Agreement

This contract agreement is entered by and between Brenda Boyd Photography (referred to hereafter as “Photographer”) and you (referred to hereafter as “Client”).  Photographer agrees to provide the selected headshot photography session on the terms and conditions set forth below.

  1. Session Fee. The session fee is $300 and is due at the time of booking. This fee covers the time and talent of the Photographer, retouching and creative editing of images, as determined by the Photographer.
  2. Photo Session. “THE HEADSHOT EXPERIENCE”, “SPECIAL KIDS PHOTOGRAPHY”, “PET HEADSHOTS”, “KIDS HEADSHOTS”.
    1. Up to 2 hours with the Photographer
    2. Image review session directly after photo session
    3. Additional images available for purchase at $50/each
  3. Late Arrivals. If Client is more than 30 minutes late to the session without prior notice, the session will be canceled and the deposit will be forfeited.
  4. Rescheduling & Cancellations. Life happens, so if you need to reschedule that’s ok. Client may reschedule one time without being assessed an additional fee so long as Client requests the session be rescheduled at least 24 hours in advance of the start of said session. Subsequent rescheduling will be billed at $100 for each instance of rescheduling after the one-time free rescheduling of a session.  Cancellations will result in the forfeiting of the scheduling fee.  Out of courtesy, please provide as much advance notice as possible to reschedule or cancel.
  5. Altering Images. The client agrees not to alter the images, which includes the use of filters. The image may be cropped as desired.
  6. Personal Usage. Personal usage is included with the cost of the image. This means you can use your headshots on social media, your website, your business cards, etc.
  7. Commercial Usage. The commercial use of these images is not included. Commercial usage, using these on paid advertising campaigns or on products, like books, to be sold, is not included. Ask Brenda Boyd Photography for pricing for commercial usage.
  8. Re-shoots. Re-shoots will not be given for clothing, make-up, hair style, or any other reason.
  9. Failure to Perform. If the Photographer cannot perform the session due to fire or other casualty, strike, act of God, or other cause beyond the control of the Photographer, or due to Photographer’s illness or emergency, the Photographer and Client shall make every attempt to reschedule the session; however, if the parties are unable to reschedule, the Photographer will refund the deposit amount paid.  If a reschedule time cannot be agreed upon, The Photographer shall return the deposit to the Client and shall have no further liability. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.  In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
  10. Digital Image Gallery. Images will be selected and purchased at the end of the session. Once the retouching is completed, the Digital Image Gallery will be provided to the Client within one week of the session, unless otherwise scheduled. The Digital Image Gallery will be posted for 1 week in order to give time for the Client to download the images that we’re purchased. If the Client needs more time, the Client shall be charged an archival fee of $35 for each month Photographer retains the Digital Image Gallery. After two months of archival a notice via email Will be sent to the Client, And then the Photographer shall be authorized to delete the Digital Image Gallery and shall not be liable for any damages for so doing.
  11. All Sales are Final. Due to the custom nature of each session, all sales are final.
  12. Damage. The Photographer is not responsible for the damage of portraits after delivery to Client, including damage caused during transit by US mail. The Client assumes all responsibility for the safety of all images once received.
  13. Model Release. For Consideration herein acknowledged as received, and by signing this release I hereby give the Photographer / Filmmaker and Assigns my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) and gender as indicated below, but understand that other ethnicities or gender may be associated with me by the Photographer/Filmmaker and/or Assigns for descriptive purposes.I agree that I have no rights to the Content, and all rights to the Content belong to the Photographer/Filmmaker and Assigns.
    I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer/Filmmaker and/or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand.It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees/assignees of the Photographer/Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used.
    I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.Definitions: “ASSIGNS” means a person or any company to whom Photographer/Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company.
    “CONTENT” means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, film, radio and other media now known or to be invented.“MODEL” means me and includes my appearance, likeness and voice. “PARENT” means the parent and/orlegal guardian of the Model. Parent and Model are referred to together as “I” and “me” in this release, as the context dictates. “PHOTOGRAPHER/FILMMAKER” means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording me. “SHOOT” means the photographic, film or recording session described in this form.
  14. Property Release. As owner or authorized representative of the Property and by signing this release, I give the Photographer / Filmmaker and Assigns my permission to create and use the Content depicting the Property in any Media, for any purpose (excluding defamation and / or pornography) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other content, text and graphics and cropped, altered or modified. I agree that all rights to the Content belong to the Photographer / Filmmaker and / or Assigns.
    I agree that I have received Consideration for the rights granted in this release. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to Photographer / Filmmaker and / or Assigns. I acknowledge and agree that this release is binding upon my heirs if applicable, assigns or any person claiming an interest in the Property. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country / state from the following list that is nearest to the address of the owner or authorized representative given opposite: New York, Alberta, England, Australia and New Zealand.
    It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the relevant Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer / Filmmaker and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used.
    I represent and warrant that I am at least 18 years of age. I have the full legal capacity and right to execute this release and grant the rights herein granted with respect to the Property, and to bind all persons claiming an interest in the Property.
    Definitions: “ASSIGNS” means a person or any company to whom Photographer / Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company.
    “CONTENTS” means all photographs, film or recording, still or moving, taken of the Property as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, film and other media now known or to be invented. “PHOTOGRAPHER / FILMMAKER” means photographer, illustrator, filmmaker or cinematographer, or any other person or entity photographing or recording the Property. “PROPERTY” means the place and or property (real estate or intellectual property) that is the subject of the Shoot. “SHOOT” means the photographic or film session described in this form.
  15. Copyright & Penalty. The Photographer retains all copyrights to all images created during Client’s session, but shall grant an exclusive license to the Client to reproduce and publicly display the purchased images. The exclusive license does not allow selling or altering of Client’s images without the Photographer’s written permission.  It is illegal to copy, scan, download, print, share, alter, or otherwise use without license any image created by Photographer during the Client’s photo session.
  16. Limitation of Liability.  In all cases, Photographer’s loss or injury is solely limited to a refund of the total amount paid to the Photographer for services rendered, and Photographer shall have no further liability with respect to this contract.  The limitation of liability shall also apply in the event of damage, defect or other failure to deliver photographic goods, or if photographic materials or originals are lost, stolen, damaged, or destroyed during transit, processing or through equipment malfunction.
  17. Entire Agreement. This agreement is valid with signatures from both parties and a non-refundable retainer, and constitutes the entire understanding of both parties as governed by the State of California. It supersedes any prior agreement between the parties. The only way to alter this agreement is to do so in writing with a signed amendment or a new agreement. Failure to exercise any and all rights under the terms of this agreement or enforce any part herein, shall not limit its rights to exercise said rights in the future and should not be considered a waiver of any right.  If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect. The terms of this Agreement have been read in its entirety, and are understood and accepted by all parties.
  18. Creativity Clause. The Photographer is an artist with a distinctive style. As such, photographs cannot be rejected on the basis of aesthetics or personal taste.
  19. Dispute Resolution Clause. The Photographer aims to deliver the highest quality images possible to meet the goals of the photography session. The aim of the Photographer is to deliver on what is promised and resolve disputes. If a dispute arises and it is resolved, whether by an arbiter or between the two parties, the client shall not post or publish any disparaging or defamatory remarks about the Photographer’s services. If defamatory remarks were posted before the issues are resolved, the client shall remove the negative remarks.
  20. Limited Edits Clause. Each image selected and paid for includes basic editing for cropping, coloration, and contrast. Edit requests that involve retouching that is above and beyond what is typically offered by the photographer, which is outside of the basic package, will be charged at an hourly rate of $50/hour with an hour minimum.
  21. Photographer’s Marketing Usage. Your session may be documented with videos and photos for marketing. If you do not want to be in marketing materials, please notify Brenda Boyd by email before the session.
  22. Safe Working Environment Force Majeure Clause. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 2 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of 7 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

____ I have read and agree to the terms above.

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To talk about your business headshot needs, call 909-583-3033!