PORTRAIT PHOTOGRAPHY | FORM & CONTRACT

Michael Cary, Photographer
PO Box 33, Culleoka, TN 38451
(951).330.0175 | contact@mcexposures.com
www.mcexposures.com

CLIENT INFORMATION

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SUMMARY

The Client agrees that they are responsible for all parties involved with the agreed upon photo session. If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability. The Photographer is responsible for providing the Client a photographic service as detailed in this Agreement. The Client seeks to engage the Photographer for photographic services at the price identified below.

PACKAGES

Services will be provided by the Photographer as follows by the selected package:

Mini Package | $75 – Package Includes: One Photographer, Up To 15 Minutes of Shooting, Up To 1 Location of Choice (Outdoors, Not In Studio), Up To 1 Outfit/Style of Choice, Up To 8 High-Res Digital Files [JPG], Featured Images on Social Media, Public Online Gallery for Sharing With Friends & Family, Private Download Gallery

Classic Package | $175 – Package Includes: One Photographer, Up To 1 Hour of Shooting, Up To 1 Location of Choice (Outdoors, Not In Studio), Up To 2 Outfits/Styles of Choice, Up To 25 High-Res Digital Files [JPG], Featured Images on Social Media, Public Online Gallery for Sharing With Friends & Family, Private Download Gallery

Gold Package | $300.00 – Package Includes: One Photographer, Up To 2 Hours of Shooting, Up To 2 Locations of Choice (Outdoors, Not In Studio), Up To 2 Outfits/Styles of Choice, Up To 50 High-Res Digital Files [JPG], Featured Images on Social Media Within 7 Days Following Session Date, Public Online Gallery for Sharing With Friends & Family, Private Download Gallery, 10% Discount on 2 Future Session Scheduled

CONTRACT TERMS & CONDITIONS

SESSION FEES / RETAINER: A 25% retainer & signed contract are required to reserve your date and is non-refundable. However, the above stated retainer will be applied to the total cost of your package.
- The non-refundable retainer is a fee that retains the photographer’s services for your scheduled session date that the photographer has turned down other work for.
- The package total is due 7 days before the booked date. Payments can be split up leading up to the session in a payment plan that is agreed upon between the client and Michael Cary Photography. No photography will be fulfilled without payment in full 7 days before the date stated in this contract.
CHANGE OF DATE OR VENUE: Michael Cary Photography must be notified immediately of any changes in schedule or location, at least one week prior to scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be in writing. It is the client's responsibility to confirm all arrangements at least 7-10 days prior to the event. In the event of change of address or contact information as listed, the client must notify Michael Cary Photography.
TRAVEL EXPENSES: If travel is required, the Client is responsible for all travel, accommodations, meals, and transportation expenses. If traveling by vehicle, a $0.57 per mile fee is required for events outside the 30-mile radius of zip code 38451 in the State of Tennessee. Other travel fees for transportation to and from the event location(s), and overnight accommodations is due prior to the event date. Lodging required for more than twelve (12) consecutive hours of transportation time plus photography coverage. Photographer will be reimbursed in full by Client for all reasonable housing and travel expenses including, but not limited to hotel costs, vehicle rental fees, plane tickets, mileage costs, tolls, and parking fees. If the event is cancelled, the travel fees will not be refunded.
EXCLUSIVE PHOTOGRAPHER: Michael Cary Photography shall be the exclusive photographer(s) retained by the client for the purpose of photographing the event. Family and friends of the clients and other vendors SHALL NOT interfere with the photographer's duties. Guests will be asked to refrain from taking flash photographs at certain intervals of the services to ensure proper exposure of images.
COPYRIGHT INFORMATION: The photographs produced by Michael Cary Photography are protected by US Copyright Laws (US Code Title 17) and MAY NOT be edited, reproduced, cropped, or altered in any manner. Client hereby waives any claims of ownership, income, editorial control, and the use of the images.
- It is a breach of this agreement to not only reproduce or change the images, but to display them on social media networking sites (Facebook.com, Twitter.com, Instagram.com, etc) without crediting Michael Cary Photography [@mcexposures]. If displayed on social networking sites, any photo shared on the internet should be either captioned crediting Michael Cary Photography or tagging Michael Cary Photography [@mcexposures] in the actual photograph.
CANCELLATION OR POSTPONEMENT POLICY: There shall be NO refund of retainer after the signing of agreement due to the reservation of the photography date. If the event is cancelled within 14 days of the date, the client shall pay the balance of the contract due to the high probability Michael Cary Photography will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and Michael Cary Photography. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Michael Cary Photography of the cancellation. Clients who want to postpone (reschedule) may do so one time with no fees, any further postponements (rescheduling) will result in a $50 rescheduling fee. Postponement Fee is non-refundable. Any other arrangements shall be discussed between the client and Michael Cary Photography. All arrangements will be put in writing.
CREATIVE LICENSE: Images are edited at the photographer's (Michael Cary Photography) discretion and delivered images may not include all images shot. The photographer (Michael Cary Photography) reserves the creative right to edit and release only those deemed credible as professional quality and within the photographer's artistic standards. All images released are high resolution JPEG/JPG. RAW files are not released.
- RAWs are large, unformatted image files which are required to be edited and converted to an appropriate format file such as JPG/JPEG.
FLASH DRIVE STORAGE: Due to the lack of information about how long flash drives can hold information, Michael Cary Photography recommends clients back up images on another media format other than flash drives, such as an external hard drive. Michael Cary Photography also recommends making multiple copies of the images from the flash drive to ensure the images for years to come. Michael Cary Photography cannot be held responsible for the failure of the flash drives due to mishandling. It is the client's responsibility to keep several copies of any flash drive in more than one location and back the images up on another format such as a hard drive.
ARCHIVAL OF IMAGES: After you receive your images, Michael Cary Photography archives the photos for a total of six months. If you lose the copy of the images from your session, there is an archival fee of $78 to have a gallery of your images uploaded so you can download the digitals.
FAILURE TO PERFORM: Due to the limited and subjective nature of the event, Michael Cary Photography cannot be held responsible for photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by, but not limited to, anyone in or at the event, or by the church or location restrictions. The photographer is not responsible for the lost photo opportunities due to other cameras or flashes, the lateness of the client, or other principles, rules and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Michael Cary Photography will be used for organizational purposes and in no way represents photography that will be produced. Michael Cary Photography will do its best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all locations fees and permits.
FORCE MAJEURE: If Michael Cary Photography or its assigns cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to road closures, severe traffic, fire, terrorism, other causes beyond the control of the parties, or due to the photographer's illness, then Michael Cary Photography shall return any monies paid by the client, less expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of Michael Cary Photography.
PHOTOGRAPHER SUBSTITUTION: In the extremely unlikely event of severe personal illness or other extreme acts of nature beyond the control of Michael Cary Photography which precludes the photographer from performing the duties of coverage, Michael Cary Photography will attempt to arrange for a substitute photographer of high qualification, per client approval of said photographer. The client and Michael Cary Photography both assume the risks and dangers of the photographer's travel and if the extremely unlikely event a last-minute Act of Nature or travel disaster occurs while Michael Cary Photograph is en-route to the event, the photographer will refund the client all monies paid, less the retainer.
PRINTING OF THE IMAGES: The photographer is not responsible for any prints that are not ordered directly through Michael Cary Photography.
SOCIAL MEDIA: The Client may share post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
MODEL RELEASE: This contract serves as a model release, giving Michael Cary Photography the irrevocable right to use the photographs in all forms and in all media and in all manners for advertising, trade, promotion, exhibition, or any other lawful purposes. Michael Cary Photography can grant the use of the images to third parties and all compensation for use and credit for the images remain the property of Michael Cary Photography. The client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photo(s) or the use to which it may be applied, included written copy that may be created and appear in connection therewith. This release is binding on the client and their legal representatives.
DELIVERY OF PRODUCTS: Client will receive their final high resolution, hand edited JPEG/JPG images via an online gallery no later than 1-3 weeks following the date. This does not include any requests by client for further edits or enhancements.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Michael Cary Photography and Client. It supersedes all prior agreements between parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
The undersigned in the left (or above) panel have read and understood the contract and agree to the terms and conditions in their entirety. Only the client (or signers of this document) can discuss any problems that arise.
We kindly ask you get in touch with us 1-2 weeks prior to the date of your event to touch base and go over last-minute details. We will make every effort to contact you, but it is the client's responsibility to contact Michael Cary Photography to confirm the details and times.
Michael Cary Photography retains the copyright to all images produced by Michael Cary Photography and/or subcontractors. If purchasing Hi-Res images on a flash drive, clients will be given a written print release to make personal copies of images on the flash drive. The client understands the images given on flash drives cannot be used for profit or advertising and all posting of images on the internet need to be credited images to Michael Cary Photography.