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Photography Session Agreement

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AGREEMENT OVERVIEW

This photography session agreement, also referred to as the Contract, contains the entire understanding about a service between Flora Clergue, hereafter referred as the Photographer, and the Client, both referred to as the Parties. It supersedes all prior and simultaneous agreements between the Parties. The only way to add to or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

By initiating the process of booking a session with the Photographer, the Parties understand and agree to the below terms and conditions, and acknowledge that they have received, read, and understood the Photographer’s offerings and limitations, the session pricing, and in particular what is included with the session starting price, as well as the potential extra fees outlined in the agreement.

RETAINER FEE & RESERVATION

A retainer fee which amounts to 20% of the session starting price is required to reserve a coverage date and hour for the photography session (hereafter also referred to as the Service). This is a non-refundable retainer fee. No date or time is reserved until a retainer fee is paid and received. The retainer fee shall be liquidated for any type of Service and applied towards the total cost of the Service to be rendered. The retainer fee is a down payment on the Service to be rendered by the Photographer.

In the event of cancellation or breach of this Contract by the Client, the retainer fee is non-refundable. There shall be no refund of the retainer fee, except in the case of a failure to perform by the Photographer.

The act of willfully booking a session with the Photographer (through e.g. the online booking service or by the phone) and paying the retainer fee associated with it, is legally binding and deemed equivalent to the act of signing a physical copy of the Contract.

COVERAGE

Coverage will begin at the date and starting hour of the Service reserved, and continue for the number of hours and minutes mentioned for the given photography session. If the Photographer is asked by the Client to extend the duration of the Service (and if the Photographer decides to accept those extra hours), every started extra hour is charged $100 (USD).

PAYMENT & EXPENSES

The balance of the minimum cost for the Service must be paid in full on the day of the photography session is due to occur, prior to or during the coverage itself. All payments can be made by cash, debit/credit card or check. All checks are to be made payable to “Flora Clergue”. Returned checks are subject to a $50 (USD) returned check fee.

Any extra hour, or any extra expense incurred to the Photographer (such as, but not limited to, photography permit fee, extra costs, travel and traveling time fee, other travel expenses, parking, shipping, location entrance tickets, extra accessories, extra material expenses, modification fee) must be paid in full to the Photographer, on the day of the photography session is due to occur, or after, within 30 days after a second invoice has been emitted by the Photographer.

TRAVEL & TRAVELING TIME FEE

For sessions which are not carried out at the Photographer’s studio in Cupertino, the Client agrees to compensate the Photographer for the time spent traveling as well as the operational costs of using her own means of transportation. This fee is set to a flat $2.50 (USD) per mile away from the Cupertino City Hall which shall be used as the point of reference to compute the distance from which the Photographer is made traveling to, using the shortest route available. The “mile(s) away” terminology encompasses the round trip nature of the travel (no need to multiply the fee by two). Unless agreed otherwise in writing, the maximum miles away distance from the Cupertino City Hall the photographer will agree to travel by her own means is set to 50 miles, using the shortest route available. For cases where the Photographer is not using her own means of transportation, a separate compensation agreement has to be done in writing.

ADDITIONAL SERVICES

For extra or special services which the Client requests and the Photographer agrees to providing, and which are not already included in the photography session service itself (as advertised on the Photographer’s website or other promotional materials), there is a $30 flat fee per special service provided, plus the costs of the materials or specific goods needed to carry out the service, plus 20% of those materials/goods costs as a procurement fee. The Client can also provide the materials or goods required by the extra services far enough in advance.

Special services include, but are not limited to: preparing a specific background or piece of decor for the session, such as a background or decor item painted by the Photographer, buying fresh cut flowers to enhance the decor, buying clothes or pieces of fabric that we wouldn’t carry in our inventory.

In the case the Photographer buys goods (products) to carry out the extra services, the Client, since he paid for those, is entitled to take ownership of the the items and take them with him at the end of the session. This however does not apply to materials (paint, wood, pieces of fabric which are not clothes, etc.) or to products which had to be destroyed as part of providing the extra services.

MODIFICATION & MODIFICATION FEE

The Photographer must be notified immediately of any modification, such as (but not restricted to) modifications of the location where the Service is due to occur, coverage date, starting hour, Client contact information, participants, type of photography session. Any modification made by the Client must be clearly notified in writing to the Photographer, by text message, by email, or by mail. The Photographer will send a confirmation of receipt.

In the event of a modification of location, of coverage date and/or starting hour, of type of photography session; or if the Client wants to hire an extra photographer; the Client must notify the Photographer, at least 10 calendar days prior to the scheduled date of the Service, or 5 calendar days for Newborn and Pregnancy sessions. The Client understands that any modification with or without respect of due time and conditions can affect the Photographer’s business and schedule. If the Photographer accepts those modification, the Photographer can decide (at her own discretion) to charge a $30 (USD) modification fee.

In case the due time is not respected, and/or if the conditions of modifications or modifications themselves can cause damages to the Photographer’s business activity, then those modifications can be considered by the Photographer as a breach of contract from the Client. The Photographer may decide to break this Contract and can not be held responsible for no coverage on the scheduled date of the Service. The retainer fee is non-refundable, it shall be liquidated, and the Client is responsible to pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date and time. The payment is due within 30 days after an invoice has been emitted by the Photographer.

If the Client respects due time and conditions of modifications, but modifications cause damages to the Photographer’s activity and schedule, the Photographer can decide to cancel this Contract, then the Photographer shall have no further liability with respect to this Contract and will return the amounts paid by the Client.

If the Client respect due time and conditions of a coverage date modification, the modification can occur one time only.

The Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.

CANCELLATION

If the Client cancels the Service within 7 calendar days of the scheduled date (5 calendar days for pregnancy or newborn sessions), the retainer fee which is non-refundable shall be liquidated, and the Client will be responsible for paying the balance of the contract due to the high probability that the Photographer will not be able to further book that date and time. The payment is due within 30 days after an invoice has been emitted by the Photographer. The Client must cancel in writing, via e-mail or mail, even if a phone call was made to inform the Photographer of the cancellation. The Photographer will send a confirmation receipt of the cancellation.

FORCE MAJEURE

The Client is not liable for failure to satisfy their obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, or similar uncontrollable events, or events too strong to be controlled, such as child birth, accidents resulting in injury, unforeseen serious medical problems and conditions resulting in hospitalization. The Client is entitled to terminate this Agreement in such circumstances, the retainer fee which is non-refundable shall be liquidated, but the Client will not be responsible for paying the balance of the contract. Alternatively, the Client is entitled in such circumstances to reschedule the Service to a later date, with no modification fee, and any amount paid, including the retainer fee shall be re-assigned to the new Service scheduled.

ELECTRONIC DELIVERY OF IMAGES

Unless otherwise noted in the session or service description, the image files will be delivered electronically to the Client via (a) secure file sharing system(s) or (a) 3rd party service(s) of secure file sharing. The files will remain available on the file sharing system(s) and to the Client for a delay of 60 consecutive days, not counting the days where the files were unavailable due to a technical issue on the server side.

After 60 days, and as a convenience service, the Photographer can re-deliver the files in the same fashion and make them available for another 60 days, modulo the payment of a $50 archive retrieval and hosting fee.

The Photographer guarantees the retention of the session originals and delivered Images and files for a duration of 12 full months (1 year) from the date of the initial delivery. There is no guarantee or commitment made by the Photographer to retain any image or file beyond this duration.

COPYRIGHT AND SCOPE OF USE

Under this contract, all the photographs (hereinafter collectively the “Images”) are copyrighted. The Photographer retains the copyright to all Images produced by the Photographer. The Images created by the Photographer remain the property of the Photographer. Title (possession) of all Images shall remain with the Photographer until Client has paid in full. It is illegal to copy, scan, reproduce, modify or use Images created by the Photographer, online or elsewhere, without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. In particular, any printing of the Images will require a Print Release Notice form from the Photographer, which the Photographer shall provide upon delivery of the image files.

Only the Client and/or Participants of the photography session can use the Images, but understand the Images delivered cannot be modified (further processed, cropped, or retouched etc.). The exception is if using an automated service such as “Facebook Profile Picture” or “Google Photos”. In this case, the automated modifications made by the associated computer systems are tolerated as long as they do not misrepresent or tarnish the work of the photographer and/or harm the Photographer’s business, and as long as the terms of service or use of the third party service do not violate the present Contract.

Unless the Client pays a $100 (USD) commercial rights fee per Image to be used in a commercial context, the Images shall not be used by the Client (or the Participants) for profit, business advertising, for commercial or editorial purposes, or for promoting one’s career; likewise, the Client shall also not post or publish Images to any commercial or non-personal website which is not a widely known social media platform, without prior consent from the Photographer.

This commercial fee is waived if the Service is explicitly stated to be “commercial” or business-specific in the promotional materials made by the Photographer pertaining to the specific Service, or on her website on web pages pertaining to the specific Service.

The Client and/or Participants understand that all uses of the Images must be acknowledged (attributed) as Images made by Flora Clergue. Specifically, the Client or Participants shall caption all Images and albums containing those Images posted on social media platforms or any other website with “Photo by Flora Clergue Photography” or “Photographer: Flora Clergue” (or similar). If permitted by the platform, a link to the photographer’s social media page or website (http://clergue.photography) shall be made.

PROMOTIONAL USE BY PHOTOGRAPHER

The Photographer will choose in collaboration with the Client at least 10 Images created under this Contract (at least 5 for Pregnancy, Boudoir/Glamour, and Newborn sessions) to use on the Photographer’s official website (http://clergue.photography) and/or on social media for promoting the Photographer’s official presence (e.g. on the official “Facebook” page). Those Images can also be used in prints for display, only in the Photographer’s Studio, and on promotional prints, such as collage, cards, flyers for the promoting the Photographer’s business.

In this context the Client understands that the Photographer:

  • May use only the Client’s first name or those of the participants of the photography session, to refer to the Images or session, on the Photographer’s website, or in social media comments or image captions (for example: “Had a great time with Gloria and her beautiful family!”). The Client’s last name or of any participant shall never be used by the photographer in a promotional context.
  • Shall never link or reference the Client’s social media profile(s) or the one of any participant directly on the promotional content the Photographer creates. The decision to link profile(s) or tag people in Images remains the Client’s and participant’s personal decision.

If the Client wishes the Photographer to not use any Image created under this Contract for promotional use, on social networks (e.g. on official “Facebook” page) then the Client agrees to pay a premium fee of 20% of the session starting price (10% for Pregnancy, Boudoir/Glamour, and Newborn sessions) as a compensation for the Photographer’s inability to promote her business. To waive all promotional uses by the Photographer for any purpose, the Client agrees to pay a premium fee of 30% of the session starting price (15% for Pregnancy, Boudoir/Glamour, and Newborn sessions).

CREATIVE LICENSE

Images are edited at the Photographer’s discretion, and delivered Images may not include all Images shot during the session. The Photographer reserves the creative rights to edit and release only those Images deemed creditable as professional in quality and within the Photographer’s artistic standards.

EXCLUSIVE PHOTOGRAPHER

The Photographer and/or any photographer hired by the Photographer to perform the scheduled service shall be the exclusive photographer(s) retained by the Client for the purpose of the photography session. Family and friends of the Client and other event vendors shall not interfere with the Photographer’s duties. For special request session, such as Wedding or Party sessions, hereafter referred as an Event, individuals can be asked to refrain from taking flash photographs to ensure proper exposure of photographs.

If another extra Photographer is hired by the Client to cover the same Event, the Photographer has to be notify in writing prior any reservation, if the Client does not respect this condition, it is considered as a breach of contract by the Client. The Photographer may decide to break the contract and can not be held responsible for not coverage on the scheduled date of the service. The retainer fee is non-refundable, it shall be liquidated, and the Client is responsible to pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. The payment is due within 30 days after an invoice has been emitted by the Photographer.

COOPERATION & FAILURE TO PERFORM 

The Parties agree to cheerful cooperation and communication for the best possible result within the definition of this agreement/assignment. In any location and due to the limited and subjective nature of the Service, the Photographer cannot be held responsible for requested Images not taken or missed, for lack of coverage resulting from lack of notification, from weather conditions, from schedule complications caused by but not limited to anyone in or participating to the photography session.

In any location, for any type of session, and due to the limited and subjective nature of the service, the Photographer cannot be held responsible for lack of coverage or cancellation resulting from an Act of God, an act of Force Majeure, illness or any reason that will render it impossible for the Photographer to perform. It is acknowledged that any “Images lists or requirements from the Client” submitted to the Photographer will be used for organizational and preparation purposes only and in no way represent Images that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees a specific Image will be delivered.

If the Photographer, for any reason, is required to cancel the Service, she will do its best to inform the Client in writing by text message, e-mail, and/or phone at least 24 hours prior to the scheduled coverage date. The Photographer shall in any case have no liability with respect to the Contract and shall return all the amounts paid by the Client within 30 days.

During an Event, the Photographer recommends that the Client point out important individuals for informal or candid photographs to the Photographer that they wish to have photographed. The Photographer will not be held accountable for not photographing desired individuals if there is no one to assist in identifying people or gathering people. The Photographer is not responsible if key individuals fail to appear or cooperate during the Event or for missed photo due to details not revealed to the Photographer.

SPECIAL LOCATION RESERVATION

If a special location is reserved by the Client for an Event, the Client is responsible for making all the reservation location arrangements with whom it may concern. The Client is responsible for all location fees and permits. The Photographer cannot be held responsible for lost photo opportunities due to other cameras or flashes, to the rendering of decorations of the location, to the location restrictions and rules, to the lateness of anyone in/or at the Event, or other principles.  The Photographer recommends that the Client point out important individuals for informal or candid photographs to the Photographer that they wish to have photographed. The Photographer will not be held accountable for not photographing desired individuals if there is no one to assist in identifying people or gathering people. The Photographer is not responsible if key individuals fail to appear or cooperate during the Event or for missed photo due to details not revealed to the Photographer.

The Photographer kindly asks that the Client get in touch with the Photographer 2 weeks prior to the date of the Event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all Events and times.

EVENT FOOD SERVICE

A light meal is required for Events up to 6 hours for the Photographer. For Events up to and past 8 hours a full course meal is required. If no meal is provided, it is understood that the Photographer will leave the location event to purchase a meal.

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