This agreement is between the Client, whose name and address are listed below, and Crystal Bieberle Photography, here on out referred to as the Photographer.
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PLEASE FILL THE FORM OUT BELOW TO AGREE TO THIS CONTRACT.
NO PHOTOGRAPHY SESSION WILL TAKE PLACE UNTIL THIS CONTRACT IS SIGNED.
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1. Payment. The session fee is due on the date and time of the session. Cash or check is accepted. No photos will be edited or released to the client until payment is received.
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2. Rescheduling/ Late Arrivals. In the event that the Client or the Photographer needs to reschedule a session due to illness, weather, and or other unforeseeable circumstances, 24 hours notice must be given. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
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3. Cooperation Clause. Photographer requires the active and willing participation of each member of the photo shoot. Photographer is not liable for missed shots, delays, and or inability to deliver quality images if the client(s) do not cooperate with location, posing, or technical instructions given during the session. Client acknowledges that abusive behavior; verbal and/or physical will result in immediate termination of the session. Photographer will make every effort to accommodate special requests, however client acknowledges that not every request, pose, location, or grouping may be possible and it is up to the professional expertise of the photographer to determine the success and possibility of the request at the time of the session based on many factors including but not limited to: time, lighting, wardrobe choice, safety, age of the participants, location, photography gear on hand, and skill and expertise of the photographer.
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4. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be deleted. The Photographer will use her professional judgment and sole discretion to select which photos to deliver that is consistent with work displayed on the photographer’s photography page and website. Such selection shall constitute all images that will be made available to the clients. Because a photography session is an uncontrolled event, the photographer cannot guarantee delivery of any specifically requested image(s).
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5. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website, social media site(s), and/or studio. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
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6. Photographic Materials. All photographic materials, including but not limited to raw images, edited images, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make edited, high resolution digital downloads available through an online gallery website. These edits shall be available to the Client within 2-3 weeks of the session. If an online gallery is delivered, it shall remain open for 30 days from delivery.
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7. Model Release. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait session. Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, All persons included in portrait session, and/or in which Client may be included, for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
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8. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial and sale use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with that release.
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9. Social Media. The Client may share Facebook sneak peek images through use of the share functions. Client shall not copy, download, screen shot, or capture the photographs in any other fashion unless provided with written permission of Photographer. Images the Photographer shares on social media sites should not be changed, edited or altered in any way.
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10. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. Also, if the Photographer is unable to deliver edited images and any additional photographic materials due to technological malfunctions, including but not limited to camera, computer malfunction, processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
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11. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s current price list. This price list is adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session takes place.
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12. Travel and Overage Fees. The Client shall pay $.40 per mile, round trip, for travel 30 miles outside the zipcode of 67002.
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13. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s home location and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
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14. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events, either on location, or on Photographer’s property. Client(s) will be responsible for themselves and their children and release Photographer from their person or their business.
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15. Miscellany. This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement. This agreement shall be governed by the laws of the State of Kansas.
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16. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
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BY CHECKING BOX AND SIGNING, YOU AGREE TO THE TERMS LISTED ABOVE.
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**If you would like a copy of this contract, please email cbieberle@hotmail.com and I can provide you with a pdf copy.