Entire Agreement: This agreement contains the entire understanding between Sherry Sutton Photography and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have the waiver in writing.
Reservation: Session fee is required to reserve the specified coverage. Payment of the fee is an acceptance of the terms and conditions of this contract.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for the photographs. Sherry Sutton Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Sherry Sutton Photography beforehand.
Copyrights: The photographs produced by Sherry Sutton Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Sherry Sutton Photography photography’s explicit written permission. It is a breach of this agreement to not only reproduce the images, but to display them on social networking sites (Facebook.com, Myspace.com, etc.). If displayed on social networking sites, photos must say photos by Sherry Sutton Photography somewhere visible on the photo or on the information tab below each single photo. Upon images being uploaded to online web gallery, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions:
The photographic images are the property of CLIENT for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives.
The CLIENT must obtain written permission from and compensate Sherry Sutton Photography prior to the CLIENT or the client’s friends and relatives publishing or selling the photographs for profit.
Exhibition: Requests for photographic images to be used by Sherry Sutton Photography may be requested at a future time. CLIENT grants Sherry Sutton Photography permission to display selected images resulting from this assignment as an example of Sherry Sutton Photography photography’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
If client’s photo is requested to be used in any print or online publication, they will discuss this with Sherry Sutton Photography. Sherry Sutton Photography grants client limited rights to use the images in marketing materials with specifications that photo by Sherry Sutton Photography is listed on the image/article. If client requests to use the image in the distribution of products such as but are not limited to posters, clothing, etc. a 5% compensation rate of the total number of sales will apply unless otherwise agreed upon in writing.
Model Release: The CLIENT hereby grants Sherry Sutton Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Sherry Sutton Photography and its legal representatives and assigns from all claims and liability relation to said photographs.
Limit of Liability: In the unlikely event that the photographer is injured or becomes too ill to photograph the event, Sherry Sutton Photography will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event package. Sherry Sutton Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event those photographs have been lost, stolen, or destroyed for reasons within or beyond Sherry Sutton Photography photography’s control, Sherry Sutton Photography liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
Weather Policy: In the event of weather conditions that are out of our control:
If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer’s discretion if bad weather persists to cancel the session, during the session.
If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client decides to go ahead and reschedule, the client will not be charged to do so. The client will then be put on first alert for their engagement session and able to have their session even on non-session days.
Props: The client is responsible for bringing any props that they would like in their photos. In the event that the client has forgot a prop for the session and wants photos with that prop, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
Appearance: In the event that the client would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
Locations: If you have more than one location for your session, the travel time going from destination 1 to destination 2 and so forth does count towards the total amount of the session time.
Location Access and Fees: If the client wants to do a session at a location that charges for access, the client will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so.
Outfits: Although, there are no additional fees for additional outfits. The amount of time it takes to change into those outfits does count towards the total amount of the session time.
Tardiness: In the event that the client is late to the appointment set, the client’s session will still be for the same scheduled ending time.
Security Deposits: In the event of cancellation 50% of the full amount paid is non-refundable. It shall be liquidated damages to Sherry Sutton Photography in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment for any Sherry Sutton Photography material charges incurred up to time of cancellation.
Completion Schedule: Editing and uploading to gallery takes approximately two-four days but may take longer. Every effort will be made to upload edited photos the same day the photographs are taken.