Portrait Agreement

    PORTRAIT AGREEMENT

    This document is a contractual agreement made between:

    Amanda DeMay (referred to hereafter as “Photographer”)

    Email: [email protected]

    And

    “Client”

    AGREEMENT TERMS

    ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior 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, it does not mean that any other provision is also waived.

    SESSION FEE & IMAGES: $700, as agreed upon, for 12 business headshots.
    Each person will be photographed in 3-5 different poses.
    Each individual will receive a PDF proof ​file of the top 5-10 photos from their session to select their 1 from.
    Each individual's selection will then be fully​ edited and retouched. 
    All​ 12 selected,​ edited and retouched images will be delivered as both print files and web ready files​ with a print release for the company to use, upon full payment. 

    PAYMENTS: Accepted forms of payment include cash or check. 

    PORTRAIT SESSION: Client is guaranteed up to 15 minutes of shoot time for a headshot of one individual.  The Photographer guarantees a 90-minute window for the entire business shoot, starting at the agreed start time.  If the client is late for the session, the Photographer is not responsible to provide additional time for the shoot.

    SESSION PROOFS: Client will be able to view the session photos within approximately 2 to 3 weeks of their portrait session. Photographer guarantees a minimum of 5 images to select from the session. Photographer retains the right to edit the photographs according to her artistic vision and omit any image.  No digital files, prints or products from the session are included in the session fee.

    CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic engagements. In the event of a cancellation or postponement of the portrait session/agreement by Client, if a session fee was required, the fee paid is non-refundable. The session fee may be transferable if a date change is necessary. Forty-eight hours notice of postponements or cancellations is appreciated.

    WEATHER: Photographer has the discretion to postpone a session if the weather is not suitable for a session.  If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.

    COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the session fee is non-refundable.

    COPYRIGHT: All images are copyrighted to and remain the property of Amanda DeMay, Two Roses Photography.

    CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell or edit said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Two Roses Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.

    MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.

    EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.

    LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer 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.

    PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.

    CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the final images.

    RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish are included at no additional cost. Complex retouching includes such changes as the removal of scars or heavy blemishes can be requested at an hourly fee of $50/hour. Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone can be requested for a fee.

    PRINT/DIGITAL PACKAGES: All orders of prints or digital files must be placed during the in-person viewing session, and be paid in full at that time, unless a payment plan has been agreed upon.  Prints or digital files are ordered as packages.  A la carte pricing is only available for individual prints/digital files in addition to packages ordered. All prints/digital files include standard retouching and shipping/delivery. Prints/digital files are generally shipped or delivered two to three weeks after Client’s print order has been paid in full.

    ARCHIVE RETRIEVAL: Once the prints or digital files have been delivered to the Client, the Photographer is released from all responsibility to maintain the digital copies of all the images from the session.  In the event that the Client desires to purchase additional prints or digital files in the future, a $25 archive retrieval fee will be applied.

    PERSONAL CAMERAS: Client agrees that no personal cameras, video cameras, cellular phone cameras will be used during our session.

    SOCIAL MEDIA: Client agrees to only share or post watermarked digital images on social media or the internet.  Client agrees to not apply any retouching, conversion, or any changes to any of the digital files purchased.

    PRIVACY: Photographer will respect the privacy of Client by only using first names on social media or blogs.

    Please indicate your agreement to the terms by completing the form below, and clicking “Submit”.

    Photo Session Date
    April 24th, 2018  at 7am 
    Del Mar Beach
    Second "Make-Up" Session Date to be determined. 
    By clicking the Submit button below you hereby consent & agree that your use of a key pad, mouse, or other device to select submit within this agreement constitutes your signature, acceptance and agreement as if actually signed by you in writing and has the same force and effect as a signature affixed by hand.  All pricing is based off of the standard portrait agreement, any changes or modifications to this agreement will deem a change in all pricing/services.