Thank you for choosing Taylor Moore Portraiture!
I'm so excited to work with you! This contract sets forth the terms and conditions of our agreement. Please read all information carefully and keep a copy for your records. In filling out the Portrait Session Agreement, you indicate your agreement with and understanding of the policies, terms, and pricing set forth and stated here. If you have any questions, please let me know before the session.
1 SERVICE FEES: In consideration for the Services provided by the Photographer, the Client agrees to pay the sum specified above. The Client agrees to pay a non-refundable retainer fee totaling 50% of the total price of the Services at the time of signing this Agreement. This retainer fee reserves Photographer’s time and is not a payment for Services. The retainer fee will be subtracted from the total fee. Photographer agrees not to advertise the availability of the same time slot to any other potential client. If the Client cancels or reschedules the Services for any reason, the initial payment will not be returned to the Client. All out of town sessions more than 20 miles from the Photographer’s home office require payment in full at the time of booking. If sessions are booked within two (2) weeks of the proposed session date, the full session fee will be due at the time of booking. Balances are due one (1) week prior to the session date, unless arrangements have been made with the photographer to pay the remaining balance on the date of the session. Returned checks are subject to a $40 non-sufficient funds fee.
2 ADDITIONAL FEES: All overtime will be billed at a rate of $400 per hour. A travel fee of a minimum of $50 is charged when round trip travel from the Photographer’s home office exceeds 15 miles unless otherwise specified by the Photographer. All additional fees must be paid in full before any photos or products are released to the Client. In the event that the Client specifies a certain location to be used during the session, the Client is responsible for location fees. The Client is responsible for arranging location access, including any permits or passes required for entry.
3 CANCELLATION: The Photographer reserves the right to cancel the Client’s session date or to transfer it to another client if the session fee is not received one (1) week prior to the scheduled date. Retainer fees are non-refundable.
4 RESCHEDULING: Should the Client need to reschedule a session, notice must be given at least three (3) days prior to the scheduled date and the new date must occur within one (1) month of the original date. Should the Client need to reschedule more than one time, a fee of $50 will be incurred for each reschedules, up to two (2) times. After that, sessions will be canceled and monies will not be refunded. The new session date will reflect pricing in effect on the most recently published price list. The Photographer makes no guarantee that the new session date requested will be available.
5 COOPERATION AND COURTESY: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The Photographer is not responsible if key individuals fail to appear or cooperate during this session, or for missed images due to details not revealed to the Photographer. The Client agrees that shooting commences at the scheduled start time and ends at the scheduled end time. All additional time beyond the scheduled end time will be billed to the client at the Photographer’s current rate.
6 SESSION ETIQUETTE: Cell phones may not be used to photography setups created by the Photographer, or any part of the session, without the express permission of the Photographer. The Photographer has the right to discontinue the session and keep the session fee if this is not honored.
7 COPYRIGHT AND REPRODUCTION: The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without express written permission from Taylor Moore Portraiture. Any reproduction, display, distribution, and/or use of the copyrighted items for advertising or commercial use shall be allowed only with Taylor Moore Portraiture’s express written permission specifying usage and fees.
8 CREATIVE LICENSE: Images are edited at the Photographer’s sole discretion. The Photographer reserves the right to use professional judgment to select which photos to deliver. Such selection shall constitute all images that will be made available to the Client. The Photographer will make a good faith effort to achieve the Client’s desired results. However, the Photographer will maintain ultimate discretion and control over the session. The Photographer will use the equipment that she finds appropriate and will take the photographs that she finds appropriate. The Client’s desired results are limited by the terms of this agreement.
9 PROOFING AND DIGITAL DOWNLOADS: The Photographer agrees to provide no fewer than 20-30 images for selection and is not required to provide more than this number of images. Proofs will be completed within approximately 4 weeks of the session date. Digital files will be delivered via web album unless the Client has requested another form of delivery. A Sneak Peek will be posted to social media or the Photographer's website within one (1) week of the date of the session. All client-requested retouching not included in the purchased product will be billed at a rate of $50 per image. This includes, but is not limited to, corrections made to hair, tan lines, clothing, etc. Once Client has paid and been given access to their digital download gallery, the client has 30 days to download the gallery before the gallery expires. A $50 fee will be charged to reopen the gallery.
10 LIMIT OF LIABILITY: If the Photographer cannot perform this agreement in whole or in part due to the circumstances outside of the parties’ control, such as sudden injury, illness, loss of equipment, or acts of God, then Photographer will return all retainers and fees to the Client, but shall have no further liability with respect to this agreement. The Photographer will also return all retainers and fees, but will not be liable for any other injuries, if photographic materials are damaged during processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of the Photographer. In no event, regardless of the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive, or any other damages, including attorney’s fees, resulting from Photographer’s services or lack thereof. Photographer shall only be liable up to the price of this agreement.
11 MODEL RELEASE: The Client grants the Photographer the unrestricted right to use and publish any images taken at the session for the promotion of its business and services. This includes, but is not limited to: samples, websites, blogs, internal and external promotion materials, entry into photographic contests or art exhibitions, editorial use, or for studio display. If, at a later date, the client wishes to have Taylor Moore Portraiture remove all online images, there will be a fee of $1000 required to buy rights to the images.
12 AGREEMENT: This agreement incorporates the entire understanding between Taylor Moore Portraiture and the Client. Any modifications of this agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a provision of this agreement. This agreement shall be governed by the laws of the state of California.
13 ELECTRONIC SIGNATURE: Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures fo rate purposes of validity, enforceability, and admissibility. The following form shall therefore serve as an electronic signature.