PET PORTRAIT PHOTOGRAPHY AGREEMENT

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Name
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1.     Retainer and Payment.  The Client shall pay a non-refundable retainer to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties.  Payment for product orders shall be submitted to Photographer within 3 weeks of gallery delivery, whether via online proofing service or in-person viewing.  All sales are final.  Prices listed on the site DO NOT include sales tax, shipping and handling.

2.     Cancellation.  If Client requests to amend or cancel this agreement 7 or more calendar days before the session date, the retainer shall be applied a mutually agreed upon reschedule date.  If Client cancels this agreement 6 or less calendar days before the session date, the retainer shall be forfeited. If Client fails to show, the retainer shall be forfeited.

3.     Arrivals.  The Client shall arrive at least fifteen (15) minutes prior to beginning of the agreed upon session start time.  This will allow for the pet to become comfortable with the area.  If the Client does not arrive on this time schedule, fifteen (15) minutes will be deducted from the session time to allow the pet to accommodate to the location and Photographer.

 4.     Rescheduling.  In the event that the Client requests to reschedule a session, the retainer shall be applied to a rescheduled session if notice is given at least 7 days prior to the schedule event.  Reschedule must be within the same calendar year.  If the Photographer is unable to accommodate the reschedule request, the retainer shall be forfeited.

5.     Preparation. All pets shall be groomed 1-3 days prior to the session if the client considers it necessary. Requests to clean the pet in Photoshop will not be entertained. The Client shall not provide treats unless the pet has specific food allergies which have previously been discussed with the Photographer.  The Client shall relay any allergies or dietary restrictions to the Photographer at least 3 days prior to the session.

6.     Pet History.  The Client shall provide Photographer a pet behavioral history, including but not limited to biting, jumping and incidents of aggressive behavior at least one week prior to the session. Failure to provide the pet history shall result in cancellation of the session time and the retainer amount shall be refunded.

7.     Subjects.  The Client shall maintain control of all subjects, including human beings.  It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the pet’s immediate area.   The Client shall cooperate and follow the directions of the Photographer during the course of the session.  Failure to cooperate will result in termination of the session and forfeiture of retainer.

8.  Release of Liability and Publication. While Photographer will endeavor to ensure a safe and professional Photographic session, some circumstances are outside the control of the Photographer. Client agrees that the Photographer shall be held harmless for any and all injury to client or pet during the course of the photography session and the immediately surrounding events. Further, Client grants to Photographer the absolute and unconditional worldwide right without right to further payment to use, transmit, display, sell, license, and publish photographs of the Client’s pet.

 9.  Circumstances. If the Photographer is unable to perform the session due to pet’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion. The Photographer shall attempt to resolve any circumstances not to exceed fifteen (15) minutes in length.   Rescheduling shall occur within a reasonable time in the same calendar year as the original session.

10.  Vaccinations.  The Client shall provide appropriate formal documentation of all vaccinations. The pet shall have all current vaccinations at time of the session. Failure to provide documentation or have current vaccinations will result in cancellation of session and forfeiture of any payments made, including the retainer.

 11.  Accidental Waste. The Client shall make every effort to clean up after the animal for any accidental waste that occurs prior to, during and after the session. Client is responsible for bringing appropriate clean-up materials to the session.

 12.  Completion Schedule. Prints generally take about 7-10 days from time of print order to be processed and delivered to Client. Albums can take several weeks to months to design and produce. Client should place order with enough time to allow for normal delays. Photographer shall not be held responsible for delivery delays.

13.  Artistic Rights.  The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer shall provide a gallery to Client to choose from and the gallery shall include anywhere between 15-50 files.

14.  Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.  The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session.  These proofs shall be available to the Client within one week of the session. If an online proofing gallery is delivered, it shall remain open for 5 weeks from delivery.  If the Client requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee shall apply.  All print orders must be placed within 3 calendar weeks of proof gallery delivery. No prints or negatives will be released until the agreed upon amount is paid in full.  All sales are final.

15.  Copyright and Reproductions. The Photographer shall retain ownership of the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio.  If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

16.  Client’s Usage.  The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement.  The Client’s prints are for personal use only and shall not be used in any other manner, including but not limited to, submitting to contests, reproducing for commercial use or authorize any reproductions by parties other than the Photographer.  If the Photographer provides a digital file print release, the Client must act in accordance with the release.  Client shall not amend the files in anyways.  Amendments include but are not limited to cropping, reediting, and applying filters.

17.  Social Media.  The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links.  Client shall not copy, download, screen shot, or capture the photographs in any other fashion.

18.  Property Release.  For good and valuable consideration, the Client is the legal owner of, or has the right to permit the taking and use of photographs of certain property outlined herein;

 

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Client irrevocably grants the Photographer, his legal representatives, agents and assigns the full perpetual rights to take and use such photographs in advertising, trade, or for any other purpose.   The Client waives the right of inspection or approval for production of finished product or products (including but not limited to advertising copy and placement of images).  The Client releases and agrees to hold the Photographer harmless and defend Photographer, including Photographer’s legal representatives, from any liability arising from the use of the images, intentional or otherwise.

19.  Failure to Perform.  If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to returning any retainer paid.

20.  Substitute Photographer.  The Photographer reserves the right to substitute with another photographer.  The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement.  The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

21.  Photographer’s Standard Price List.  The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. No refunds or credits shall be made retroactively.

22.  Travel and Overage Fees. The Client shall pay 53.5 cents per mile after 35 miles from the Zip code of 93311

23.  Permits and Allowed Pets.   The Photographer shall be responsible for obtaining and remitting payment for any shooting licenses needed to be obtained for the session. If the Client’s pet is not allowed within the jurisdictional limits of the session location, the Photographer shall reschedule the session location and time to accommodate the Pet.

24.  Indemnification. The Photographer shall be held harmless for any and all injury to Client, Client’s pet and Client’s property during the course of the photography session and the immediately surrounding events.

26.  Miscellany. This Agreement incorporates the entire understanding of the parties.  Any modifications of this Agreement must be in writing and signed by both parties.  The laws of the State of California shall govern this Agreement.

27.  Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

28.  Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.