2019 CLIENT SERVICE AGREEMENT
"THE FINE PRINT"
Known as "Photographer”
Goodsell Photos (Amanda Victoria “AV” Goodsell)
Seattle, WA 98144
Known as "Client"
Your Full Name
Your Contact information
Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties." Client wishes to hire Photographer to provide services relating to Client’s Portrait Session as detailed in this Agreement. Photographer has agreed to provide such services according to the terms of this Agreement.
TERMS + SERVICES
Photographer shall provide Client with the following services and/or products ("Services"): Portrait Session and digital photo files.
LOCATION AND DELIVERY OF SERVICES AND/OR PRODUCTS
Location. Photographer shall deliver Photographic Services to Client at the following location(s): On Site location that we work out mutually. The final digital files will be delivered to you digitally via a private gallery link.
Delivery of Services. Photographer will provide all Services by unless otherwise specified in this Agreement. When the provided Services are tied to the number of guests that Client expects to attend Client's session Client agrees to notify Photographer with an accurate guest count.
Capture, Delivery, Post Production & Editing. Photographer is not liable to deliver every image taken at the session. The determination of images delivered to the Client is left to the discretion of the Photographer. The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer based on her style and the available lighting.
Digital Files. Upon receipt of the digital photos, the client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files (so please plan to download and store your images accordingly). All digital image sizes are approximate and will be given to client at three hundred dpi (300 dpi), print quality format. Any images printed by the client over the provided size may lose image quality. Digital images provided in private online gallery will be in JPG format.
Completion Schedule. A sneak peek will be available within 1 days and will be sent via email. Digital processing of the entire gallery of digital images will be available no later than 2 weeks following the Event. The Client will be notified via email when the images are ready for delivery.
COST, FEES AND PAYMENT
Cost. The total cost ("Total Cost") for all Services stated in email correspondence is due in full by the Client’s session date. Client shall pay the Total Cost to Photographer as follows: The first payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensate Photographer for committing to provide the Services and turning down other potential projects/clients. Payments can be made via cash, check, or PayPal or Venmo (email@example.com). Any remaining payment is due prior to or day-of the scheduled photography session.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Photographer in accordance with this Agreement, Photographer owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Photographer and may be used in the reasonable course of Photographer’s business.
Permitted Uses of Product(s). Photographer grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Photographer with attribution each time Client uses Photographer’s property (please credit to "Goodsell Photos"). Personal use includes, but is not limited to, use within the following contexts:
In photos on Client’s personal social media pages or profiles;
or In personal creations, such as a scrapbook or personal gift;
or In personal communications, such as a family newsletter or email or holiday card.
Style. Client has spent a satisfactory amount of time reviewing Photographer’s work and has a reasonable expectation that Photographer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. Photographer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Photographer's current portfolio and Photographer will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
Every client and portrait session is different, with different tastes, budgets, and needs; Photography services are often a subjective art and Photographer has a unique vision, with an ever-evolving style and technique;
Photographer will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
Although Photographer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Photographer shall have final say regarding the aesthetic judgment and artistic quality of the Services;
Dissatisfaction with Photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
LIMIT OF LIABILITY
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Photographer.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Photographer shall refund Client a prorated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client.
CANCELLATION, RESCHEDULING, + NO-SHOWS
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Photographer to render Services due to the fault of the Client or parties related to Client, such as failure of the Portrait Session to occur or failure of one or more essential parties to the Portrait Session to show up in a timely manner, Client shall provide notice to Photographer as soon as possible via the Notice provisions detailed in this Agreement (at least 48 hours notice required).
Photographer has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Photographer to provide the Services due to the fault of Client (or parties related to Client), and Photographer will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the Portrait Session , or should it become impossible for Photographer to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Photographer is able to secure another, unrelated client for the date of this portrait session then Photographer may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to: A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism. Failure to Perform Services. In the event Photographer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will: Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and Excuse Client of any further performance and/or payment obligations in this Agreement.
Governing Law. The laws of Washington State govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent via email.
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Portrait Session and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
Have any questions, just ask! Thanks so much for reading thoroughly.