SENIOR PORTRAIT AGREEMENT

SENIOR SESSION OVERVIEW

Photographer will photograph Client for up to 2 HOURS. This time frame will be referred to as the session. Photographer will provide Client with access to the photos by in accordance with the rest of this Agreement.

This Agreement becomes effective upon the Client signing and dating this Agreement, below.

DESCRIPTION OF SERVICES

Photographer will make a good faith effort to achieve Client’s desired results. However, Photographer will maintain ultimate discretion and control over the Session. Photographer will use the equipment that Photographer finds appropriate and will take the photographs that Photographer finds appropriate. Client’s desired results are limited by the terms of this Agreement.

NO GUARANTEED RESULTS

As stated in “Description of Services” of this Agreement, Photographer will make a good faith effort to achieve Client’s desired results. However, photography is a subjective art form, and Client acknowledges that Photographer cannot and will not guarantee any particular results, including Client’s desired results.

PRICE

The service fee is $500

The service fee is due even if Client stops the Session before the end time established in the “Basic Session Overview” area of this Agreement.
DEPOSIT

A required retainer of $500 is due at the signing of this agreement. No photography will take place and no rights are granted until the retainer is paid in full. Photographer will not reserve the session date and time until paid the retainer in full.

NO REFUNDS

Upon both Parties signing this Agreement, and upon Client furnishing Photographer with the agreed-to retainer, Photographer will reserve the session time and will not make another reservation for the specified time frame. For this reason, all retainers are non-refundable if the Session is cancelled or changed for any reason. Fees, once paid, are non-refundable as well. Refunds will only be allowed as established by Part 10 of this Agreement. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.

IN THE EVENT PHOTOGRAPHER CANNOT PERFORM

In the event of Photographer’s foreseeable illness, conflict or inability to perform, Client agrees that Photographer may assign and delegate performance and obligations of this Agreement to another professional photographer at Photographer’s discretion. In the event that Photographer cannot perform or the Session does not take place, Photographer is not required to service a later Session.

EXCLUSIVITY

It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the Session while Photographer is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes cell- phone cameras, computer cameras, and their equivalents.

LIMITS OF LIABILITY

If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Photographer will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement. Photographer will also return all retainers and fees, but will not be liable for any other injuries, if photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of Photographer. In no event, regardless the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from Photographer’s services or lack thereof. Photographer shall only be liable up to the price of this Agreement.

PHOTOGRAPHER’S STYLE & DISCRETION

Client understands and agrees that Client is hiring Photographer to perform Photographer’s services in Photographer’s own discretion and style. Client has no authority to control the manner in which Photographer takes photos. Client has no right to rescind this Agreement in any way if Client is not satisfied with Photographer’s photography.

PRINT FEES

Prints through the photographer are ordered a la carte. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print

ARCHIVING PHOTOGRAPHS

Photographer will archive digital files of all photos taken for Client for up to 6 months. Photographer does not guarantee back-up photographs, prints or data after this time.

RESTRICTIONS ON USE OF PHOTOGRAPHY

All photos and images taken by Silver&Grace photography and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer. Silver&Grace photography may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Model expressly agrees to release to Silver&Grace photography any personal or proprietary interest in the photographic materials that result from the session and agrees that Silver&Grace photography may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Model.

• Client shall not modify or otherwise alter Photographer’s photographic materials. Client shall never post any of Photographer’s photos in a format larger than 1024 x 768 pixels.

• Client shall not post physically or in digital form, including on any social media website, blog or application, any of Photographer’s photos without attributing Photographer.

• Client shall never distribute or make available for download or reproduction any of Photographer’s photos without written consent of Photographer, unless the photos include Photographer’s watermark.

• Client shall not publish photos without Photographer’s written consent and attribution to Photographer.

INTELLECTUAL PROPERTY RIGHTS & RELEASE

All photos and images taken by Silver&Grace photography and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer, even after full payment by Client and distribution to Client. Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing or studio purpose. Client expressly agrees to release to Photographer any personal or proprietary interest in the photographic materials that result from the session, and agrees that Photographer may showcase, sell, or otherwise distribute photographic materials from the session, including those depicting Client.

APPROPRIATE CONDUCT/ SAFE WORKING ENVIRONMENT

The Client(s) expressly agree(s) to take best efforts to provide Silver&Grace photography with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to Silver& Grace Photography, Silver&Grace Photography will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, The photographer shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Silver&Grace Photography harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the photographer's work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether Silver&Grace Photography resumes work detailed in this Agreement.