Portrait Contract

Please sign below

PHOTO SESSION CONTRACT

This agreement is between Lauren Zinn, hereinafter referred to as the “Photographer”, operating in the State of Texas, and the signers of this portrait photography agreement, hereinafter referred to as the “Client”, collectively referred to as the “Parties”, with the portrait session detailed below. The contract terms, agreement, and price list are the only binding documents between the parties.

Agreement Overview

This agreement contains the entire understanding between the Photographer and the Client. 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 the Parties. If the Parties want to waive on a provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.

Coverage: Coverage will begin at, and continue for the number of hours purchased, continuously.

The Session

1. Retainer

        a. A retainer fee of 50% of your session is required for all portrait sessions. b. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid before or on the day of the event. If final payment is not received, the Photographer will not be expected to attend said event. Additional custom orders (reprints, enlargements, albums) must be paid in full at the time of order.

2. Location Access and Fees

        a.    If the Client wants to do a session at a location that charges for access, the Client will be responsible to cover fees associated with shooting there, all parking fees, and travel fees.                                                                                     

        b.    They are also responsible for organizing the access and any permits related to doing so. 

        c.    The Photographer will charge a travel fee of .55 per mile after the first 20 miles.  

3. Late Arrivals.

        a.    Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. 

4. Change of Date or Venue

        a.    The Photographer must be notified immediately of any changes in schedule or location, at least 24-48 hours prior to the scheduled date of event. Notification of any changes can be made by phone along with written notice sent via email for documentation. If an email is sent, a confirmation of receipt must be sent back by the Photographer in writing or via email. It is the Client’s responsibility to confirm all arrangements at least 1-3 days prior to the event. In the event of change of address or contact information (time, etc.) as listed you must notify the Photographer. 

        b.    The Photographer kindly asks that the Client get in touch with the Photographer 1-3 days prior to the date of the event in order to touch base and go over last-minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times. 

5. Cancellation.

        a.    There shall be no refund of retainer after the signing of the agreement and the reservation of the photography date. If the event is cancelled within 7 days of the date, the Client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. 

        b.    Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation. 

6. Sickness

        a.    I would never want to photograph someone who wasn't feeling 100%. If the Client or family member included in the session becomes ill, please call as soon as possible to reschedule. 

        b.    Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. 

7. Failure to Perform.

        a.    The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. 

        b.    The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the Clients or other principles. 

        c.    The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to tardiness of individuals, rules, and restrictions of venue, or the rendering of decorations of the location. 

        d.    It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered.

        e. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the Photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. 

        f. The Photographer is not responsible if key individuals fail to appear or cooperate during photography

sessions or for missed images due to details not revealed to the Photographer. 

        g. Clients are responsible for all location fees, travel fees, and permits. 

8. Tardiness

        a. In the event that the Client is late to the appointment set, the Client’s session will still be scheduled for the same end time. 

        b. Please remember that I often shoot on a tight schedule. It is very important that you arrive on your scheduled time. If you know that you will be late please call or text me at (713)825-4519. 

        c. If you arrive more than 15 minutes late without a phone call, I will reserve the right to reschedule. I want your session to be as well as those scheduled after yours. 

9. Weather Policy

        a. If the Client has been contacted and advised to reschedule due to the Photographer’s concerns about weather, and the Client still proceeds with the session and it rains, limiting the time and/or photos that were able to be taken, the Client will be charged for an additional session at the Photographer’s session rate to reschedule or shoot additional photos. 

        b. Due to photography equipment, it is up to the Photographer’s discretion if bad weather persists to cancel the session, during the session. 

        c. If the Client has been contacted and advised to reschedule due to the Photographer’s concerns about weather, and the Client decides to go ahead and reschedule, the Client will not be charged to do so. The Client will then be put on first alert for the next available session time. 

10. Appearance

        a. In the event that the Client would like additional photos due to appearances out of Zinn Photography’s control (hair/makeup, etc.) in the previous session, the Client will be charged for an additional session at the Photographer’s rate to reschedule or shoot additional photos. 

        b. The Photographer or Zinn Photography is not held liable if the Client doesn’t like their make-up done by the MUA working with Lauren Zinn of Zinn Photography, the Client will be charged for an additional session at the Photographer’s rate to reschedule or shoot additional photos. 

        c. The Photographer cannot be held responsible for damage to Garments due to environmental events. Client is responsible to arrange personal assistance for garments. 

11. Cooperation

        a. Client shall assist and cooperate with Photographer in obtaining desired photographs. 

        b. Photographer shall not be held responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. 

        c. Client will be respectful to Photographer and all parties being photographed. Photographer has the right to end the session, without refund, if there is lack of cooperation or respect. 

        d. Because it can be distracting (especially to small children) and prevents the Photographer from being able to do their job effectively, other cameras are not allowed at the photo shoot. e. Also, please bring only the people who will be photographed to the session. Too many people in the studio/ location is often distracting, especially to small children. The Photographer needs your child’s focus to be on them in order to get the best images. Please do not yell/shout over or around the Photographer towards the children to get them to look at the camera. They will not look at the Photographer, instead, they will look at the one causing the commotion. All of this will only cause the Photographer to lose focus on their view of the session and the likelihood the children will not show genuine emotions.

12. Additional Family Members

        a. In the event that the Client wants to add additional family members to their shoot (i.e. children), they will be charged $10 per person to add them into the session, instead of the full amount for a family session. There will be no additional fees for pets.

         b. A standard family session includes 6 people.

 13. Photographer’s Standard Price List.

        a. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically at Zinn Photography’s discretion. 

        b. Any orders placed before any changes made by Zinn Photography are grandfathered in and will not change to the new pricing till after that order & session are completed. 

        c. New changes fall into effect for any new sessions booked after the pricing changes have been made. 

14. Indemnification

        a. The Photographer of Zinn Photography shall be held harmless for any and all injury to Client during the course of the photography session and the immediately surrounding events. 

15. Attorney’s Fees

        a. 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,

                        i. 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. 

16. Photographic Rendering

        a. While the Photographer does capture many images during the Client’s session, the Client will see only those images selected by the Photographer for previewing. 

        b. Each finished image is carefully rendered by the Photographer to ensure maximum artistry and technical perfection.

                        i. Images with eyes closed, heads turned, duplicates, etc. will not be shown and are removed from my archives permanently.

                        ii. There are times when an image needs a certain crop or a particular treatment. The Photographer will do their best to match the Client’s tastes, but the Photographer will need to have the freedom to decide how to make an image look its absolute best. 

        c. Creative License

                        i. Images are edited at the Photographer's discretion. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the Photographer's artistic standards. Photographer does not provide unedited or raw images in no circumstance. The only images that will be delivered will be the Photographer's final digitally edited images.


Proofing and Ordering

17. Coming to a Close

        a. For Portraits:

                        i. Within 1-2 weeks after the session the Photographer will post the Client’s proofs in an online gallery. The gallery will then be ready to be viewed for the selection process.

                        ii. Photographer will reach out to Client to schedule an appointment for either a sit-down face to face viewing or a virtual screen share meeting.

                        iii. Clients are advised to be prepared for the selection. Once the Client has chosen the photos, Zinn Photography will archive the gallery until another viewing appointment has been made.

        b. For Events and Special Occasions: Within 2-3 weeks after the session the Photographer will post the Client’s proofs in an online gallery. The gallery will then be ready to be viewed for the selection process.

18. Ordering

        a. During the viewing appointment, the Client is able to order their prints and/or products with Zinn Photography’s Professional Printing Labs. b. If the Client’s purchase includes a USB drive, Zinn Photography will deliver the drive to the Client with their photos already saved to the drive. c. Please allow up to 2 to 3 weeks for delivery of prints, 3 to 4 weeks for all albums and canvases. d. Zinn Photography is not held liable for any issues with accuracy and printing if not done through my professional labs.


Design Work

19. Small Changes        

        a. If the Client would like to make a request for a small change to an image, please let the Photographer know before you place your final order at the viewing appointment. The Photographer can address minor changes at no cost (fix blemishes, lighter crop, etc.) but there is a fee for more involved requests.

                        i. The Photographer will not begin design work or processing orders until a post editing design work arrangement has been signed by the Client.

                        ii. When the Photographer has completed the changes, Zinn Photography will not send an invoice to the Client until is happy with the changes.

                        iii. Zinn Photography will not deliver any digitals until full payment has been made for them. 

        b. For minor changes,

                        i. Once the Photographer has made those final changes, they will then deliver the digitals all together to the Client. Payment

20. The Non-Refundable Retainer Payment

        a. The retainer is required at the end of scheduling with the Photographer.

        b. Zinn Photography is not responsible to hold any spots or dates for Clients unless the non- refundable retainer has been made. 

21. The Remaining Balance

        a. The remaining balance is due on the day of the session unless otherwise discussed with the Zinn Photography before the day of the session.

        b. No part of any order, including sneak peeks or viewing appointments will be delivered until the balance is paid in full. 

22. What is accepted

        a. Zinn Photography does accept checks made out to Lauren Zinn. If a check bounces, then the Client is responsible to pay a $35 fee which is added to their invoice b

. Zinn Photography takes pay-pal or credit card online from an emailed invoice.

        c. The Photographer does not take credit cards in person on the day of the shoot.

23. Social Media

        a. The Client may share links to posts and Facebook albums through use of the share functions and direct links. 

        b. The Client shall not copy, download, screen capture, or scanning images from Zinn Photography’s gallery, website, blog, or from any other printed materials. This is to considered, stealing, regardless of the intent for use. 

24. Model Release

        a. The Clients grant the Photographer and its legal representatives, the irrevocable and unlimited consent to use the photographs of the Clients for editorial, competition, advertising, and any other purpose and in any manner, to alter the photographs without restriction; to copyright the images. The Clients hereby release the Photographer and its legal representatives, heirs and assigns from all liability and claims in connection with the images.

25. Copyright

        a. Title (possession) of and copyright to all products shall remain with the Photographer until Client has paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the "images") created by the Photographer and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties. 

        b. Permission is hereby granted to the Photographer to use any Images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. 

        c. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. If purchasing Hi-Resolution images on a Flash drive, or Online Gallery, Clients will be given a written release to make personal copies of images from a Flash drive, or Online Gallery. The Client understands the images given on a Flash drive cannot be used for profit or advertising and all posting of images on the Internet must be acknowledged as images by the Photographer. 

        d. Please do not crop, filter, edit, or change the work in any way, regardless of Client’s intent. If the Client needs a photo edited, please let the Photographer know and they will help them any changes that they may have.

26. Force Majeure

        a. If the Photographer or its assigns cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement.

        b. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.

27. Credits and special offers are non-transferable and are not redeemable for cash.

28. A new session cannot be scheduled until ordering is complete on a current session.

29. ALL SALES ARE FINAL.

If you have any questions, please feel free to email me at LAURENZINNPHOTOGRAPHY@GMAIL.COM or contact me on my cell at 713-825-4519.

 
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