Laura McClure (PHOTOGRAPHY)
Photo Session Contract
AGREEMENT between Laura McClure (the “Photographer”) located at 2293 Old Ranch Road Escondido, CA 92027 and XXXXXX (“Client/Licensee(s) ”) for the provision of photography for _____________________________________________ (name, address, )
A) YOUR PORTRAIT SESSION DETAILS
1. Shoot Plan: Date, time and place to be camera ready:
2. If any party of the photo session becomes ill, please call as soon as possible to reschedule. The Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. Requests for rescheduling or re-shoots are granted only at the Photographer’s discretion.
3. Other cameras are not allowed at the photo session because they can be distracting, and they also prevent the Photographer from being able to do her job effectively.
B) FEES / VALUE
1. Creative/Session fees is XXXXXX and includes photographer's travel (up to 25 miles), creativity, pre-session consultation, image editing, file preparation and a personalized web gallery. Photographer agrees to also provide advanced editing of XXXXXX images. Value of this contract is: XXXXXX. No cash value.
2. Client/Licensee(s) are responsible for covering additional fees and costs related to Client/Licensee(s) location choice (admission fees, parking, grounds fees, permits etc).
C) COPYRIGHT OWNERSHIP & CREDIT
1. The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer’s explicitly written permission. Copyright of all images is retained by the photographer. This is not "work for hire".
3. Copyright Notice & Credit: Copyright Notice & Credit the name of the photographer shall accompany the work when it is reproduced, used, placed in an article, posted on social media. "©Laura McClure" or "Laura McClure Photography" with a link to the website (http://www.lauramcclurephotography.com) shall be adjacent to image if watermark is not on the photograph itself. If a photograph is to be included on a web site, I will ask that in addition to the above byline, wherever convenient, a link be place to my website.
D) PHOTO PERMITTED AND NONPERMITTED USES (Licenses)
1. License(s) For XXXXX (agreed number of images) Images and type of license (filled in after choice is made)
LICENSE USAGE (one will be left according to license chosen)
• For Personal Use: Client/Licensee(s) may reproduce, print the image for Client/Licensee(s) self, Client/Licensee(s) friends and family as well as for Client/Licensee(s) Facebook page and personal website. Product ordering will be attached to Client/Licensee(s) download site for Client/Licensee(s) convenience but there is no obligation to use it exclusively.
• Commercial Advertising. For use on social media, website, as print advertising, digital advertising, print promotional pieces for Client/Licensee(s). Not transferrable to a third party with the exception of (if applicable):
2. Under no circumstances can a Client/Licensee(s) use these images for third party profit, commercial endeavors, for use by sponsors as endorsement or otherwise, in competitions, or for professional display nor shall they allow use my third parties in anyway including but not limited to Facebook pages, websites, print materials, prints etc. If third parties wish to use, please contact Laura McClure directly to negotiate payment for license to use.
3. Additional usage: if Client/Licensee(s) wishes to make any additional uses of the work Client/Licensee(s) agrees to seek permission from the Licensor and a separate written contract will be attached.
4. Printing: I will not execute separate contract for print permission for Walmart, Target, CVS, Walgreens or any non-professional lab. Prints may be ordered through my site, on request.
E) PROOFING AND CHOOSING FAVORITES
1) XXXXXX days after shoot is completed, Client/Licensee(s) proofs will go online in a password protected gallery.
2) Choose XXXXXXXX (agreed on number of images) images to edit and send to Photographer. Choosing Favorites: http://www.zenfolio.com/zf/video-popup.aspx?id=z079ec5c0
1. The advanced edits are done at the photographer’s digression and in the photographer’s style.
2. It will take approximately XXXXXX days for them to be edited and re-uplaoded.
3. Client/Licensee(s) can make up to 3 small changes to edited images.
a. Additional changes will be billed at $25/hr.
b. The Photographer will let Client/Licensee(s) know if there are extra charges before work is started.
1. All delivery of proofs and completed edits will be done via download from website. No DVD or CD will be mailed. Downloading images: http://youtu.be/22Jf_BxTo0c
2. Client/Licensee(s) have 30 days to download before they are taken off site and might or might not be recoverable. There will be a re-upload charge if photographer needs to re-upload.
H) ORDERING IMAGES
1. Ordering Prints and Other Items: http://www.zenfolio.com/zf/video-popup.aspx?id=z210ae36c
2. Client/Licensee(s) can order digital images directly from photographer
I) MODEL RELEASE TERMS:
The CLIENT/LICENSEE(S) hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT/LICENSEE(S) or in which the CLIENT/LICENSEE(S) may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT/LICENSEE(S) releases all claim to profits that may arise from use of images.
1) I, The Photographer and property owners of property we might be on, shall be held harmless for any and all injury to Client/Licensee(s) during the course of the photography session and the immediately surrounding events. This includes handing the photographers or any other equine (horse). Specific Equine Release if equines are involved. Client/Licensee(s) agree to the following taken from Arizona Revised Statutes (no matter what state actual shoot is in) 12-553. and is agreeing to comply/hold true in California and other states. The Client/Licensee(s) warrants he/she/they is/are a horsewoman/man capable of handing an equine in a safe and professional manner.
K) ARBITRATION / BINDING / RELEASE
I, Client/Licensee(s) , agree that this contract will be binding not only upon me (us), but upon my (our) heirs, successors and assigns as well and that this release and grant of use is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this agreement will be governed by the laws of the City of Escondido, in the County of San Diego in the State of California, USA.
Release and Agreement: By signing below, I, Client/Licensee(s) , (we) hereby release, acquit, indemnify, hold harmless and discharge the Photographer, her employer, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above which may arise in any way whatsoever from the use of the images and/or from my (our) use of the images. If any suit is brought challenging the enforceability of this agreement, I agree to indemnify Photographer or her assigns for attorney fees and expenses.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the PHOTOGRAPHER and the Client/Licensee(s) . 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 parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
Client/Licensee(s) Name(s) & Signatures:
Printed Name Signature
Printed Name Signature