Portrait Photography Contract
 
PHOTOGRAPHER
 
Fairytale Dreams Photography
Phone:5184976402
Email:fairytaledreamsbooking@gmail.com
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PHOTOGRAPHY SERVICES AGREEMENT BETWEEN: Fairytale Dreams Photography (“PHOTOGRAPHER”) AND: The Client(s) identified in the form below and the associated Invoice (“CLIENT(S)”) PARTIES & DEFINITIONS 1.1 Parties. This Photography Services Agreement (“AGREEMENT”) is between Fairytale Dreams Photography, a New York photography business, including its owners, employees, contractors, assistants, representatives, successors, and assigns (collectively, “PHOTOGRAPHER”), and the undersigned client(s) identified in the associated invoice (collectively, “CLIENT(S)”). 1.2 Capacity and Authority. The individual signing this AGREEMENT represents and warrants that they are at least eighteen (18) years of age, have full legal capacity, and have authority to bind all persons being photographed, including any minor children, to the terms of this AGREEMENT and to grant all releases and permissions contained in this AGREEMENT on their behalf. 1.3 Definitions. “PHOTOSHOOT” means the portrait session, event, or services described in the Invoice. “DELIVERABLES” means the edited digital images and online galleries provided by PHOTOGRAPHER pursuant to this Agreement and expressly excludes RAW or unedited files. SCOPE OF WORK, RESPONSIBILITIES & BOOKING 2.1 Services. PHOTOGRAPHER agrees to perform professional photography services for the PHOTOSHOOT as described in the Invoice, which is incorporated into and forms part of this AGREEMENT. 2.2 Confirmation. Session date, time, and location will be confirmed by text and/or email within approximately twenty‑four (24) to forty‑eight (48) hours before the Photoshoot. CLIENT(S) is responsible for monitoring the contact information they provided and promptly confirming any changes. 2.3 Cooperation. CLIENT(S) agrees to arrive on time, to follow PHOTOGRAPHER’S reasonable instructions, and to ensure that all participants (including children and accompanying adults) cooperate during the PHOTOSHOOT. PHOTOGRAPHER is not responsible for missed shots, limited coverage, or reduced variety of images due to late arrival, non‑cooperation, or restrictions beyond PHOTOGRAPHER’S control. 2.4 Client Responsibilities; Permits. CLEINT(S) is responsible for: (a) obtaining permission from property owners, venues, or public locations for photography; (b) securing and paying for any required permits, entry fees, or permissions; and (c) notifying Photographer of any location rules or restrictions before the PHOTOSHOOT. PHOTOGRAPHER is not responsible for limitations imposed by any venue, property owner, park authority, or law enforcement, and such limitations may affect the number and type of images captured without constituting a breach of this AGREEMENT. 2.5 Minors & Supervision. Where any person being photographed is a minor (under 18 years of age), the undersigned represents and warrants that they are the minor’s parent or legal guardian or have full authority from the parent or legal guardian to sign this AGREEMENT on the minor’s behalf. A parent or legal guardian must be present at all times during the PHOTOSHOOT for any minor client. CLIENT(S) is solely responsible for supervising children and other participants and for ensuring their safety and appropriate behavior; PHOTOGRAPHER is not responsible for supervising minors or preventing them from engaging in unsafe activities. 2.6 PHOTOGRAPHER Exclusivity & Interference. CLIENT(S) agrees that PHOTOGRAPHER shall be the exclusive professional PHOTOGRAPHER for the PHOTOSHOOT and that no other professional or semi‑professional photographer will be engaged to provide overlapping services at the same time without PHOTOGRAPHER’S prior written consent. Client agrees to prevent interference with PHOTOGRAPHER'S work by guests or third parties (including but not limited to blocking shots with phones or cameras, giving conflicting posing directions, or restricting PHOTOGRAPHER'S movement). PHOTOGRAPHER is not responsible for any impact on the number or quality of images caused by such interference or by restrictions imposed by third parties. 2.7 CLIENT(S) Punctuality. CLIENT(S) understands that the PHOTOSHOOT is scheduled for a specific start and end time. If CLIENT(S) or any key participant arrives late, that time will be deducted from the scheduled session, and the PHOTOSHOOOT will still end at the agreed time. PHOTOGRAPHER is not obligated to extend the session or provide additional images due to late arrival, and no refunds or credits will be given for time lost. If CLEINT(S) is more than thirty (30) minutes late, PHOTOGRAPHER may treat the session as a no‑show and a cancellation by CLIENT(S) under Section 4.1. 2.8 CLIENT(S) Contact & Notices. CLIENT(S) agrees to keep their contact information (email address and mobile number) current and to promptly read all communications from PHOTOGRAPHER related to the PHOTOSHOOT. Any notice sent by PHOTOGRAPHER to the most recent email address or phone number provided by CLIENT(S) will be deemed received. FEES, NON‑REFUNDABLE RETAINER & PAYMENT 3.1 RETAINER (BOOKING FEE). To reserve the PHOTOSHOOT date and time, CLIENT(S) shall pay a non‑refundable RETAINER in the amount of one hundred fifty dollars ($150.00) at the time of booking (“RETAINER”). The RETAINER is consideration for blocking off the date, declining other work, and administrative and planning work performed upon booking; it is earned upon receipt, is not held in escrow, is not a deposit for future services, and is not subject to refund under any circumstances except as expressly stated in this AGREEMENT. 3.2 Application of RETAINER. Provided the PHOTOSHOOT proceeds as scheduled (or as rescheduled in accordance with this AGREEMENT), the RETAINER shall be credited toward the total fees owed for the Services. 3.3 Liquidated Damages – CLIENT(S) Cancellation/Breach. If CLIENT(S) cancels the PHOTOSHOOT, breaches this AGREEMENT, or otherwise prevents PHOTOGRAPHER from performing as scheduled (including failure to appear), the parties agree that the RETAINER shall be retained by PHOTOGRAPEHR as liquidated damages, and not as a penalty, representing a reasonable estimate of lost bookings, reserved time, and administrative and planning expenses. 3.4 Final Balance. The remaining balance stated in the Invoice is due in full on or before the start of the PHOTOSHOOT. No DELIVERABLES will be released until all amounts due have been paid in full and have cleared. 3.5 Late Fees. If any balance remains unpaid after the PHOTOSHOOT, a seven (7) day grace period shall apply. Thereafter, a late fee of fifty dollars ($50.00) will be assessed, plus twenty‑five dollars ($25.00) every additional seven (7) days the balance remains unpaid. Photographer may withhold all DELIVERABLES and suspend further services until full payment, including late fees, is received. 3.6 Chargebacks. CLIENT(S) agrees not to initiate any credit‑card or payment‑processor chargeback for payments properly made under this AGREEMENT and understands that initiating an unwarranted chargeback constitutes a material breach. If a chargeback occurs, CLIENT(S) remains liable for the full contract amount, all bank and processing fees, and reasonable collection and attorney fees incurred in recovering such amounts. CANCELLATION, RESCHEDULING, RAIN DATE & WEATHER 4.1 CLIENT(S) Cancellation. If CLIENT(S) cancels the PHOTOSHOOT for any reason, all payments made to date, including the RETAINER, are non‑refundable and will be retained by PHOTOGRAPHER as liquidated damages, subject only to PHOTOGRAPHER'S cancellation obligations below. 4.2 Rescheduling by CLIENT(S) (Any Reason). CLIENT(S) is allowed one reschedule per PHOTOSHOOT, for any reason, subject to PHOTOGRAPHER'S availability, and that one reschedule shall be the pre‑scheduled rain date described in Section 4.3. No additional complimentary reschedules are permitted. If CLIENT(S) requests any further date change after the rain date has been set, a non‑refundable rescheduling fee of fifty dollars ($50.00) will be due at the time of the request, and any new date must occur within thirty (30) days of the previously scheduled rain date, subject to PHOTOGRAPHER'S availability. Any reschedule or cancellation beyond this window may, at PHOTOGRAPHER'S sole discretion, be treated as a cancellation requiring a new RETAINER and a new AGREEMENT. 4.3 Weather, Rain Date & Safety. At the time of booking, CLIENT(S) agrees to reserve both (a) a primary PHOTOSHOOT date and (b) one pre‑scheduled “RAIN DATE” occurring within thirty (30) days of the primary date, subject to PHOTOGRAPHER'S availability. The RAIN DATE is deemed CLIENT(S)'S one permitted reschedule under Section 4.2, regardless of whether the reschedule is due to weather or any other reason. PHOTOGRAPHER has sole discretion to determine whether weather, location conditions, or safety concerns make proceeding with the PHOTOSHOOT impracticable or unsafe. If PHOTOGRAPHER determines that conditions require rescheduling due to inclement weather, the PHOTOSHOOT will be moved to the agreed rain date with no additional RETAINER required and with all payments made remaining non‑refundable. If CLIENT(S) later requests to move the RAIN DATE for any reason, the rescheduling fee and timing limits in Section4.2 shall apply. The original RETAINER will transfer to any approved new date and remains non‑refundable. 4.4 PHOTOGRAPHER Cancellation (Non‑Force‑Majeure). If PHOTOGRAPHER cancels the PHOTOSHOOT for reasons other than those stated in Section 7.1 (force majeure, impossibility, or circumstances beyond PHOTOGRAPHER'S control), PHOTOGRAPHER will offer CLIENT(S) a mutually agreeable rescheduled date as CLIENT(S)'S sole and exclusive remedy. If the parties are unable to agree on a new date, PHOTOGRAPHER'S maximum obligation shall be limited to refunding to CLIENT(S) all amounts paid under this AGREEMENT excluding the RETAINER, which the parties agree has been earned upon receipt as a non‑refundable booking fee and as liquidated damages for PHOTOGRAPHER'S time spent reserving the date, turning away other work, and performing pre‑session planning, communication, and preparation, and PHOTOGRAPHER shall have no further liability of any kind. ARTISTIC CONTROL, EXPECTATIONS, EDITING & DELIVERY 5.1 Artistic Discretion & Evolving Style. CLIENT(S) acknowledges that they have reviewed PHOTOGRAPHER'S portfolio and website and are requesting services with full understanding that PHOTOGRAPHER'S work is creative in nature and that artistic style, editing choices, and overall aesthetic are unique to PHOTOGRAPHER. PHOTOGRAPHER'S artistic style may evolve over time, and CLIENT(S) understands and agrees that the photographs created under this AGREEMENT may differ in look, feel, or processing from examples created in prior years or shown in past marketing materials. PHOTOGRAPHER retains sole and absolute discretion over camera settings, composition, posing, lighting, selection of images for editing, and all aspects of post‑production, and DELIVERABLES may not be rejected nor payment withheld on the basis of taste, aesthetic preferences, or disagreement with PHOTOGRAPHER'S artistic choices. 5.2 No Guarantee of Specific Images. CLIENT(S) understands and agrees that PHOTOGRAPHER does not guarantee any specific pose, grouping, background, or location, or any specific number of images. CLIENT(S) acknowledges that the final image count and content will vary based on factors including, but not limited to, cooperation of participants, weather, lighting conditions, and time constraints, and that these variables do not constitute a breach of this AGREEMENT. 5.3 Editing. PHOTOGRAPHER will perform light retouching in PHOTOGRAPHER'S usual style, including basic adjustments to exposure, color, contrast, and cropping, at PHOTOGRAPHER'S discretion. Extensive or specialty retouching (for example, significant body modification, object removal, complex composites, or other advanced edits) is not included and, if offered, will incur additional fees at PHOTOGRAPHER'S then‑current rates. 5.4 Delivery Timeline. Edited high‑resolution JPEG images will be delivered via online gallery within approximately three (3) weeks after the PHOTOSHOOT. Delivery times are estimates and not guarantees; reasonable delays due to workload, technical issues, or circumstances beyond PHOTOGRAPHER'S control shall not constitute a breach. 5.5 Gallery Availability. Online galleries will be hosted for at least twelve (12) months from the initial PHOTOSHOOT date. After that time, files may be archived or deleted in PHOTOGRAPHER'S sole discretion and may no longer be available. CLIENT(S) is solely responsible for promptly downloading, saving, and backing up all DELIVERABLES once made available and understands that PHOTOGRAPHER has no obligation to maintain or re‑host galleries beyond the stated period. 5.6 RAW/Unedited Files. RAW or unedited files are not part of the DELIVERABLES and will not be provided for viewing or purchase, except as may be expressly set out in the Invoice. If provided, a RAW file buyout shall be at a minimum fee of five thousand dollars ($5,000.00) and will be subject to a separate written agreement. INTELLECTUAL PROPERTY, LICENSE & MODEL RELEASE 6.1 Copyright Ownership. All photographs and other works created by PHOTOGRAPHER in connection with the PHOTOSHOOT are and shall remain the sole and exclusive property of PHOTOGRAPHER, who is the author and copyright holder under United States and New York law. 6.2 Personal‑Use License (No Transfer of Ownership). Subject to full payment, PHOTOGRAPHER grants CLIENT(S) a limited, non‑exclusive, non‑transferable, revocable license to use the DELIVERABLES for personal, non‑commercial use only (including personal printing, sharing with family and friends, and posting on personal social‑media accounts), with credit to PHOTOGRAPHER where reasonably possible. No ownership, copyright, or other intellectual property rights are assigned or transferred to CLIENT(S); all such rights remain with PHOTOGRAPHER. 6.3 Prohibited Uses. CLIENT(S) shall not: (a) sell, license, or otherwise commercially exploit the DELIVERABLES; (b) use the DELIVERABLES in any advertising, marketing, or promotional materials for CLIENT(S) or any third party; (c) alter, heavily filter, or re‑edit images in a manner that misrepresents PHOTOGRAPHER'S work (for example, applying third‑party presets or filters that significantly change color tones); or (d) submit images to publications, contests, or vendors for advertising or trade purposes without PHOTOGRAPHER'S prior written consent and any additional license required by PHOTOGRAPHER 6.4 Model Release & Right of Publicity. To the fullest extent permitted by New York Civil Rights Law and other applicable law, CLIENT(S) grants PHOTOGRAPHER and PHOTOGRAPHER'S assigns, licensees, and designees an irrevocable, worldwide, royalty‑free right to use CLIENT(S) name, likeness, portrait, picture, and/or voice, and those of all persons photographed under this Agreement, in and in connection with the photographs for PHOTOGRAPHER'S portfolio, studio samples, website, social media, advertising, promotion, and trade, in any media now known or later developed, without additional compensation. 6.5 Limited Opt‑Out. If CLIENT(S) wishes to restrict use of certain images for advertising or trade purposes, CLIENT(S) must notify PHOTOGRAPHER in writing before the PHOTOSHOOT. PHOTOGRAPHER may, at PHOTOGRAPHER'S sole discretion, agree to limit use; any such limitation must be documented in writing and signed by PHOTOGRAPHER to be effective. ASSUMPTION OF RISK, LIMITATIONS & INDEMNIFICATION 7.1 Force Majeure / Impossibility. If PHOTOGRAPHER’S obligations are materially impaired or rendered impossible by events beyond PHOTOGRAPHER'S reasonable control (including but not limited to illness, injury, death in the family, fire, casualty, equipment failure, severe weather, transportation disruption, or acts of God), PHOTOGRAPHER'S liability shall be limited to rescheduling the PHOTOSHOOT. This limitation applies even if CLIENT(S) chooses not to reschedule. 7.2 Maximum Liability. To the maximum extent permitted by law, PHOTOGRAPHER'S total aggregate liability for any and all claims arising out of or relating to this AGREEMENT, the PHOTOSHOOT, or the DELIVERABLES, whether in contract, tort, or otherwise, shall not exceed the total amounts actually paid by CLIENT(S) minus retainer to PHOTOGRAPHER under this AGREEMENT. 7.3 Assumption of Risk. CLIENT(S) understands that photography sessions may involve walking on uneven terrain, exposure to natural elements, and other ordinary risks. CLIENT(S) voluntarily assumes all such risks for themselves and all participants they bring to the Photoshoot, including minors. 7.4 Indemnification. CLIENT(S) agrees to defend, indemnify, and hold harmless PHOTOGRAPHER from and against any and all claims, demands, actions, damages, losses, costs, and expenses (including any and all attorney fees) arising out of or related to: (a) CLIENT(S)'S breach of this AGREEMENT; (b) personal injury, property damage, or other harm caused by CLIENT(S) or any participant at the PHOTOSHOOT; or (c) any use of the images by CLIENT(S) contrary to the license granted in Section 6, including claims based on unauthorized commercial exploitation or violation of third‑party rights of publicity or privacy. DISPUTE RESOLUTION & GOVERNING LAW (NEW YORK) 8.1 Governing Law. This AGEEMENT shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict‑of‑law principles. 8.2 Venue. Any legal action, claim, or proceeding arising out of or relating to this AGREEMENT shall be brought exclusively in the state courts or, if applicable, the federal courts located in the county where PHOTOGRAPH'S principal business is located, and CLIENT(S) irrevocably submits to the personal jurisdiction of such courts. 8.3 Negotiation; Mediation. Before initiating any legal action, the parties shall attempt in good faith to resolve any dispute through written notice and a thirty (30) day negotiation period. If unresolved, the parties agree to consider non‑binding mediation with a mutually agreed mediator located in New York. 8.4 Attorneys’ Fees. In any action arising out of or relating to this AGREEMENT, the prevailing party shall be entitled to recover its reasonable attorney fees and costs, in addition to any other relief available at law or equity, to the extent permitted by New York law. TRAVEL & ADDITIONAL FEES 9.1 Travel. Travel within twenty (20) miles of ZIP code 12952 is included at no additional charge. Travel beyond twenty one (21) miles is subject to a mileage fee of zero dollars and ninety cents ($0.90) per mile, round‑trip, calculated using a common mapping service from PHOTOGREAPHER'S base to the PHOTOSHOOT location. 9.2 Extended Travel / Overnight. If total travel time each way exceeds one and one‑half (1.5) hours, CLIENT(S) agrees to pay an overnight fee of three hundred fifty dollars ($350.00) per night, or actual reasonable lodging costs if higher, along with any necessary tolls, parking, or permits. 9.3 Additional Services. Any services requested by CLIENT(S) that are outside the scope of the INVOICE (additional coverage time, additional locations, rush delivery, extensive retouching, etc.) will be billed at PHOTOGRAPHER'S then‑current rates and must be agreed in writing. MISCELLANEOUS 10.1 Entire AGREEMENT. This AGREEMENT, together with the INVOICE, constitutes the entire understanding between the parties and supersedes all prior discussions, emails, or representations regarding the subject matter. 10.2 Amendments. Any modification or amendment to this AGREEMENT must be in writing and signed by both CLIENT(S) and PHOTOGRAPHER. 10.3 Severability. If any provision of this AGREEMENT is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. 10.4 No Waiver. The failure of either party to enforce any provision shall not be construed as a waiver of that provision or any other provision. 10.5 Electronic Signatures. Electronic signatures, acknowledgments, checkbox acceptance, or digital agreement via PHOTOGRAPHER'S online booking system shall be deemed original signatures and equally enforceable. 10.6 Acknowledgment. By signing or electronically agreeing below, CLIENT(S) acknowledges that they have read this AGREEMENT in full, understand it, and agree to be bound by its terms, including the non‑refundable nature of the RETAINER and the limitation of liability, release, and indemnity provisions.