PHOTOGRAPHY AGREEMENT
This Agreement is made on this _______ day of ________ 2023 by and between
REYNA SAMMS PHOTOGRAPHY (hereinafter referred to as the “Photographer”) is the
exclusive, official photographer retained to perform the photographic services requested
on this Contract and __________________ (hereinafter referred to as the “Client”).
Together referred to as “parties”.
The parties herein agree to be legally bound by the following terms; –
1. Payment.
The charges in this agreement are based on the Photographer’s Standard Price List.
This price list is adjusted periodically and future orders shall be charged at the prices in
effect at the time when the order is placed.
Parties agree that the session fees must be paid on or before the portrait session date.
Preview images will not be available until the session fee has been paid in full and no
part of any order, including digital images, will be delivered until the order balance has
been paid in full.
2. Non-refundable.
The client herein agrees and acknowledges that all session fees and deposits are non-
refundable, even if the photography is rescheduled or canceled for any reason other
than inclement weather.
In the event, inclement weather or other adverse conditions prevent the creation of a
photograph meeting the artistic standards of the photographer, the Photographer may
elect to use an alternate location or to reschedule the session.
3. Confidentiality.
Parties herein agree that any information obtained from the performance of the services
in this agreement that relate to the business, shall be deemed confidential, and the
same will not be shared with any third parties without the other party’s prior written
consent.
4. Marketing.
Both parties agree that the photographer reserves the right to use images created under
this contract for advertising, display, publication, or other purposes and the Client herein
warrants that they have actual authority to agree to the use of the likeness of all persons
included in the photograph in this manner and shall indemnify and defend the
photographer in the event of litigation arising out of such use.
The client further agrees to credit the photographer when posting images on social
media.
Images shared on Facebook must tag "Reyna Samms Photography".
Images shared on Instagram must tag "@thedancing_photographer"
5. Intellectual Property.
Parties herein agree that all negatives, digital files, and previews remain the exclusive
property of the Photography.
It is agreed that it is ILLEGAL to copy or reproduce negatives, digital images, and
printed photographs elsewhere without Reyna Samms Photography’s permission, in the
form of a Print Release, and violators of this Federal Law will be subject to its civil and
criminal penalties.
6. Delivery.
The Digital images will be delivered either via web-based digital download, email, or
custom USB drive.
In the event the Client loses or damages their digital images, the Photography will not
be liable for such loss or damage and will not replace lost or damaged files.
It is highly recommended, by the Photographer, that the client immediately back up any
digital files on an external drive or via online cloud storage.
Digital images purchased by the Client still remain the property of Reyna Samms
Photography. They may not be altered in any way, shape, or form, including but not
limited to editing the overall style of the image, color/contrast/exposure changes,
cropping portions of the images, adding objects/persons/graphics, and deleting
objects/persons/graphics.
7. Quality.
The parties herein agree that all images produced by the photographer have been done
so with the use of color-calibrated monitors.
Monitors used by the Photographer have been calibrated to meet printing standards,
thus color changes may occur when images are viewed on non-calibrated monitors.
Parties further agree that images viewed in non-professional editing programs will
appear less sharp than if the same images are viewed using a professional program.
Printed images will be correct in color, sharpness, and other variables that may be
affected by non-calibrated monitors and non-professional programs, that is, if a
professional imaging lab has produced the printed images.
For printed images to meet the quality of the original digital files, they must be printed
on high-quality photographic paper or other professional photographic mediums and
done so by a professional lab.
It is highly recommended that the Client order printed images from a reputable,
professional lab to ensure that the quality of their digital images is met.
The client agrees and acknowledges that the Photography is not liable for the quality of
images printed by any imaging lab, both professional and non-professional.
8. Governing Law.
Parties agree that the terms and provisions herein shall be governed and construed in
accordance with the laws of the Country of Bermuda and the United States.
9. Dispute Resolution.
The parties herein agree that in the event of a dispute arising from the terms and
conditions herein, it shall be mutually negotiated in good faith.
10. Liability.
The Client is aware that color dyes in photography may fade or discolor over time due to
the inherent qualities of dyes, and the Client hereby releases the Photographer from
any liability for any claims whatsoever based upon fading or discoloration due to such
inherent qualities.
The Client is responsible for protecting and caring for their printed and/or digital
products. The Photographer is not responsible for any damaged products after the
successful delivery of said products.
This limitation on liability shall also apply if 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.
11. Force Majeure.
In the event Reyna Samms Photography cannot perform its obligation/duties stipulated
under this agreement, due to fire or other casualties, strike, an act of God, or other
cause beyond the control of the parties, or due to the Photographer’s illness or
emergency, then it shall not be deemed as the photographer’s fault and she shall return
any deposit or sitting fee to the Client but shall have no further liability concerning the
Contract.
If 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.
12. Severability.
In the event any provision in this agreement is deemed invalid or unenforceable by a
court of competent jurisdiction, the same shall be severed from the agreement and the
remaining provisions shall continue in existence and apply in full force and effect as if
the unenforceable provisions were not part of the agreement.
13. Assignment.
Parties herein agree that the Photographer may be substituted for another photographer
in the event of Reyna Samms Photography’s illness or unforeseeable conflicts in
scheduling.
In the event of such substitution/assignment, Reyna Samms Photography warrants that
the photographer taking the photographs shall be a competent professional.
14. Entire Agreement.
This agreement and the terms herein contain the complete understanding between the
parties and supersede any prior written or oral agreements, promises, or undertakings.
Any modifications or changes must be done in writing and signed by both parties.
WHEREAS the parties have signed this agreement on the date signed herein below; –
REYNA SAMMS PHOTOGRAPHY; –
Designation:
_________________________
Signature:
___________________________
Date:
_______________________________
Email Address:
_______________________
THE CLIENT; –
Designation:
_________________________
Signature:
___________________________
Date:
_______________________________
Email Address:
______________________
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