This document is a contractual agreement made between: Roberta da Costa (referred to hereafter as “Photographer”) and Client.
AGREEMENT TERMS
PORTRAIT SESSION: Client is guaranteed up to 60 minutes (Portrait Session) and/or 30 minutes (Mini Portrait Session) of shoot time per session. Photographer is not responsible if client and/or key individuals fail to appear or cooperate during portrait sessions.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the amounts paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours notice of postponements or cancellations is appreciated.
WEATHER: 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. There will be a 30 day limitation on reschedules due to weather. Photographer will offer a minimum of 2 other dates within 30 days. After 30 days, the deposit is forfeited.
If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside
its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the
photographer’s control or expectation, client agrees to indemnify photographer for any loss damage or
liability; however, PHOTOGRAPHER will return all in full all payments made by CLIENT to
PHOTOGRAPHER in relation to this SHOOT if photographer is unable to provide a substitute
photographer.
1 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss
related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure.
PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to
technical failure.
2 - CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a
reasonable number of photos from the Session for 60 days after the Portrait Session. After this period has
expired, PHOTOGRAPHER has no duty to retain copies or originals of files or photos from the event. It is
the responsibility of CLIENT to purchase, store, and backup photos after the 60-day period. This clause is subject to the limitations.
3 – CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other
gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or
loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold
PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works
with PHOTOGRAPHER.
4– CLIENT agrees and understands that the quality of a photograph is entirely subjective. PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic
preferences of CLIENT.
5 – CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of photos,
including blemish removal, creative effects, teeth whitening, and other digital image edits. CLIENT
agrees to hold PHOTOGRAPHER harmless for any edits which may be viewed as defamatory or demeaning.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions. If the photo session must be rescheduled due to client’s cooperation where the photographer has traveled to reach the destination, additional travel fees will apply.
COPYRIGHT: All images are copyrighted to and remain the property of Roberta Oak Photography.
MODEL RELEASE: I hereby give to Roberta Oak Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
CLIENT’S USAGE: Client is obtaining digital files and a print release. Client understands that Photographer is not responsible for color and print quality for prints obtained through vendors outside of Roberta Oak Photography. Images obtained through Roberta Oak Photography are for personal use only. Client shall not sell said images or authorize any reproductions by parties other than Photographer. Images for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Roberta Oak Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
Images received from Roberta Oak Photography may not be altered from their original version in any way. This includes but is not limited to: turning color images to black and white, adding text, cropping, or color accenting. Photographs are hand edited to Photographer's standards and reflect on the artist. Unedited images will not be given to the client or third party under any circumstance.
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. Photographer is happy to assist with styling guidelines and with personal suggestions regarding outfit selections. Client understands Photographer assumes no liability in final clothing and outfit selections. Additionally, no reshoots will be offered due to outfits.
PORTRAIT FEES: A deposit of $50 is due at the time of booking. The balance of the portrait fee is due on the day of Client’s portrait session, and is payable before shooting begins. Clients must bring the session fee, payable by check, cash, paypal or venmo to the session.
RETOUCHING, CONVERSIONS AND DIGITAL FILES:
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.
This constitutes an order for one Portrait Session with Roberta da Costa.
