Contract for Photography Services
Angie Willis Photography, LLC
to be referred to as "AWP" for Contract Purposes.
Owned/Operated by Angie Willis
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between AWP and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to amend this agreement is to do so in writing, and providing the document is signed by all relevant parties.
2. PAYMENT/RESERVATION: Upon your signature, AWP will reserve the time and date agreed upon. A retainer fee of 25% of total package is required for portrait sessions at the time of booking. This is a non-refundable retainer. If the retainer fee is not paid within 48 hours of contract submission, your date will not be secured. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid one week prior to the event. The non-refundable retainer will be transferable to a later date in the event circumstances happen outside of the client's control (i.e. illness, death, unavoidable weather events). If the client cancels a rescheduled session more than one time, the retainer fee is then forfeited, non-refundable, and non-transferable at the time. If AWP fails to appear at the place and time specified above, the retainer shall be refunded to the Client.
3. CANCELLATION: In the event that the client cancels, the deposit is non-refundable.
4. SHOOTING TIME / ADDITIONS: The day’s schedule and selected methodology are designed to accomplish the goals and wishes of the client in an effective manner for all parties involved. The client and AWP agree that positive cooperation and punctuality are therefore essential. If AWP fails to appear at the place and time frame specified, the retainer shall be refunded to the Client. If client is more than 30 minutes late to session time scheduled by AWP, the client forfeits the retainer, and it becomes nonrefundable and nontransferable at that time. AWP has the right to wait until the morning of to let the client know the exact location and time, due to best lighting and location. Services will commence at the scheduled time. Should any event start late due to any reason whatsoever, AWP will not be held liable for any photographs not captured. Should any event start early due to any reason whatsoever, AWP will not be held liable for any photographs not captured.
5. EXCLUSIVITY/GUEST MEDIA/DIGITAL RIGHTS: It is understood that AWP will act as the primary and sole photographer. AWP is not opposed to guests taking pictures or videos while we are working, just be advised that as you have hired AWP and if guests get in the way then we are less capable of completing our work, especially with excellence.
6. MODEL RELEASE: The client hereby assigns and grants AWP and its legal representatives 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 or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases AWP and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that AWP may display and use the photographs taken for advertising, display, website and Internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, magazine advertising and any other purpose thought proper by AWP.
7. SAFETY: AWP reserves the right to refuse to work in any circumstance that places a team member safety or the safety of those being photographed in jeopardy or potential jeopardy. Angie Willis has sole discretion over the decision of safety.
8. SOCIAL MEDIA: This clause applies to all social media, including Facebook and blogs. When any product received from AWP is posted online, it is required that proper recognition be given to AWP. The client agrees that they will under no circumstances alter the product’s that are placed in public on the internet. As an artist, AWP must require that all work placed online will be accurate representations of the work provided so that future clients have a healthy understanding of the products/services that they will receive. The client agrees to be responsible for any family member or friend who posts any AWP products online.
9. SATISFACTION/ACCURACY: AWP may capture many images during your session, but the client will see only those images carefully selected by the photographer in the gallery. Each finished image is carefully edited by the photographer to ensure maximum artistry and technical perfection. Images with eyes closed, heads turned, duplicates, etc. may not be shown. No unedited images will be released under any circumstance. Basic and necessary touch-ups will be performed at the discretion of the photographer. Any requests above what is presented in the online gallery will be billed at $100/hour. This may include things such as extensive blemish or scar removal, head swapping, body slimming, etc. The client agrees that the work delivered will be of a similar style and caliber to the work on the AWP website, and that the photographer(s) will be given creative liberty during the session and in post-processing. AWP is required to provide client with a minimum of 30 high resolution digital negatives via pic-time.com within four weeks after session date. If Client has a personal preference on gallery delivery method, Client is to provide that preference to Photographer prior to the session date. The product(s) may be posted by AWP online, but this is not a certainty. The client agrees that the photographer can only capture the events that happen; weather, location, schedule complications, time restraints and subject’s ability to cooperate, are all factors in the quality of the final product(s).
10. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. AWP will make every effort to secure a replacement photographer able and/or willing to provide a similar collection as chosen in this contract at the same/similar price. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event collection. AWP takes the utmost care with respect to exposure, transportation and processing of images; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of the client’s footage being lost, stolen or destroyed for reasons within or beyond AWP's control, the latter’s liability is limited to the return of all payments received for the event collection. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of original images shall be a prorated amount of the images lost based on the percentage of total amount of usable images. Not with standing anything contained in this contract, the client’s sole remedy for an actual breach by AWP shall be the termination of the contract and a refund of the retainer and other money paid to AWP.
11. CHOICE OF LAW: This agreement is governed by the law of the State of Oklahoma. If any dispute arises under this agreement, it shall first go through an alternative dispute resolution. If the dispute cannot be resolved through the alternative dispute resolution process, then either party may bring a claim in the appropriate court in the state of Oklahoma.
12. SEVERABILITY: If any provision of this contract is held invalid or unenforceable by any court of competent jurisdiction, the other provision of the contract will remain in full force and effect. Any provision of this contract found to be invalid or unenforceable in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.