Agreement for Photography Services
TERMS AND CONDITIONS
This Photography Contract (the “Contract”) is made effective as of the date signed by The Client (the “Effective Date”), by and between Jeff Thatcher Photography (the “Photographer”) and the Client who signed this contract.
DESCRIPTION OF SERVICES
Jeff Thatcher Photography will provide the Client Photography Services (collectively, the “Services”), including taking photographs, culling the photographs, basic edits such as cropping, color balance, and basic adjustments deemed necessary by the Photographer to ensure appropriate degree of quality control. Customized post-processing, which can include, but is not limited to, special editing, filters, crops, composites, etc., above and beyond basic edits, will be charged to the Client at the hourly rate of $50 an hour.
PERFORMANCE OF SERVICES
Jeff Thatcher Photography agrees to take photographs as per the Client’s stated requests, allowing for artistic expression.
Jeff Thatcher Photography agrees to use high technical quality to meet the Client’s needs, for web and/or print.
Jeff Thatcher Photography will use digital photography and color management consultancy knowledge to create photographs for the Client.
The Photographer has sole discretion as to which images are of sufficient quality to include in the final gallery.
Jeff Thatcher Photography shall deliver high-resolution .JPG images via a download from an online gallery. Any special requests for file or delivery methods will be evaluated and charged accordingly.
Final, edited .JPG images will be delivered approximately 2-3 weeks after the scheduled session.
The Client agrees to pay Jeff Thatcher Photography:
Session fees under $500 must be paid in full in order to secure booking. Dates are reserved only when this fee is paid.
The Total Balance is due not less than seven (7) days prior to the date of the photo session;
If extras are added after the photo session is completed, payments must be paid before images are delivered to the Client. Jeff Thatcher Photography accepts PayPal and Venmo. If a check must be used, and in the event a check is returned for any reason, including insufficient funds, the Client agrees to pay Jeff Thatcher Photography a twenty-five dollar ($30.00) processing fee to cover bank fees.
Either party may cancel this Contract in accordance with the following policy:
If Jeff Thatcher Photography has to cancel this contract for reasons beyond his control (including but not limited to death, injury, sickness etc.), Jeff Thatcher Photography’s liability shall be limited to a full refund to the Clients of all monies paid to Jeff Thatcher Photography at the time of the cancellation.
If Client cancels this Contract 7 days prior to the date of session, as compensation for lost wages, the Clients agrees to pay the total remaining balance due under this Contract at the time of cancellation (“Cancellation Fee”).
Should the cancelled session turn out to be only a postponement, and a new session date is determined by the Clients, then, subject to Jeff Thatcher Photography’s availability, all monies paid under the original Contract may be applied toward a new Contract for photography services for the new session date. If Jeff Thatcher Photography is available and agrees to book the new session date, the fee chargeable to the Clients will be the same fee as already agreed to under the original contract, provided the services requested remain the same. In the event of Jeff Thatcher Photography books another session on the same date as the Clients new session date, Jeff Thatcher Photography will provide the Clients with a full, unconditional refund of the Clients original booking fee.
Jeff Thatcher Photography shall retain the entire copyright ownership of the photographs taken during the photography session at all times, throughout the World and where reproduction of the photographs has taken place and settlement has not been made, the Photographer will make such charges to the publisher of those images as falls within the Copyright, Designs and Patents Act 1988. Jeff Thatcher Photography reserves the right to use the photographs for any purpose, including, but not limited to: self-promotion, display, artistic and/or professional accreditation or competition.
LICENSE TO USE
The images that are being provided to Clients are licensed to Clients from Jeff Thatcher Photography for personal use, including but not limited to: printing, copying, emailing, and web publishing. Clients’ license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. Clients hereby grant to Jeff Thatcher Photography the right to use and publish images and photographs taken during the Clients photo session(s) that include their name and likeness to further and market and promote its services, including its portfolio, website, display, advertisement, and editorial use, unless otherwise discussed beforehand.
The Photographer will keep confidential and will not disclose to any third parties or make use of information communicated to him/her in confidence for the purposes of the photography, save as may be reasonably necessary to enable the Photographer to carry out his/her obligations in relation to the commission. This provision will continue to be effective after the termination of the Contract.
Digital Data is stored by the Photographer on the understanding that the Photographer is not responsible for the future integrity of that data, or of any failure to retrieve data from the Photographer’s archive.
The Client hereby grants to Jeff Thatcher Photography and successors, heirs, executors, administrators, assigns, attorneys, representatives and agents, the irrevocable and unrestricted right to use and publish photographs of the Clients or in which the Clients may be included, for editorial, trade, advertising or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The Client hereby release Jeff Thatcher Photography and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to Jeff Thatcher Photography’s use of said images.
The photography schedule and selected methodology are designed to accomplish the goals and wishes of the Client. The Client and Jeff Thatcher Photography agree that positive cooperation and punctuality are therefore essential.
Jeff Thatcher Photography shall provide its Services and meet its obligations under this Contract in a timely and professional manner, using knowledge and recommendations for performing the Services which meet generally acceptable industry standards and will provide a standard of care equal to, or superior to, care used by service provides similar to Jeff Thatcher Photography on similar projects.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the Effective Date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
In the unlikely event of total failure for Jeff Thatcher Photography to provide the Services due to, death, injury or sickness, or otherwise beyond Jeff Thatcher Photography’s control, its liability shall be limited to a full refund of all monies paid under the Contract. Clients statutory rights and other remedies are not affected.
The Photographer accepts no liability in the event he is unable to fulfill any or all of the terms of this Contract by reason, including, but not limited to: personal illness, injury, equipment malfunction, inclement weather, natural disaster or transportation problem beyond a refund of any money paid. In the event that the Photographer is unable to attend for any reason other than dissolution of this Contract, she will make every reasonable effort to locate and book an alternate Photographer if so desired by the Client(s).
This Contract contains the entire contact of the parties, and there are no other promises or conditions in any other Contract whether oral or written concerning the subject matter of this Contract. The Contract supersedes any prior written or oral agreements between the parties.
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
This agreement shall be electronically signed below by the Client and is effective as of the date the Contract is signed.
Jeff Thatcher Photography and the Client agree that this Contract shall commence on the Effective Date and that same shall terminate once the Services are completely rendered.