Photography Service Agreement & Release Form

This website is provided subject to your agreement with my User Agreement (see footer) and the following Agreement and Photo Release Form, which may be modified or supplemented at any time. Your use of this website will indicate your agreement to be bound by these Agreements as it exists at the time of your use. Clients may be asked to sign a copy of a Service Agreement and Photo Release Form. A PDF version can be found here

 

Agreement Overview

This agreement is between C Todd Creations, hereinafter referred to as the "Photographer", operating in the State of Indiana, and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the portrait session detailed below.

The price list and/or documents attached to this contract are integral parts of this document. The agreement, terms & conditions, and price list are the only legally binding documents between the Parties.

This is a contract for personal photography services to be provided by the Photographer and/or individuals subcontracted to do work for the Photographer. The Parties agree to the following terms and conditions, and acknowledge that they have received, read, and understand the Photographer’s current price list.

Mutual Delight and Satisfaction

The Parties share the intention to work together with mutual consideration and respect. The Parties agree to cheerful cooperation and communication for the best possible result within this Agreement.

All services provided by the Photographer within the scope of this Agreement are guaranteed to meet or exceed the Client’s expectations. The Photographer will rework any issues until the Client is satisfied, or will refund payments made.

Payment Schedule

Payment is requested as follows: 50% at start of project (session booked or proposal accepted) and remainder at completion (session completed or project completed)

Invoices are payable upon of receipt. Invoices shall list any additional costs as separate items. Please make all checks payable to C Todd Creations.

Additional custom orders (reprints, enlargements, packages, other products) must be paid in full at the time of order.

Copyright

All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer and/or subcontractor(s) remain the property of the Photographer. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.

Permission and Usage Rights

Title (possession) of and copyright to all products shall remain with the Photographer until Client has paid in full. Upon final payment, Clients are granted permission to use, print or otherwise distribute copies of images. In all cases, the Client understands the images released cannot be used for profit or advertising and all posting of images on the internet and/or social media must be acknowledged as images by the Photographer. Images may not be edited or altered in any manger, including use of filters or removal of watermarks, without written permission of the Photographer.

Permission is hereby granted to the Photographer to use any images created under this contract for any lawful purpose, including for example such purposes as for art, publicity, advertising, trade, or any other lawful purpose. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

Creative License

Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.

Force Majeure

If the Photographer 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 or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic and video materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.

 

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Revised: October 2017