a. “Photographer”: This agreement describes the type, nature, and duration of work to be performed by, and/or any agent(s) acting on behalf of, Erin Teter Photography.
b. “Client”: Hereafter to be considered “the signee” and/or the parent(s) and/or legal guardian(s) of any minor child(ren).
c. “Retainer”: A nonrefundable and nontransferable retainer serves two purposes; (1) it reserves the Photographer(s) for the Client’s portrait date and (2) when the final balance for services is due, as outlined in this document, its amount is applied towards the final balance.
d. “Product”: A digital file on which the Photographer’s image appears on or in and is delivered from the Photographer to the Client, or a printing medium (“print”, “lustre”, “canvas”, and similar), structure (“frame”, “block”, and similar.
e. “Third Party Payor”: Person or entity who makes payment on behalf of the Client.
f. “Full Resolution”: The maximum number of pixels possible with the cameras used, excluding cropped images.
g. “Reproduction Rights”: The Client is granted the nontransferable privilege by the Photographer to copy or duplicate digital images received, for personal use only, upon or within any medium, and without alteration (“Photoshop”, “edit”, “crop”, and similar). The Client shall not undertake in any Commercial Use of said images and is excluded from all moral rights to the digital images.
h. “Commercial Use”: Client shall not, under any circumstances, utilize any images captured by the Photographer that exchanges said images for monetary or other gain without expressed written permission from the Photographer. The Photographer retains all copyrights and moral rights to the digital images indefinitely.
This contract supersedes all prior agreements, whether oral or written, between the parties. If any provision of this agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable. The section and paragraph headings used in this agreement are inserted for convenience only and shall not affect the meaning or interpretation of this agreement. If the parties wish to waive or alter one provision of this agreement on this contract, and do so in writing, the other provisions shall remain unaffected.
Upon acceptance of the following terms and conditions set forth in this agreement, the Client shall remit payment to the Photographer. The Client’s portrait package includes 5 digital images. The selected package price is $179, and this includes the Photographer’s time to prepare for, photograph, edit, and disseminate images from the Client’s session. Additional images may be purchased at a cost of $7 each. The selected package price in this agreement is good for a period of 60 days from the date of receiving this contract. Client is fully responsible for any returned payment or applicable bank fees. The Photographer is retained for the Client’s portrait session only when both the contract is signed and the session fee is received and processed. Failure to provide payment shall render this agreement null and void, and the Photographer shall not be obligated to provide services, products, or to return any monies to the Client.
Any Third Party Payor shall not have any bearing, influence, or say to the provisions of photography for the portrait session or any other aspect of the provisions of photography outside of the portrait session as it pertains to the services provided by the Photographer to the Client. Any returned payment fees shall be the responsibility of the Client.
After the Portrait Contract has been signed by both the Photographer and Client, the Client shall be provided with a signed copy. The parties shall mutually select a date and location for the portrait session. Client shall be provided an Outfit Guide and a Pre-Session Questionnaire prior to the portrait session. Edited images will be available no later than 30 days after the portrait session and will be presented through an online gallery
Portrait Sessions located outside of Greater Harrisburg, PA may be assessed a travel fee of $.0535 per mile as determined by the round-trip distance between Harrisburg, PA and the location of the portrait session. Non-PA portrait sessions may also be assessed a travel fee inclusive of reasonable airfare, lodging, and transportation.
To obtain quality consistent with the Photographer’s brand, adequate time as recommended by the Photographer shall be allotted for artistic freedom and composition. The Photographer is not liable for acts of nature or natural phenomenon that might affect the quality or quantity of pictures. The Photographer is limited by the restrictions imposed by all policies at the portrait session location. All fees required to shoot at a portrait session location are the responsibility of the Client.
All decisions pertaining to culling, editing, and final image delivery shall be done at the sole discretion of the Photographer. The Photographer shall not guarantee delivery of any specific image, moment, or composition. It is possible that certain images may not adhere to the quality standards of the Photographer’s brand. If, for any reason, the Photographer deems an image unacceptable, there exists no obligation to deliver said image to the Client. The Photographer shall make a good faith effort to adhere to the Client’s requests as laid out in the Pre-Session Questionnaire. The Photographer is not liable for hindrances from photography caused by other persons, lighting, structures, or similar. The Photographer is not responsible for inclusion of persons who are not present or are uncooperative.
Full Resolution digital files, either purchased separately or included as part of the portrait package, shall be delivered to the Client with Reproduction Rights. The Photographer agrees to archive all edited digital images for a period of 1 year. The Client may contact the Photographer in writing within that year to purchase additional digital copies of these images for a fee of $15/image. After that period, the Photographer reserves the right to remove said images from storage, in part or in whole. The Photographer is not responsible for lost or failed media already delivered to the Client.
Once the Client has received the Full Resolution digital files and communicated to the Photographer in writing the image selection for professional products, either purchased separately or as part of the portrait package, these shall be processed and delivered within 12 weeks from that time. Album products include 2 proofing(s) and 4 revision(s). Additional revisions shall be charged a fee of $40 per hour. Once proofs have been accepted, the Photographer is no longer liable for the layout of the product(s). Further revisions and reprints shall be charged at full client cost.
The Photographer retains all copyrights and moral rights, including those not expressly granted in this agreement, to every photograph taken by the Photographer, indefinitely. The Photographer reserves the right to use any photograph for display, publication, promotion and advertising, or other purposes. The Client agrees to waive any right to examine or approve said photograph(s). The Client agrees to waive all privacy under § of the Pennsylvania Statutes or as otherwise provided by law.
The Photographer has no obligation to reproduce, mimic, or otherwise copy any existing photograph(s), digital image(s), composition(s), pose(s), editing style(s), or other copyrighted material(s) as governed by US Copyright Law, Title 17.
The Client agrees to grant the Photographer, Photographer’s studios, employees, legal representatives, licensees, and assignees, the irrevocable and unrestricted right to use and publish, with or without Client name(s), photographs herein described, in any and all forms and mediums and in all manners including composite images or digitally manipulated representations, of the portrait session for the purpose of publicity, illustration, commercial art, advertising, publishing, for any product or services, or other lawful uses as may be determined by the Photographer.
The Client hereby agrees to engage with the Photographer in an appropriate and civil manner. At no time and under no circumstance shall the Photographer tolerate abusive, violent, destructive, menacing, or harassing behavior from the Client and/or any agent or party acting on behalf of the Client. The Photographer reserves the right to terminate services immediately, without notifying the Client and without refund of monies paid.
Prior to the portrait session, the Photographer reserves the right to withdraw from this contract should new information pertaining to the Client’s portrait session, changes to agreed circumstances, or other factors that circumvent this contract’s policies be discovered, including but not limited to: non-cooperation; changes in locations, facilities, or portrait session dates and times; and late payments. Should the Photographer initiate the withdrawal, any monies paid shall be returned excluding all the following: 1) the retainer paid to secure the Client’s portrait session date, 2) the fees for photography services already performed , and 3) the actual Client cost for any products already delivered and not paid for separately.
Should the Client initiate cancellation of the portrait package, 50% of the package price is refundable provided cancellation is made 7 days prior to scheduled session. Any additional monies paid shall be returned excluding all the following: 1) the fees for photography services already performed, and 2) the actual Client cost for any products already delivered and not paid for separately. Cancellation must be communicated in writing.
Should a situation occur where the Photographer is unable to photograph the Client’s portrait session, and a photographer with similar skill is not available, liability to the Photographer is limited up to the return of the selected package price. In the event of catastrophic equipment failure or loss beyond the control of the Photographer or photographers resulting in a loss of digital images, liability to the Photographer is limited up to the return of the selected package price. The Photographer is not responsible or liable for delay caused by other participants, theft, fire, traffic, terrorism, and/or acts of nature. The Photographer is not responsible or liable for accidents arising from or relating to the providing of photographic services.
The Photographer reserves the right to change the photographer(s) for the Client’s portrait session, from within the Photographer’s own company or network of photographers, should reasons beyond the Photographer’s control, including illness, injury, family tragedy, unavailability, or similar, manifest.
The Client hereby agrees to indemnify the Photographer any and all of in the following circumstances: 1) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer’s equipment being damaged or otherwise rendered inoperable; 2) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer being harmed or injured; 3) any unintentional harm or injury caused by the Photographer or Photographer’s equipment; and 4) any Client requests that may violate law or ordinance unknown to the Photographer.
If there is a dispute regarding any provision in this agreement, the parties agree that all disputes shall be resolved through binding arbitration. A panel of three arbiters shall be selected, one by each party and the third by agreement of the party-appointed arbiters. Arbitration will take place in Cumberland County, Pennsylvania and shall be governed by Chapter 73 of the Pennsylvania statutes and other applicable Pennsylvania law. The decision of the arbiters shall be binding and conclusive as to all disputes and as to all parties to this agreement.
It is agreed that the laws of the State of Pennsylvania shall govern this agreement.
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