Sabrina May Photography
Dawson Creek BC
PORTRAIT PHOTOGRAPHY AGREEMENT AND MODEL RELEASE
[CLIENT SIGNING THIS FORM], referred to in this Agreement as "Client", agrees that Sabrina May Photography, referred to in this Agreement as “Photographer”, shall provide portrait photography services in the manner described in this Agreement. This Agreement incorporates the entire understanding between Client and Photographer and supersedes all prior agreements between the parties. This Agreement may only be altered or modified in a written instrument signed by both parties. Client must provide Photographer with a signed copy of this Agreement and pay the non‐refundable booking fee before Photographer is required to provide any services.
Reasonable efforts will be made by Photographer to take requested Photographs (defined in Copyright section below), but Photographer cannot promise that a specific pose or photograph will be captured. Photographer reserves the exclusive creative right to edit and provide only those Photographs to Client that she selects. Any requests from Client for extensive retouching or editing shall be priced by Photographer with a custom quote.
Photographs will be made available to Client within 30 days after the shoot. If additional time is required, Photographer will promptly notify Client.
2. Fees and Payment
Client will pay Photographer total fees of $200.00 (inclusive of HST) subject to Client paying Photographer a non‐refundable booking fee of %50 (inclusive of HST) to secure the date with Photographer prior to or at the time of signing this Agreement. Unless otherwise noted in this Agreement, this booking fee is non‐refundable in the event of cancellation for any reason or rescheduling by Client. No date is reserved until Photographer receives a signed copy of this Agreement and the booking fee. Unless this Agreement is cancelled, the booking fee shall be applied to the total fee for the services provided. The balance of all fees due must be received by Photographer on or before the date of the shoot.
Additional Expenses: Client agrees that there may be additional fees charged to the final package order in the event of excessive travelling farther than 20km from Dawson Creek, potential parking fees at desired locations, in the event of mail deliveries and all other reasonable expenses incurred during the completion of the photo shoot. Photographer will provide Client with an invoice with any additional expenses after the shoot and these expenses are payable subject to the terms of the invoice, but Photographer will notify Client of any additional costs before providing the invoice.
The photographs, digital negatives and prints created by Photographer (“Photographs”), are protected by copyright law (all rights reserved) and the copyright in all Photographs is retained by Photographer
at all times throughout the world. Unless stated otherwise in this Agreement, the Photographs may not be copied or reproduced in any manner by Client or anyone else without the written permission of Photographer. Client may print and display Photographs solely for personal non‐commercial use. All Photographs displayed online by Client, solely for personal non‐commercial use, must credit Photographer and Client may not remove the Photographer’s watermark from the Photographs.
Photographer retains the worldwide right to use the Photographs in any manner at any time, including for advertising, trade, promotion, exhibition, competition or any other lawful purposes in connection with Photographer’s services.
Model Release: This Agreement serves as a model release giving Photographer the irrevocable right to use the Photographs of Client, including any minors portrayed in the Photographs, in all forms, media and manner, without any restriction, for advertising, trade, promotion, exhibition, competition or any other lawful purposes in connection with Photographer’s services. Photographer can grant use of the Photographs to third parties and all compensation for use and credit for the images remain the property of Sabrina May Photography. Client waives any right to inspect or approve any Photograph used by Photographer in connection with Photographer’s Services. This release is binding on the Client, and his/her legal representatives, heirs, and assigns. Client is solely responsible for any claim brought by anyone portrayed in a Photograph (including minors) with respect to Photographer’s use of any Photograph so long as Photographer’s use of the Photograph is consistent with the terms of this Agreement.
In the event Client or Photographer must cancel and a reasonable rescheduling date cannot be agreed upon, Client agrees that the booking fee will not be reimbursed. Unless Photographer has incurred fees specific to the agreed‐upon shoot, no additional fees will be charged. In the event of inclement weather where Client and Photographer have agreed to reschedule, no additional fees will be charged. The parties agree to discuss any rescheduling and use their best efforts in attempting to find an alternative date and time, but rescheduling cannot be guaranteed by Photographer. Photographer is not responsible for the inability to access locations selected by Client for the shoot.
Client shall indemnify and hold Photographer harmless from and against all losses, claims, actions, costs and expenses (including reasonable legal fees) resulting from Client’s breach of any of the terms of this Agreement.
7. Limitation of liability
In the unlikely event of a total photographic failure because of a technical issue, cancellation of this Agreement by either party or in any other circumstances, the liability of Photographer shall be limited to the total value of any payment by Client to Photographer and Photographer shall not be liable for any indirect or consequential damages. If Photographer is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, extreme weather, labour disputes, electrical failure, or technical problems (such as camera, computer, hard drive or memory card malfunction), and if Photographer cannot provide Client with the option of using another competent professional photographer, all payments received by Photographer, minus reasonable expenses, will be returned to Client, and Photographer shall have no further liability with respect to this Agreement. This limitation of liability also applies to any loss/damage of Photographs or failure to deliver Photographs for any reason. Liability for a partial loss of Photographs shall be pro‐rated based on the percentage of total Photographs taken.
The parties to this Agreement are independent contractors and agree that no joint venture, partnership or employer‐employee relationship exists between the parties. This Agreement may be executed in counterparts. If any provision of this Agreement is held to be invalid or unenforceable under law, the validity of this Agreement as a whole shall not be affected, and the other provisions of this Agreement shall remain in full force and effect.
Photographer and Client acknowledge that they understand and agree to the terms and conditions of this Agreement.