ASHLEY KLATY PHOTOGRAPHY MODEL & SENIOR PORTRAIT CONTRACT

 

1.     Retainer and Payment.  The Client shall make a non-refundable retainer in the amount of $170.00 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties.  The Client agrees that this retainer is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. A payment of $80.00 will be paid to hair and makeup artist on the day of the senior session totaling in a $250 session fee. 

 Payment for product orders shall be submitted to the Photographer the day of gallery delivery, whether via online proofing service or in-person viewing.

Minimum order requirement for products is $750. Any payment plan Contract agreed to by the Photographer and the Client shall be included as an addendum to this Contract.  A late payment fee of $150 shall be applied to the late payment amount in accordance with the payment plan Contract.  No products shall be delivered until the entire amount is paid in full.

Hair and makeup artists are paid separately and payment to the independent contractor is due the day of the service. A payment of $80.00 will be paid to hair and makeup artist for each photographic session.

 

2.     Cancellation.  If the Client requests to amend or cancel this Contract 14 days or more calendar days before the agreed upon photographic event date, the retainer SHALL be applied to a mutually agreed upon reschedule date.  If the Client fails to show or cancels 13 days or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.

 

3.     Rescheduling/Late Arrivals.  In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 14 days prior to the scheduled event.  Reschedule must be within the same calendar year.  Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event.  Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. If a client arrives more than 20 minutes late the session will be cancelled and retainer shall be forfeited.

 

4.     Adult Presence.  The legal guardian and/or parent of the senior graduate shall be in attendance for all communications and events.  Failure of the legal guardian and/or parent to be present shall result in termination of the photographic event and a forfeiture of the retainer.

 

5.     Completion Schedule.  Completion schedules and delivery of products shall be determined from the date of final approval by the Client.  Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.  All products shall take 4 weeks from time of print order to be processed and delivered to the Client.   The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around.  An expedited fee of $250.00 shall be applied to expedited product requests.  The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services. 

 

6.     Deadlines. The Client shall be solely responsible for informing the Photographer of any deadlines related to the production of the photographs.  The Photographer will make reasonable efforts to comply with the deadlines requested by the Client, provided that the Client gives specific advanced notice of the deadlines, and such deadlines are approved by the Photographer. If any deadlines are agreed to, they shall be approved in writing by the Photographer, and attached as ______________ (“ Exhibit A ect…”) to this Contract and shall become a part hereto. The Photographer shall not be held in breach of this Contract if the Client fails to submit the deadlines in writing to the Photographer at the time of signing the Contract.  In the absence of such Contract, no specific guarantee as to time for delivery shall be offered. Expedited fees of $250.00 shall be applied if an expedited time schedule is requested by the Client and approved by the Photographer to meet any educational deadlines, including but not limited to Senior events, yearbook, etc.

 

7.     Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.   All orders must be placed within the outlined schedules within this Contract.   No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.  The Photographer shall make gallery proofs available through an agreed upon in-person product consultation.  These proofs shall be available for viewing by the Client within 4 weeks of the photographic event.  All orders shall be placed during the in-person consultation.  Orders placed after the close of the in-person product consultations are subject to a $150 restoration fee at the time of this Contract.  In the event the Photographer delivers the gallery via an in-person ordering consultation. These proofs shall be available to the Client within 4 weeks of the photographic event.     If an online proofing gallery is delivered, it shall remain open for 30 days from delivery.  If the Client requests to extend the time or reopen the online proofing gallery, a $150.00 un-archival fee shall apply.   

 

8.     Artistic Rights.  The Photographer retains the right of discretion in selecting the photographic materials released to the Client.   The Client shall receive a gallery of 30-40 photographs to select from and shall not receive any photographic materials not presented to the Client.  The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.  Additional processing may be requested for $150.00 per file.

 

9.     Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.     

 

The Photographer DOES NOT provide the Client permission to resize photographs for Internet-based usage.

 

10.  Client Usage.  The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract.  The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client.  Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release. 

 

11.  Social Media.  The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.   The Client shall identify the “COPYRIGHT YEAR PHOTOGRAPHER BUSINESS NAME” in the caption of all photographs uploaded to social media websites and profiles.  Client shall tag the Photographer’s business page in all the uploaded files.

 

12.  Photography and Videography. The Client shall not engage in photography or videography during the course of the photographic event without the express written permission of the Photographer. 

 

13.  Adult Participation.  If the subject photographed is under the age of eighteen, then a parent and/or legal guardian, defined as an individual of eighteen years or older acting with legal rights over the minor, shall be the point of all communications and shall attend all photographic events and consultation sessions.

 

14.  Specifically Requested Shots.   The Client shall inform the Photographer at least 3 days prior to the arranged session date of specifically requested shots.  These shots include, but are not limited to, cap and gown, drape, tuxedo, and extra-curricular activity uniforms and/or props.

 

15.  Yearbook. The Photographer shall grant to the Client a limited irrevocable license to reproduce and publish images taken during the scheduled photography session in the annual school yearbook. Such license shall be limited to publication in the yearbook published in the same school year as the photography session. Grant of this license is limited to the specific use outlined in this section. The Photographer retains all other rights to the images, including rights of publication thereto.

 

16.  Creative Control.  The Photographer retains creative control of the session.  This control is including, but not limited to, the adjustment of hair, makeup, jewelry, clothing, and clothing straps.  The Client shall request, at the time of the session, for any adjustments to clothing, hair and makeup to be made.  The Client will cooperate with the Photographer and defer to the Photographer’s professional judgment in all matters related to creative control. The Client agrees that the Photographer cannot guarantee any specific pose or photograph and that the Photographer has the absolute discretion to refuse to create any specific photographic image.

 

17.  Use of Independent Contractor.  The Client acknowledges and agrees that the Photographer may utilize Independent Contractors in the course of the photo-shoot. These include, but are not limited to, hair and/or makeup artists. The Photographer is not liable for any application or services by any Independent Contractor.  This includes, but is not limited to, allergies as a result of use of the products by the Independent Contractor.  The Photographer will provide The Client contact information for any Independent Contractor utilized in the photographic session. The Client agrees and acknowledges that they will contact the Independent Contractor and convey any health-related concerns, allergies, or other pertinent information to the Independent Contractor.

 

18.  Failure to Perform.  If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability.   Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited. 

 

19.  Substitute Photographer.  The Photographer reserves the right to substitute with another photographer due to illness, emergency, act of God or causes beyond the control of the Photographer The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract.  The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

 

20.  Photographer’s Standard Price List.  The charges in this Contract 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. 

 

21. Travel and Overage Fees. The Client shall pay $20 per 40 miles outside the Zip code of 66441.

 

22.  Arbitration.  Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $50.00.   In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

 

23.  Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.

 

24.  Miscellany. This Contract incorporates the entire understanding of the parties.  Any modifications of this Contract must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract.  This Contract shall be governed by the laws of the State of Kansas.

 

25.  Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

 

26.  Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.

This Contract listed above is between the Client, whose name and address is listed below, and ASHLEY KLATY PHOTOGRAPHY LLC.
Senior Name *
Senior Name
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Parent/Legal Guardian Name *
Parent/Legal Guardian Name
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