An electronic copy of contract will be sent to client for review and signature via fax or email
prior to date of session
Client’s signature constitutes an understanding and agreement to the following:
- Chantell Junk DBA Stills that Speak Photography (‘Photographer’) is hereby granted the irrevocable right and unrestricted permission to use images created under this contract for advertising, display, contests, publication or for any other purpose authorized by Photographer. Client understands & by his/her signature below agrees to the photo release conditions as outlined above: Signature:____________________________________________________ Date: ______________
- It is understood Stills that Speak Photography is the exclusive photographer retained to perform the photographic services requested on the contract. Further it is understood that other cameras including, but not limited to, cell phones and video cameras are distracting to both the subject(s) and photographer and it is agreed these will not be used by any parties for the purpose of photographing or video until such time the photo session is completed.
- The client signing this contract warrants that (s)he is over the age of eighteen, fully able to contract in his/her own name, and if signing as parent or legal guardian of a minor, represent that they are the parent or legal guardian of the above named minor(s), and have every right to sign this Agreement on the minor’s behalf. Further that they have actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Stills that Speak Photography in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of Stills that Speak Photography.
- It is understood that watermarks placed on photos posted by Stills that Speak shall not be removed by any means by anyone and re-posted.
- Upon signature and receipt of retainer, Stills that Speak Photography shall reserve the time and date agreed upon. Unless Stills that Speak Photography is able to fully replace a reservation cancelled with less than 24 hours notice, all retainers are non – refundable, even if the session is rescheduled or canceled for any reason other than inclement weather.
- If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting to the artistic standards of Stills that Speak Photography, photographer may elect to use an alternate location or to reschedule the session.
- Payment in full is required prior to start of session. Should payment be returned for any reason, an insufficient/uncollected funds fee in the amount of $50 will be assessed. In the unlikely event this occurs – photos will be released when certified funds are received to cover both payment and fee.
- By signing this contract, the client assumes all risk and takes all responsibility for any injury, loss, damage, or other liability that (s)he (or the minor) may sustain during the photo session, regardless of locale and/or the cause, and Photographer will not be liable in any way for any occurrence in connection with the client’s (or the minor’s) entry on the locale of the session resulting in injury, loss, damage or liability to the client (or the minor).
- In the event Stills that Speak Photography is not able to provide services on your scheduled date and time due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, your session will be rescheduled or your session fees refunded. This would only be if absolutely necessary and is not expected to be a possibility.
- If Stills that Speak Photography cannot perform this contract due to fire or other casualty, strike, act of God or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, and the sitting fee is refunded to the client (per client’s request), Stills that Speak Photography shall have no further liability with respect to the contract. Although care will be taken, this limitation on liability shall also apply in the event that photographic material/digital files are damaged in processing, lost through camera or media malfunction, lost in the mail, illness, accident, any cause beyond the photographer’s control or otherwise lost or damaged without fault on the part of the Photographer. In the event Stills that Speak Photography fails to perform for any other reason, Stills that Speak Photography liability shall not exceed the retainer amount stated herein.
- Please note that although all reasonable effort will be put forth to capture the vision you have of your child(ren)’s portraits it is understood that child(ren)’s behavior is not the responsibility of the photographer.
- Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and client releases Stills that Speak Photography from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The client additionally understands that Stills that Speak Photography encourages the use of professional printers and strongly discourages the use of local or online discount photo processing.
- Due to space limitations, digital files will be kept for a period of 30 days after delivery of CD or USB to client. Stills that Speak stresses the need to back up original CD/USB as soon as possible after receipt. In the event a duplicate CD/USB is requested by client a minimum handling/material fee of $10 shall apply. Total size of files and shipping fees, if applicable, shall determine final price.
- The charges in the contract are based on Stills that Speak Photography’s Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when said order is placed.
- This release will inure to the benefit of the heirs, legal representatives, licensees, and assigns of Photographer, and will be binding on the client’s (and the minor’s), heirs, legal representatives, and assigns.
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs elsewhere without Stills that Speak Photography’s written release. Violators of this Federal Law will be subject to its civil and criminal penalties.
This contract incorporates the entire understanding of the parties and is governed by the laws of the Commonwealth of Virginia. Any modifications of this contract must be specified in writing and signed by both parties. I have read and understand this agreement, including the terms and conditions, and agree to be bound by them
Signature:_________________________________________________ Date: ______________