Photography Portrait Session Contract

PHOTOGRAPHY PORTRAIT SESSION CONTRACT

This Photography Portrait Session Contract (the "Agreement") is entered into as of Date: by and between Photographer Name: whose principal place of business is located at , and Client Name: of .

RECITALS

WHEREAS, Photographer is engaged in the business of providing professional portrait photography services and possesses the necessary skill, equipment and personnel to perform portrait sessions; and

WHEREAS, Client desires to retain Photographer to perform a portrait session under the terms and conditions set forth in this Agreement and Photographer is willing to provide such services in accordance with this Agreement.

WHEREAS, the parties desire to set forth their understanding regarding the scope of services, payment, use of images, and related terms.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. SERVICES

1.1 Scope. Photographer shall provide portrait photography services (the "Services") consisting of a portrait session at the agreed location and time, capture of digital images, basic editing as described in Section 4, and delivery of final images as set forth in this Agreement. Session Date: , Session Time: , Location: .

2. FEES, DEPOSIT AND PAYMENT

2.1 Fees. Client shall pay Photographer a total Session Fee of USD for the Services described herein.

2.2 Deposit. A non-refundable deposit of USD is required to secure the session date. The deposit will be applied to the Session Fee.

2.3 Balance. The remaining balance is due no later than . Late payments are subject to a finance charge of 1.5% per month on the outstanding balance or the maximum permitted by law, whichever is less.

3. CANCELLATION AND RESCHEDULING

3.1 Cancellation by Client. The deposit is non-refundable if Client cancels for any reason. If Client cancels within 14 calendar days of the session date, Client shall be responsible for fifty percent (50%) of the remaining Session Fee in addition to forfeiture of the deposit. If Photographer is able to rebook the session for the same date and time, amounts payable by Client shall be reduced by any amounts actually recovered by Photographer.

3.2 Rescheduling. Client may request one reschedule without penalty if made at least 14 calendar days prior to the session. Additional rescheduling requests may be accommodated at Photographer's discretion and may require an additional fee.

3.3 Cancellation by Photographer. If Photographer cancels the session for reasons other than force majeure, Photographer will refund all sums paid by Client and will make reasonable efforts to reschedule. Photographer's liability shall be limited to the refund of amounts paid.

4. DELIVERABLES, EDITING, AND DELIVERY

4.1 Deliverables. Photographer will deliver to Client a minimum of edited high-resolution digital images in JPEG format, delivered by electronic download or other mutually agreed method within after the session.

4.2 Editing. Editing shall include color correction, exposure adjustments and basic retouching as required to achieve standard professional portrait quality. Extensive retouching, composite work, or specialty edits are available for an additional fee and will be the subject of a separate written estimate.

4.3 Archives. Photographer retains the final unedited and edited images for archival and promotional purposes unless otherwise agreed in writing. Photographer is not obligated to retain files indefinitely beyond a reasonable archival period.

5. LICENSE, OWNERSHIP, AND USE

5.1 Copyright. Photographer retains all copyrights in and to the images delivered under this Agreement. This Agreement does not transfer copyright ownership to Client.

5.2 Client License. Upon full payment of all amounts due, Photographer grants Client a non-exclusive, non-transferable, perpetual personal use license to the delivered images for personal, non-commercial use, including prints, social media, and personal websites, provided that any digital use includes photographer credit where reasonably possible.

5.3 Commercial Use. Any commercial exploitation, sale of products using the images, or assignment of rights requires a separate written license and additional fees.

6. MODEL RELEASE

Client hereby grants Photographer and Photographer's agents, licensees and assigns the irrevocable right and permission to use, publish, reproduce, and display images of Client for promotional, marketing, portfolio, exhibition and editorial purposes in any medium now known or hereafter developed, subject to the limitations below. Client represents that Client has the authority to grant this release.

Opt-out of promotional use: Client elects to restrict Photographer's use of images for Photographer's promotional or marketing purposes (if checked, Photographer's use will be limited to images agreed in writing).

7. LIMITATION OF LIABILITY; WARRANTIES

7.1 No Warranty. Except as expressly provided in this Agreement, Photographer makes no warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.

7.2 Limitation of Liability. Photographer's liability for any claim arising from this Agreement or the Services shall be limited to direct damages not to exceed the total amount paid by Client under this Agreement. Photographer shall not be liable for consequential, incidental, exemplary or punitive damages.

8. INDEMNIFICATION

Client agrees to indemnify, defend and hold harmless Photographer, its officers, employees and agents from and against any and all claims, liabilities, losses, damages and expenses (including reasonable attorneys' fees) arising out of Client's breach of this Agreement, Client's negligence, or Client's use of the images in violation of this Agreement.

9. NOTICES

Notices under this Agreement shall be in writing and delivered by hand, nationally recognized overnight courier, or certified mail to the contact information provided above and shall be deemed given upon receipt.

10. MISCELLANEOUS

10.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state specified by Photographer's principal place of business without regard to conflict of law principles.

10.2 Entire Agreement. This Agreement, together with any attachments or addenda signed by the parties, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties.

10.3 Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, such provision shall be severed and the remaining provisions shall remain in full force and effect.

10.4 Amendments and Waiver. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. Failure to enforce any provision shall not constitute a waiver of that provision.

10.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic or facsimile signatures shall be deemed original signatures for all purposes.

ADDITIONAL DETAILS

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