Contracts

[SaundraU]

Anything I've missed, should remove, doesn't make sense in the following:

SAUNDRA’S PHOTOGRAPHY
Phone: (612) 237-XXXX
WWW.Saundrasphotography.com

GENERAL PHOTOGRAPHY AGREEMENT

Client:___________________________________________ _____________________
ADDRESS: __________________________________________________ __________
HOME:__________________________ CELL: ______________________________
PHOTOGRAPHY LOCATION:____________________
DATE:_____________________TIME: ____________________
ALTERNATE LOCATION:____________________
DATE: ____________________ TIME:____________________
NUMBER OF ADULTS TO BE PHOTOGRAPHED: ____________
NUMBER OF CHILDREN TO BE PHOTOGRAPHED: ____________

PRODUCT CREDITS
(Pre-purchased credits are 15% off ONLY when purchased at the time of contract signing. Example: A $1000 print credit is only $750 when pre-purchased ONLY).

ALBUM CREDIT:

PRINT CREDIT:

ENTIRE AGREEMENT: This agreement, consisting of FOUR (4) pages, contains the entire understanding between Saundra’s Photography and the CLIENT(s). It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties agree to waive one provision of this agreement, it does not mean that any other provision are also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

1. This agreement constitutes for an order of photography services as agreed to by both parties: Saundra Urbacke DBA Saundra’s Photography (Photographer) and Contracting Party (Client). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of the Photographer and may be used for advertising, display or any other purpose thought proper by the Photographer.

2. On signing of this agreement by both parties hereto, the Photographer will reserve the time agreed upon and will not make another photography reservation for the specified date. For this reason, all retainers are non-refundable even if the date is changed or if the session becomes cancelled for any reason.

3. All packages contain the following:

Travel Time: 30 miles (one-way)/(1) hour of travel. This is normally sufficient in the Twin Cities Metro Area.

Special Location: Clients choice of the shot being at a predestined location. This is used to help set a unique mood for the photograph and is sure to provide an unparalleled uniqueness and artistic quality.

4. A non-refundable retainer of $150.00 is due at the signing of this agreement, with a further payment of all remaining expenses/fees to be paid 10 days prior to the contracted event date.

5. RESERVATION: A signed contract is required to reserve the specified coverage.

6. SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT(s) in a manner enjoyed by all parties. CLIENT(s) and Saundra’s Photography agree that cheerful cooperation and punctuality are therefore essential to that purpose.

_______ int CANCELLATIONS: Should it be necessary for the CLIENT to cancel the shoot for any reason the session will be rescheduled for a mutually agreeable date and time. A rescheduled shoot must be confirmed in writing by both parties. No additional cost shall be charged for the service of rescheduling, and all payments made will be applied to the new agreement with no option of refund available to the client.

______ int COPYRIGHTS: All photographs produced by Saundra’s Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Saundra’s Photography’s explicit written permission. It is illegal to reproduce images in any way without the photographers written permission. Minimum fines for this federal offense begin at $150,000. This clause if specified in writing may be superceded with reservation of reproduction rights found in this clause if specified as an included service/right under the session fee. If so specified, the Photographer retains all rights with only the right of reproduction and non-commercial distribution shared with the Client.

_______ int EDIT REVIEW: We pride ourselves in complete comprehensive coverage of your event. Images that do not make the 'final cut' are; duplicates, exposure tests, goofs, equipment malfunctions or otherwise judged to be unneeded and/or unacceptable for viewing and providing good documentation. If you would like us to "take another look, . . . ", there is a $50.00/hr charge.

_______ int DIGITAL SERVICES: We always provide minor retouching with our packages, i.e.; removing minor blemishes, cold sores, acne, etc. Larger projects that require substantially more time would be quoted on a 'per project' basis. These services might include (but are not limited to): removing/adding people in images, 'switching' heads/expressions, opening eyes, changing backgrounds & 'hand-coloring' black & white or toned prints.

_______ int PRODUCT PRICING: Pricing is defined on the web gallery price list. All prices quoted for professional services, photographs, and albums are valid for a period of two months following the date of the session. Orders places after two months following the session are billed at the studios currently published prices, which may be higher. All items ordered as a result of this agreement will be made available no sooner than when payment IN FULL is received.

_______int PRODUCT CREDITS: Product credits that are pre-purchased MUST be redeemed within 90 days of event. For any unused credit there is NO option of refund available to the client.

_______ int ALBUM ORDERS: Using special design techniques, Saundra’s Photography will advise in the layout of the album(s), however, all choices by the client will prevail. One design session is included with each album/ book purchased. If the client requests an additional design session, a $250.00 fee will apply. To begin construction on the album, clients may not have any outstanding balance. In the event of a cancellation of an album, the credit balance can only be applied toward a product credit based on the discretion of Saundra’s Photography. Orders places two months after previewing your images will be priced at the studios currently published prices, which may be greater. We are not responsible for albums left unclaimed after 60 days. Items not picked up and claimed within 60 days may be used for stock/ studio displays and monies paid will be forfeited. Delivery of Saundra’s Photography’s albums is usually within nine to twelve weeks after receipt of the order. This time may vary based on the size and style of the album.

_______ int REPRINT ORDERS: If we are to mail orders, appropriate shipping/ handling and insurance fees will be added. We are not liable for loss, damaged product, or mishandled packages. If images are lost/ damaged, you must seek remedies from the carrier.

_______ int RETURNED CHECKS: Saundra’s Photography may accept personal checks at it’s own discretion. Checks returned by the client’s bank are subject to redeposit without notice, and are subject to a $25 returned check charge, in addition to any fees incurred by the client’s originating bank.

_______ MODEL RELEASE. In return for the valuable services contracted, the CLIENT(s) hereby grants to Saundra’s Photography and its legal representatives and assigns, the irrevocable right to use pictures, portraits, and photographs in all forms, media and manners, without restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes created as a result of this agreement. CLIENT(s) waives any right to inspect or approve the photographs or electronic matter that may be used in conjunction with them now or in the future, whether that use is known or unknown, and waives any right to royalties or other compensation arising from or related to the use of the photographs. CLIENT(s) hereby releases and agrees to hold harmless the Photographer, his assigns, licensees, successors in interest, legal representatives and heirs from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the photographs, or in any processing tending toward the completion of the finished product, unless it can be shown that they and the publication thereof were maliciously caused, produced, and published solely for the purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn, and indignity. Saundra’s Photography owns the copyright in these photographs and CLIENT(s) hereby waives any claim based on any usage of the photographs or works derived there from, including but not limited to claims for either invasion of privacy or libel.

_______ LIMIT OF LIABILITY: If Saundra’s Photography cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer's illness or injury, then Saundra’s Photography will return all fees to the CLIENTS(s) but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. Client(s) agree to the limitation of Photographer’s liability to the amount paid under this contract.

_______ Damages incurred as the result of intentional abuse of photographic equipment by the Client and/or their guests will result in the CLIENT’S LIABILITY for repair or replacement, whichever is less, of damaged equipment.

_______ I understand that Saundra’s Photography is the EXCLUSIVE official photographer retained to perform the photographic services in this contract and at the event specified.

________ All items ordered as a result of this agreement will be made available no sooner than when payment IN FULL is received.

We accept cash, check or major credit card. To pay with a credit card please go to PayPal and use my name for the account to be deposited into my account.

I / we, the undersigned Contracting Party, hereby warrant that I am / we are competent to contract in my / our own name(s). I / we confirm that I / we have read the herein agreement prior to its execution and I / we are fully familiar with the contents thereof. This agreement shall be binding upon us and our heirs, legal representatives and assigns. And, we certify that we have received a complete copy of this agreement with all blank lines completed.
I have read and understood the terms above. I attest that I am of legal age to enter into a binding contract and hereby agree to the terms of this agreement.



Name: ________________________________________
Signed: ________________________________________
Date: __________________________________________
Facsimile signature deemed to be original.
SP:_________________________________________
Date:__________________________________________

Facsimile signature deemed to be original
Authorizes agent for Saundra’s Photography

Total services fee: $__________
Tax (6.5%): $______________
Total Due: $________________
Retainer: $__________________