Terms of Services
1. Scope of Work: This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the place and time agreed upon between Helms Photography and the client.
PHOTOGRAPHER agrees to provide no fewer than 5 photos for mini sessions, 15 photos for full sessions, and 20 photos for specialty sessions for CLIENT to view 2-3 weeks after the shoot, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. CLIENT has the option to pay a rush fee of $75 to have the photos returned within 24 hours rather than the 2-3 week turnaround.
2. Fees: In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the session fee that has been previously agreed upon. CLIENT agrees to pay the photographer a non-refundable initial payment totaling 30% (thirty-percent) of the total price of the photography services upon signing this contract. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT and fees paid in addition to the retainer can be transferred to agreed upon rescheduled time. All session fees are nonrefundable to the CLIENT after the services have been performed.
CLIENT understands that if they are more than 15 minutes late to the time agreed upon, they forfeit all fees paid for that time slot and must reschedule for a new slot and pay a new non-refundable initial payment to book the time slot.
2.2 The balance of the payment for photography services must be paid in full by the end of the session time. If CLIENT is required to purchase photos separately after the SHOOT, payment for those photos is due immediately upon ordering.
2.3 CLIENT may reschedule due to illness or other unforeseen circumstances only if the session is paid for in full. If the session is not paid for in full, a new retainer must be paid for the reschedule. Only ONE reschedule is allowed. There is a $50 reschedule fee for each time the session is moved after the first reschedule.
3. Work Product PHOTOGRAPHER for specialty sessions will deliver print proofs of photos to CLIENT no more than thirty days (30 days) after the date of the SHOOT. CLIENT understands and agrees that print proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs.
All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order.
ALL PRINTED PHOTOS MUST BE PURCHASED SEPARATELY.
If photos are included in the price for photography services, the following will constitute the entirety of photos to be delivered to client and licensed for personal use only.
All high-resolution digital files will be delivered to the CLIENT via digital download through Dropbox.com.
CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.
4. Indemnification: 4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. Duty of Client: CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Exclusive Photographer: CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event/session. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
7. Model Release: CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties. UNLESS OTHERWISE AGREED UPON. **PLEASE INDICATE IN THE COMMENTS SESSION IF YOU DO NOT WANT YOUR PHOTOS POSTED PUBLICLY ON FACEBOOK
8. Assignability and Parties of Interest: CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter. All photographers must be capable and competent to perform the services in a workmanlike manner.