This contract 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.
- Session Fee. A non-refundable deposit of fifty percent (50%) is required for all headshot photography sessions. No session date may be reserved until the 50% deposit is received. The deposit shall be applied towards the total cost of the services to be rendered by Photographer to Client. The remaining session fee is due at the time of your photo shoot. This fee covers the time and talent of the Photographer, retouching and creative editing of images, as determined by the Photographer. The balance of the session fee is due prior to the start of the session.
- Photo Session. “THE HEADSHOT EXPERIENCE”, “PET HEADSHOT”, “PORTRAIT SESSION”.
- Up to 2 hours with the Photographer
- Image review session directly after photo session
- Additional images available for purchase at $50/each
- Read more about headshot, portrait, or pet headshot sessions on our website (www.brendaboydphotography.com/)
- Late Arrivals. If Client is more than 15 minutes late to the session without prior notice, the session will be canceled and the deposit will be forfeited.
- 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 $50 for each instance of rescheduling after the one-time free rescheduling of a session. Cancellations will result in the forfeiting of the 50% deposit. Out of courtesy, please provide as much advance notice as possible to reschedule or cancel.
- Re-shoots. Re-shoots will not be given for choices of clothing, make-up, hair style, or any other reason.
- 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, Photographer will refund the deposit amount paid. If a reschedule is unable to be agreed upon, Photographer shall return the retainer 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.
- Proofing Gallery. When the proofing gallery is available, the roofing gallery of Client’s images will be available for viewing within 2-3 days of session date if there was not opportunity to review images directly after the photo session. Proofing gallery will be posted for 1 week and all orders must be placed during that time or Client shall be charged, and hereby agrees to pay an archival fee of $35 for each month Photographer retains the proofing gallery due to Client’s failure to select his or her desired images. After two months of archival, and notice via email to Client, Photographer shall be authorized to delete the proofing gallery and shall not be liable for any damages for so doing.
- All Sales are Final. Due to the custom nature of each session, all sales are final.
- Damage.Photographer is not responsible for the damage of portraits after delivery to Client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
- Model Release. Images are subject to commercial use in Photographer’s promotional materials. By hiring the Photographer the Client grants permission to the Photographer the unrestricted and irrevocable right to commercially use, sell, trade, and publish images in conjunction with the Client’s name or a fictitious name in any media for promotional advertising, competition, education and other lawful purposes. The Client relinquishes any right to approve images for such use and releases Photographer from any liability that may occur, including without limitation, any claims for libel or invasion of privacy.
- Copyright & Penalty. 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 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 Client’s photo session.
- Limitation of Liability. In all cases, Photographer’s loss or injury is solely limited to a refund of the total amount paid to 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.
- 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.
- 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.
- 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 also deliver on what is promised. The aim of the Photographer is also to 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.
- Limited Edits Clause. Each image selected and paid for includes basic editing for cropping, coloration, and contrast. Edit requests that involve retouching that are outside of the basic package will be charged at an hourly rate of $50/hour.
____ I have read and agree to the terms above
PRINT NAME SIGNATURE