Portrait Session Agreement
Terms and Conditions
AGREEMENT: This contract between Em Parker Photography (d/b/a Em Parker Portrait) and Client, governs the assignment of photographing and constitutes the agreement between the parties concerning the Assignment. Any amendments to this agreement shall be made and agreed in writing. This Agreement may be executed in one or more counterparts, including electronic versions, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument.
ASSIGNMENT: If included in package, Em Parker Portrait will provide a makeup and hair stylist who will do makeup and hair for the Client. Em Parker Portrait will provide a photographer to take photographs during the Portrait Session. Photographs shall be made in digital format and shall be of a style similar to photographs visible on Em Parker Portrait’s website at www.emparkerportrait.com. Final edited images will be finished within 4 weeks after full payment has been made.
REVEAL SESSION: Client will attend a scheduled Reveal Meeting with Em Parker Portrait to view their photographs as prints or otherwise indicated in package details. Prints and digital images are a separate charge and must be paid in full before delivery. Prints and products can take up to 16 weeks to be delivered from the date of ordering and full payment received.
RESERVATION: The signing of this contract and Session Fee are required to reserve the specified Portrait Session date of service.
FEES: The Session Fee covers the time for photographing, makeup and hair styling if indicated in the package details, and editing and processing of images. No images will be delivered and no rights are granted unless timely payment is made in full, no later than one week before the assignment date.
CANCELLATION: The Session Fee is non-refundable. In the case of cancellation, the Session Fee may only be applied to reserve time for another date for which Em Parker Portrait is available, as long as the cancellation occurs no less than 3 days prior to the original session date. The Session Fee will not be applied to a re-scheduled session if a cancellation is made within 3 days of the original session date. Cancellations must be made official in writing through email, paper, or phone text. If this contract is cancelled at any time before the assignment, by the Em Parker Portrait, any amount paid by the Client shall be refunded by Em Parker Portrait to the Client in full. Em Parker Portrait reserves the right to cancel this contract at any time if necessary. Em Parker Portrait reserves the right to cancell or leave the assignment if it is determined if the safety of anyone involved is believed to be threatened. In circumstances where the safety of the photographer, stylist or assistants is believed to be threatened by the Client, Em Parker Portrait will be paid as though the entire assignment was completed and no images obtained will be delivered to the Client and no additional services will be rendered.
DELIVERABLES: Images provided by Em Parker Portrait shall be of a style and quality generally similar to photographs visible on Em Parker Portrait's website at www.emparkerportrait.com. Client agrees that Em Parker Portrait is hired for the creative interpretation of it's photographer and stylists, and may deliver artistic images including ones that have areas of selective focus, creative framing or cropping, or with effects that have been applied through editing software. A list of the products available for purchase such as prints, folio boxes, etc. will be available at the Reveal Meeting. Products may take up to 20 weeks to be delivered from the time they are ordered and paid for in full. Images that are purchased as prints will include their digital image that are equivalent in size and quality. All digital images that are delivered to Client are soley the responsibility of the Client to copy and archive. Photographer will not guarantee the replacement of any digital images that are lost or damaged once they are delivered to the Client.
COPYRIGHT: All images produced under this contract may be used by Photographer through any medium, for legal commercial and personal purposes. All final images delivered to Client may be used by Client for non-commercial and personal purposes, in accordance with all terms of this Agreement. The Client is permitted to copy and share any digital images received with purchase. Clients shall not present, or permit any third party to present Em Parker Portrait’s work as being that of anyone other than Em Parker Portrait.
DISCLAIMER: While Em Parker Portrait will take all reasonable precautions, there are occasions when a problem may arise, due to the unpredictable nature of assignment photography. Em Parker Portrait shall take reasonable steps to complete Assignment satisfactorily and in keeping with this Agreement. In no circumstance shall Em Parker Portrait be liable for any amount that is greater than the sum of that which has been received by Em Parker Portrait. Em Parker Portrait will not be responsible for the lack of coverage or lost photo opportunities due to weather conditions, schedule complications due to lateness of individuals or groups, or rules and restrictions of the Portrait Session location. Em Parker Portrait retains the right to discretion on final images delivered. Em Parker Portrait will make every reasonable effort to meet Clients’ wishes regarding desired images, but shall not be held responsible for failing to photograph any particular individual, combination of individuals, group, or moment in time.
DATA AND/OR IMAGE PERMANENCE: Images delivered to Client shall meet industry standards for data and/or image permanence and health. The Client is advised to immediately make backup copies of digital files and store them securely. Em Parker Portrait will make every effort to keep digital archives of images for at least 2 years but shall not be liable if they are degraded or lost for any reason within that time, nor will Em Parker Portrait be liable to the degradation of physical photographic products over time. Em Parker Portrait does not guarantee the permanence of any product.
RELEASE: On behalf of all subjects of the Portrait Session, the Client hereby grants the following rights and permissions to Em Parker Portrait and those acting under it's authority: the right and permission to take, use, and publish images of those photographed, including any images in which a minor may be included, in whole or in part, without restriction as to alterations or reproductions of such photographs through any medium, in any and all media for any appropriate and legal commercial or personal purpose. The Client waives any rights to inspect or approve any finished product or advertising copy or printed matter that may be used by Em Parker Portrait. Clients agree to hold harmless and defend Em Parker Portrait and persons acting under it's authority, from any liability in connection to the taking of said images or subsequent processing and publication of them. The Client hereby warrants that they are a legal and competent adult and have legal authority to make such an agreement on behalf of any person present at the Portrait Session. The Client states further that they have read the above agreement, prior to its execution, and that they are fully familiar with the contents of it. This release shall be binding upon the Client, and Client’s respective heirs, legal representatives, and assigns.