Agreement are paid in full; or (ii) the date where all final Work Product has been delivered.
5.2 Cancellation. Client may terminate the Agreement and/or reschedule the Services by providing Photographer with written notice no later than 5 days before the original date of the Portrait Session. If client cancels the session and terminates the Agreement for the Services within 5 days of the Portrait session, there will be a $50 cancelation fee.
5.3 Rescheduling. In the event of rescheduling, Photographer will use commercially reasonable efforts to accommodate Client’s change. If Photographer is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that Photographer will be under no obligation to perform the Services other than on the original date of the Portrait Session.
5.4 Late Arrivals. In the event that the Client arrives late to the Portrait Session, the amount of time late may be deducted from the time allotted for the session. Photographer will not provide a refund or other compensation for the time deducted from the session due to late arrival of the Client.
6. Copyright
6.1 Copyright and Reproductions. Avery Emrich shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, and sample products. 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 Photographer.
7. Client Usage
7.1 Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. Printing rights are granted to the Client. The Client’s prints are for personal use only and shall not be submitted into contests, reproduced for commercial use, or authorize any reproductions by parties other than Avery Emrich. The Client must act in accordance with this release.
7.2 Social Media. The Client may share blog post links, Instagram posts, and Facebook albums through use of the share functions and dissemination of direct links or in any other fashion the Photographer provides. Client shall not copy, screenshot, or capture the photographs in any other fashion (Ex. saving or screenshotting on Facebook/Instagram). The Client must credit/tag Avery Kay Photography in any posts or shares of their own. Client shall not alter or edit the images in anyway.
8. Indemnity and Limitation of Liability
8.1 Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Services and or Work Product Photographer provides to Client.
8.2 Force Majeure. If the Photographer or client cannot perform this Agreement due to emergency, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism, strike or other civil disturbances, pandemic, earthquake or any other conditions beyond the reasonable control of the parties, Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but will have no further liability with respect to the agreement. This limitation 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. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
8.3 Failure to Deliver. Photographer shall not be held liable for delays in the delivery of such Work Product, or any Work Product undeliverable, due to technological malfunctions and service interruptions that are beyond the control of Photographer. Photographer agrees to deliver a full gallery within 4-6 weeks after the scheduled event.
9. Parental Consent of a Minor
9.1 Parent Consent . In consideration of the services to be rendered by the photographer, Avery Emrich, this agreement is entered into between the undersigned parent or legal guardian ("Client") and the photographer. Client acknowledges and agrees that they have the legal authority to consent to the creation and use of photographic images of the minor child or children ("Minor") listed in this Contract. By signing below, Client grants the photographer the irrevocable right to use and publish the photographs taken during the session for advertising, marketing, and promotional purposes. Client understands that these images may be used in various media, including but not limited to print, online, and social media platforms. Client releases the photographer from any and all claims, liabilities, and demands arising out of or related to the use of the images, including any claims for compensation. This Contract constitutes the entire agreement between the parties and supersedes any prior discussions or agreements, whether oral or written.
These are the terms and Conditions for personal photography services to be provided by Avery Emrich. The Parties agree to the above terms and conditions, and acknowledge that they have received, read, and understand the Photographer's current price list.