Terms of Agreement
Portrait fees include an initial telephone or in-person consultation with Photographer, portrait session, and electronic images from our session. Additional travel fees are required for shoot locations outside of the photographer's current location. Portrait fees are determined in advance based on the number of individuals to be photographed, the location of the photo shoot and the length of the shoot. A deposit of 50% of the portrait fee and a signed copy of this agreement are required to reserve a portrait session date. The remaining balance of the portrait fee is due on the day of Client’s portrait session, and is payable before shooting begins.
The Client and Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting begins at the scheduled start time and concludes at the scheduled end time. If the Client does not arrive at the appointed time, there will be no changes to the times without prior agreement. All additional time beyond the scheduled end time will be billed to the Client.
All images are copyrighted to and remain the property of Irina Ivanova - IrrA.
Client grants to Photographer and his legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs produced as a result of this agreement 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 his legal representatives and assigns are released from all claims and liability relating to said photographs.
Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Irina Ivanova - IrrA” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photography competitions and releases all claims to profits that may arise from use of images.
CAPTURE AND DELIVERY
The Photographer is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of the Photographer. Client will receive electronic files (CD, flash drive, etc.) of the photography session within 7-10 days after their photography session. High-resolution digital image files are provided in jpeg format. Photographer retains the right to edit the photographs and omit any image.
POST-PRODUCTION AND EDITING
The final post production and editing styles, effects, and overall look of the images are left to the discretion of Irina Ivanova - IrrA.
Client understands that by entering into this agreement, Photographer is foregoing other photography jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the deposits paid are non-refundable. Deposits are transferable if a date change is necessary. Postponements or cancellations require a 3-day notice. Changes made in less than three days will result in a loss of the deposit.
If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during photography sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the 50% deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 50% deposit.
In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.
LIMIT OF LIABILITY
We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
CHANGES TO THIS AGREEMENT
There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined above.
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements or discussions 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 want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Irina Ivanova - IrrA.