This agreement is between you (named above)-- referred to as "client" or "you" & Tattered Lens Photography/ Savannah Benz--referred to as "me", "I" or "photographer(s)".
You can expect your engagement shoot to last anywhere from 60-90 minutes, I encourage outfit changes and have included that in the time allotted. I typically deliver anywhere from 50-150 images of an engagement session. If you choose a location further than 1 (one) hour drive time, please be considerate and understanding in my expectation that you cover any travel cost.
P A R T O N E
I. Booking Fee/Deposit: The booking fee of $250.00 is due within thirty (30) days from booking date. Otherwise, a percentage of the total amount will be considered to be a form of deposit.
a. The booking fee/deposit will go toward the full agreed upon amount.
II. Cancellation: In the event of the clients (you) cancelling the session for whatever reason after 7 (seven) days of contract completion, within your control or otherwise, all fees & payments are non-refundable & the amount agreed upon (see above section, "price agreed upon") is still due entirely.
a. If your session is cancelled due to an unforeseen circumstance, there is a contractual obligation of Force Majeure. Definition: "unforeseeable circumstances that prevent someone from fulfilling a contract." This will only be taken into effect if this occurs on the exact time & date of your booked session.
b. Should such event occur on your session date implementing Force Majeure, all payments made are non-refundable. I (the photographer) will take into consideration the possibility of coordinating other ways to still photograph you (the clients) at a later time.
c. If you neglect to pay the agreed amount after cancellation, I (the photographer) agree contact you to attempt to collect payment or schedule payment arrangement three times within 30 (thirty) days after booked session date. After 90 (ninety) days past booked session date, if payment is still not made or arranged I will send your account to a collection agency or a claims court. See "Legal" section of contract.
III. Rescheduling: The clients (you) are responsible for communicating with me (the photographer) about rescheduling your session & choosing a new date.
a. I (the photographer) will not cancel or double-book any previous obligations made to photograph your rescheduled session.
b. I will not refund any portion of amount agreed if you do not choose a date in accordance to my current openings.
c. Travel fees may apply for the rescheduled session's location.
d.You (the client) may reschedule your session once at no charge, each additional date change after 7 days from contract revision will result in a $250 fee. This is added on to your full amount due & is also to be paid in full prior to your session.
e. Should you decline to reschedule session, see cancellation portion of contract.
IV. Legal: Should our relationship take a turn for the worst case scenario possible; if I (the photographer) am forced to take action & seek legal representation, you (the client) are responsible for all fees pertaining to my representation. I will not seek legal representation unless:
a. you (the client) present me with your own legal representation in an effort to forcefully break, revise or become exempt from this contract.
b. your account becomes delinquent & I (the photographer) have to take your account to a collection agency or a claims court.
P A R T T W O
I. Payment arrangement: I am flexible on the payment schedule if the full agreed upon amount is paid prior to your session date.
a. I do not accept cash payment.
b. I do accept checks sent two weeks prior to session date.
c. I have APPS (i.e., Venmo & Zelle ) that allow payment without any transfer fees.
d. If you use PayPal or any other credit card service, you are responsible for the transfer fees.
II. Cooperation: The Clients and the Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract.
b. Please note that not everyone like having their photo taken. In such cases I (the photographer) cannot be held responsible for a lack of reaction or number of photos of each individual person.
III. Copyright Law: The copyright of photographs remains with the photographer until you are paid in full. The photographer grants the clients permission to make copies of the images under the following conditions;
a. The images taken by the photographer are for personal use by the clients and their friends and relatives.
b. Sale, Publication or any Commercial use of the photographs is not allowed without prior written permission from the photographer.
c. Sharing from a social media platform after adding a “filter” or adjusting in any way is not permitted.
d. After you are given all printing and copyrights to your photos; you agree that I can use your photos for marketing (i.e., on social media and any websites associating Tattered Lens Photography.).
e. This part is also considered to be a “model release”.
IV. Gallery delivery: Your gallery (images) will be delivered via an online forum approximately ninety (90) days after your event date.
a. I (the photographer) agree to open communication if post-processing takes longer than the ninety days.
b. You will have the access to download all files.
c. I do not include any sort of prints in my pricing, this contract is considered your print release if you choose to have your photos printed through a third party.
d. The site will automatically delete your gallery after thirty (30) days after being posted.
e. I am not responsible for keeping your gallery for longer than seven (7) days, in my own personal files. Within that time, you have the right to request a photo that might not have been included (which is my responsibility to make that decision) be sent to you. Should this happen, I will edit said image(s) & deliver them to you via e mail (if there are under 10 images) or via a separate online gallery (for 10+).
V. Damaged Equipment: If something were to happen to The Photographer’s equipment, The Client(s) take full responsibility of reimbursing for cost of damaged item(s). My equipment is very expensive and essential to my livelihood. If someone at your session is to blame, it remains your responsibility to cover damage costs. I am of course obligated to provide sufficient evidence that it was in fact due to an occurrence at your session and within 72 hours of the session date. If I contact you within the 72 hours and you don’t receive or reply, you are still liable.
VI. Limit of Liability: If I (the photographer) become too ill or injured and cannot fulfill the photography services specified above, I will request to reschedule for a later date.
a. There is the unlikely possibility that images may be lost, stolen or destroyed for reasons in or beyond our control. If this situation occurs, I (the photographer) I am not obligated to give a refund but will take it under my own discretion whether or not to do so. Please keep in mind that I am human, and I have taken all the steps within reach to make sure neither of these situations happen but again neither are within my control.
VII. My Safety: I (the photographer) reserve the right to leave your session at any time if I feel my safety is compromised. I will not be held responsible for refunding any payments.
We have understood the contents of this contract and agree to the terms therein.
