PORTRAIT PHOTOGRAPHY AGREEMENT
103 E Kingswood Drive, Enterprise, AL 36330 | 931-401-2488
www.thepottershandphotography.com
AGREEMENT OVERVIEW
This agreement contains the entire understanding between The Potter’s Hand Photography and the Client. 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 want to waive one provision of this agreement, it 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.
COOPERATION
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Potter’s Hand Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to The Potter’s Hand Photography.
IMAGES, PRINTING AND COPYRIGHTS
The photographs produced by The Potter’s Hand Photography are protected by Federal Copyright Law and may not be reproduced in any manner without The Potter’s Hand Photography’s explicitly written permission. Upon final payment by the Client, the Client has limited ownership of the resulting purchased images, which may be used only for personal use and may not be copied or reprinted without express permission of The Potter’s Hand Photography. The Client must obtain written permission from, and compensate The Potter’s Hand Photography prior to the client, or its friends/relatives publishing or selling the images for profit. Should digital portrait negatives be purchased from The Potter’s Hand Photography, a print authorization will be granted to the purchaser for their personal use and the Client may then reprint images at their discretion up to size 10 inches on the long size. Larger wall portraits may be purchased through the Studio. The Potter’s Hand Photography is not liable for any misprinting due to faulty lab reproduction of images printed outside of our professional lab. Turnaround time for all galleries is usually two weeks from the date of your session, but can be up to four weeks during peak business seasons.
MODEL RELEASE
The Client and subjects hereby grant to The Potter’s Hand Photography and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client or in which the Client may be included, for editorial, trade, advertising, social media and any other purposes and in any manner and medium; to alter the same; and to copyright the same. The Client hereby releases The Potter’s Hand Photography and their legal representatives and assigns from all claims and liability relating to said photographs.
RETAINER & PAYMENT SCHEDULE
Agreed upon session retainer is due at time of signing this agreement. This is a non-refundable retainer. In the event of a cancellation, the retainer paid is non-refundable and shall be considered a loss. The Client shall liquidate it for damages to The Potter’s Hand Photography in the event of a cancellation, or breach of contract. The remaining charges agreed upon are payable in full on the date of the session, unless prior payment arrangements have been made and a payment contract has been signed by The Potter’s Hand Photography and the aforementioned Clients/Subjects.
LIMIT OF LIABILITY
In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents them from photographing the event, The Potter’s Hand Photography will make every effort to reschedule the event or find a replacement Photographer. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the package purchased. The Potter’s Hand Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond The Potter’s Hand Photography’s control, The Potter’s Hand Photography liability is limited to the return of all payments received for the portrait package.
FORCE MAJEURE AND SAFE ENVIRONMENT CLAUSE
If Photographer cannot perform or believes it may not be able to perform this Agreement in whole or in part due to a fire, natural disaster, act of war or terrorism (domestic or foreign), epidemic or pandemic (including COVID-19), action of any governmental authority (including a Government Order as defined in Section 7.3), national or regional emergency, other casualty, act of God, or other cause beyond the control of the parties or due to Photographer’s illness or injury, whether or not foreseeable (“Force Majeure Event”), then Photographer will give notice to the Client as soon as reasonably practicable after Photographer determines that a Force Majeure Event will or may prevent Photographer from performing under this Agreement. Photographer shall have no obligation to perform under this Agreement and no liability for delays or failures to perform due to a Force Majeure Event, but Photographer may, in Photographer’s discretion, work with the Client to find an alternative date for the Event that is suitable to both Client and Photographer. To the extent the Parties cannot agree on a suitable replacement date consistent with Photographer’s availability, Photographer may also, in its sole discretion, refund fees paid to Photographer under the Agreement, less any amounts necessary to cover expenses and work (based on time spent by Photographer) already performed by Photographer related to the Event, including, but not limited to, pre-session communications, development of timelines, and preparation of gear for the Event (the “Refund Amount”). In the case of a Force Majeure Event, Photographer shall have no additional liability to Client with respect to this Agreement beyond that described in this Section and below.
In the case of a Force Majeure Event that impacts the Photographer individually, but does not otherwise impact the Event, including, but not limited to, illness or injury to Photographer, Photographer shall make reasonable efforts to suggest a replacement photographer for the Event. Should Client not accept a replacement photographer selected by Photographer to perform Photographer’s obligations under the Agreement, Photographer shall refund the Refund Amount and shall have no further obligation to perform under the Agreement.
Client understands that Photographer works to maintain a safe work environment, including but not limited to, complying with applicable governmental laws, directives, orders, and regulations (each a “Governmental Order”). Client further understands and agrees that Photographer shall not be required to perform under this Agreement if the Event is held in violation of a Governmental Order or Photographer’s participation in the Event would violate a Governmental Order. Client also understands and agrees that Photographer is not obligated to continue to perform under this Agreement if Photographer’s personal safety or well-being has been or will be comprised or threatened at the Event, including, but not limited to, as a result of the condition of the venue for the Event, or the conduct of an attendee of the Event.
I hereby agree to the terms outlined and described above, including a model release for my own likeness as well as of any minor children mentioned herein.
