CONTRACT FOR PHOTOGRAPHIC SERVICES
It is understood that Donna Burkes Photography AKA Photography by Donna (Photographer) is the exclusive, official photographer retained to perform photographic services requested on this contract.
Photographer reserves the right to use negatives, RAW images, edited images and/or reproductions for advertising, display, publication or other purposes, not restricted to use on the web, Facebook, business cards, or posters.
No part of any order, including previews, will be delivered until the balance is paid in full. Payment for prints is required in full at the time of placing an order. Prints will not be ordered until payment is made.
Original photographs are not included, only edits. Photographer retains the right to edit the photographs and omit any image. It is understood that Photographer will not deliver every exposure taken. Client agrees to abide by Photographer’s editing decisions.
Client will receive photos on digital download/DVD/USB Drive with print release for personal use. Digital download/DVD/USB Drive includes images for printing and may be used on the web, Facebook, or email.
Client understands that when publishing photos on websites, I.E. personal website, Facebook, etc., client will not edit the photos in any way, I.E. editing the watermark, cropping, filters, etc.
Client is responsible for making a backup of all photos from the digital download/USB/CD/DVD. Additional USB drives/CDs/DVDs may be purchased from Photographer. Photographer will make every attempt to keep archival copies of photos, but does not guarantee that they will be retained indefinitely. Backup copies are for client use only and may not be distributed to others.
Client shall assist and cooperate with Photographer in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. Client will be respectful to Photographer and all parties being photographed. Photographer has the right to end the session, without refund, if there is lack of cooperation or respect.
Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
The charges in this Contract are based on Photographer’s Standard Price List. This price list is adjusted periodically and future orders/sessions shall be charged at the prices in effect at the time the order/session is placed/booked.
In the event Photographer files suit to enforce any term or condition herein, Photographer is entitled to expenses of litigation, including reasonable attorney fees.
NOTICE OF COPYRIGHT:
It is ILLEGAL to copy or reproduce these photographs without Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
Photographer retains copyright to the photographs. Printing and/or distribution rights granted as noted below.
All deposits and payments are non-refundable. Any refunds given are at the photographer’s discretion. All payments must be made in full before any services or photos are delivered.
Upon signature, Photographer shall reserve the date and time agreed upon, and will not make any other reservation for that date and time. For this reason, all deposits are non-refundable, even if the date of the wedding is changed or wedding is canceled for any reason.
A deposit is due at signing to hold the date. 1/3 of the total is due to hold the date. 1/3 to be paid thirty (30) days before the date of the wedding. The complete balance must be paid in full no later than seven (7) days before the date of the wedding. A $200 late fee will be assessed for balances unpaid by seven (7) days before the date of the wedding. All deposits and payments are non-refundable, except as noted in the next paragraph.
If Photographer cannot perform this Contract due to fire or other casualty, act of God, or other cause beyond the control of the parties enacted upon Photographer, or due to Photographer’s illness or emergency, then Photographer shall return the deposit to Client, but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, or otherwise lost or damaged without fault on the part of Photographer. In the event Photographer fails to perform for any other reason, Photographer shall not be liable for any amount in excess of the retail value of Client’s order.
Photographer recommends Client purchase insurance for the wedding or event.
Client agrees to provide meals for each photographer at the event reception as well as adequate time for the meal (I.E. during the regular meal). For events longer than eight (8) hours, two (2) meals for each photographer will be provided. This will be handled on a case by case basis.
Completion of processing and edits of a wedding may take up to ten (10) to twelve (12) weeks for delivery.
FOR ALL SESSIONS (NOT INCLUDING WEDDINGS/EVENTS)
Payment must be made at the time of booking. Photographer understands weather, illness, or other reasons may cause Client to reschedule a session. Client will not be charged a penalty rescheduling a session provided at least a 24 hours notice is given. Client may reschedule the session, at the convenience of Photographer, without being charged a fee. No show or rescheduling within 24 hours will incur a $50 reschedule fee at the discretion of Photographer. Photographer will make every effort to spend the necessary time, including on multiple days, at the convenience of Photographer. Photographer may reschedule without penalty.
Completion of processing and edits of a photography session may take four (4) weeks for delivery.
FOR INFANT SESSIONS
Infant sessions may be purchased as a one-year package. Clients who purchase a one-year package are responsible for contacting Photographer to schedule each session. Photographer is not responsible for missed sessions. Missed sessions are not refundable. If client cancels the rest of a one-year discounted package, the balance of the package is still due.
Travel within the Greater East Texas area is included in the session fee. A travel fee for sessions outside of East Texas may be added to the cost of the contract. Contracts that require multiple trips (one year infant packages) may require a travel fee for each session. Travel fees are based on mileage to and from the location and may change as necessary. All travel fees must be prepaid.
Client may not reproduce the album or files in any way. Additional copies may be purchased for a fee. The album is only for the owner (the paying client) to print photographs (as noted in the release).
Client may not edit the photographs in any way. This includes, but is not limited to, removal of watermarks, cropping, or using filters.
Printed photograph quality will depend on where it is printed. Only prints printed through Photographer will be guaranteed for color and quality. Client may print images at the professional photo lab of choice (excluding one-hour labs at super markets and pharmacies).
If included, files in the “web” folder or with “web” in the name are re-sized and sharpened for web viewing (I.E. Facebook, Flickr, Blogger). These files are watermarked and should be used. Client should not print these files. These files should be used on the Internet (web, Facebook, e-mail, etc.).
Photographs may be used for advertisement (modeling, head shots, etc.) for an additional fee. Credit to “Donna Burkes Photography” must be given for the photograph.
Photographs may not be entered in photo contests without expressed permission from Photographer. An additional fee may be required for use.
Digital album downloads will be removed after thirty (30) days. A $50 fee will be charged to re-post digital album downloads.
RELEASE AND WAIVER OF LIABILITY
I, HAVING AGREED TO ACT AS A MODEL, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems, which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
1) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the ordinary negligence of the provider or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: Donna Burkes Photography and/or their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers;
2) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of such entities or persons or otherwise.
I acknowledge that Donna Burkes Photography and their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Donna Burkes Photography.
I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment, which may be deemed advisable in the event of injury, accident, and/or illness during this activity or event.
I understand that at this event or related activities, I may be photographed.
I acknowledge that flash photography or strobe lights may be used during this event or activity. I agree to allow my photo, video, or film likeness to be used for legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
PARENT/GUARDIAN WAIVER FOR MINORS (Under 18 years old): The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity, has consented to his/her child or ward’s participation in the activity or event, and has agreed individually and on behalf of the child or ward, to the terms of the accident waver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
DIVORCED PARENTS OF MINORS (Under 18 years old): Please understand your divorce decree or agreement. It is the client’s responsibility to provide accurate information on their right to have his/her child photographed. It is also the client’s responsibility, at his/her discretion, to provide the other parent copies of photos from the purchased session, unless both parties have signed this contract. Photographer will not be held accountable for disagreements on providing photos to the other parent.
PHOTOGRAPHER WILL ONLY PROVIDE PHOTOS FROM THIS SESSION TO THE UNDERSIGNED CLIENT. If more than one party needs access to the photos of this session, they MUST sign the contract. It is then at the client’s discretion to share or provide photos to anyone not on the contract.
This Contract incorporates the entire understanding of the parties. Modification to this Contract must be in writing and signed by both/all parties.
You can now fill your contract online! You will have the option of downloading a copy after you complete the form, the final copy will be automatically emailed to me!Fill Online
INFORMATION ABOUT YOUR PHOTOGRAPHY SESSION
We thank you for selecting us as your photographers for this special occasion. We have a few recommendations that will help ensure you get the most out of your session.
Please show up promptly at the designated time. Many times sessions may be scheduled after yours. Arriving late may cut into the time devoted to your session. For most sessions, it is best to arrive 10 minutes early.
Please leave your cameras and cell phones in the car. Your session will go much easier without the distraction of other cameras or the need to answer a cell phone. We reserve the right to ask you to put away cameras and cell phones.
Please let family and friends know they should not attend the session. The photography session is not meant to be a family reunion or meet and greet with others who are not part of the session. We would love to photograph your entire family too, but please schedule a separate session.
For all sessions (but especially for children and infants), cameras, cell phones and other people are distractions, which may affect the attention of those, being photographed.
If we are photographing a newborn session, don’t forget that we will do a few shots with mom and dad. You brought them into this world. You deserve some photos with them. Neutral colored tank tops/undershirts are best, and natural or no makeup for mom.
If you feel we did a great job photographing you and your family, please give us a hug. We love hugs and we hope that you enjoy working with us as much as we do with you.