Espi Photography Contract
This photography agreement is between Espi Photography (hereafter “Photographer” or “the Photographer”) and the customer who agrees to these terms (hereafter “Client”).
Scope of Work
Espi Photography agrees to cover your event (hereinafter “shoot” or “the shoot”) in consideration of the payment in full of your event. Location of services: TBD in our consultation. Date: TBD in our consultation. Time: TBD in our consultation. The Photographer will cover your event based on the amount of hours mentioned in the description of the type of event you have chosen to book.
The photoshoot will include colored digital pictures, an online gallery to view and choose your favorite pictures, and a print release.
The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed, taking time to pose at the Photographer's direction, pre-shoot consultations, etc.
The Photographer is not responsible for photographs not taken as the result of the Client's failure to provide reasonable cooperation or assistance. After the event, the Photographer will perform basic post-processing or digital image editing where artistically necessary. The final photographs will be delivered no more than 30 business days (Mon–Fri) after the event.
Artistic Style Clause
On his own behalf and on behalf of the subject, the Client acknowledges that he is familiar with the Photographer's portfolio and is requesting services with knowledge of the Photographer's style; that the Photographer's work is constantly evolving; that the Photographer's services are of a unique and artistic nature; that the photos may differ from photographs taken in the past; and that in creating the photos, the Photographer shall use his personal artistic judgement to create photos consistent with his personal vision of the event, which may differ from the Client's or subject's vision. Accordingly, the Client acknowledges that the photos shall not be subject to rejection on the basis of taste or aesthetic criteria.
Gallery
The Client will receive photos via digital download with a print release for personal use unless permission is provided to use the photographs for other activities. The Client understands that when publishing photos online, the Client will not edit the photos in any way or add filters when posting to social media, as this alters the Photographer's work.
Fees and Payment
In consideration of the photography services provided, the Client agrees to pay a non-refundable retainer equal to fifty percent (50%) of the total package price. The retainer secures the event date and services and is due upon signing this agreement.
The remaining balance must be paid in full no later than the date of the scheduled photography services. If the remaining balance is not paid by the agreed date, the Photographer reserves the right to cancel this agreement, withhold services, and retain all payments previously made.
Cancellation Policy
If the Client cancels the event or photography services for any reason, the retainer fee shall remain non-refundable and will not be returned. By signing this agreement, the Client acknowledges and agrees to these terms.
Additional Products / Client Closet
The customer can purchase additional digital copies for an extra fee of $10.00 USD. The Client can buy additional products such as prints, albums, etc., for an additional fee.
If you are planning to use our Client Closet, understand that the Photographer is not responsible for any allergic reaction. There is a $10.00 USD non-refundable retainer fee.
Work Product
The Client agrees that the Photographer shall be the sole and exclusive photographer for the events specified in this contract. The Client agrees and understands that no person other than the Photographer may take pictures of any poses, lighting situations, or setups made by the Photographer.
Indemnification
1. Client agrees that the Photographer cannot guarantee certain poses or coverage quality and that Espi Photography shall in no way be held liable for compromised coverage due to interference from third parties or the environment. The Photographer shall not be responsible for photographs not taken because of the Client's failure to provide reasonable assistance or cooperation. The Photographer has the right to end the session, without refund, due to a lack of cooperation or respect.
2. If the Photographer is unable to perform the services due to any cause outside its control — such as fire, flood, casualty, an act of God, or any other reasonable cause — the Client agrees to indemnify the Photographer for any loss, damage, or liability. However, the Photographer will return in full all payments made by the Client in relation to this photoshoot.
3. Client agrees to indemnify and hold harmless the Photographer for any liability, damage, or loss related to technological failure, including cameras, hard drives, and memory cards. The Photographer will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.
4. Client understands that the Photographer agrees to retain copies of a reasonable number of photos for 30 days. After this period, the Photographer has no duty to retain copies of original files or photos. It is the Client's responsibility to purchase, store, and back up photos after the agreed-upon period. If the Client needs a copy of previously delivered digital product after 30 days, a fee of $75.00 USD must be paid.
5. Client will not hold the Photographer or the owner of the property liable for any injury that may occur during the session.
6. Client agrees that the quality of a photograph is entirely subjective. The Photographer is not required to cater to the specific aesthetic preferences of the Client.
7. Client agrees that the Photographer may perform digital retouching, including blemish removal, creative effects, teeth whitening, and other edits, and agrees to hold the Photographer harmless for any edits which may be viewed as defamatory or demeaning.
8. Photographer retains the right to omit any image. It is understood that the Photographer will not deliver every exposure taken.
Duty of Client
Client will obtain all permissions necessary for the Photographer to photograph at the Client's event location. The Photographer has no duty to obtain permission from reception centers, churches, buildings, properties, or other locations. Any failure to obtain these permissions resulting in fines to the Photographer, or which prevents the Photographer from photographing the event(s), is not the fault, liability, or responsibility of the Photographer. The Client takes responsibility for any fines and will be responsible for any liability.
Model Release
In exchange for valid consideration, Client grants the Photographer and its assigns, licensees, and sub-licensees permission to use the Client's image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses.
I hereby give the Photographer the absolute and irrevocable right and permission, with respect to the photographs 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 selected; (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 illustration, promotion, advertising, and trade. I hereby release and discharge the Photographer from all claims and demands arising from or in connection with the use of the photographs, including any claims for libel and invasion of privacy. (c) Creative sessions and/or collaborations are free of charge from the Photographer and the Client. In return, the Photographer will provide digital copies of the session to the Client for personal use.
Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release the Photographer from any claims against their person or their business.
Copyright & Penalty
The Photographer retains all copyrights to all images created during the Client's session. A print release will be given with digital files to print portraits for personal use. The print release does not allow publication of your portraits (e.g., entering contests), selling, or altering of your images without the Photographer's written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by the Photographer during the Client's session. This applies to sneak-peek images, images posted in an online proofing gallery, blog, Facebook, or hard-copy images. If the Client steals images via any method, the Client will be invoiced for the cost of each digital image stolen, at the Photographer's current price per digital file.
Note from the Photographer: I work very hard to create images that reflect you and your family while keeping in line with my artistic vision and creativity. I hope you will respect not only my hard work, but the time, money, and dedication I have put into training and equipment to capture these images for you.
Legal Fees
In the event the Photographer files suit to enforce any term or condition herein, the Photographer is entitled to expenses of litigation, including reasonable attorney fees. Any legal disputes related to this contract will be resolved according to the laws of Clark County / City of Las Vegas / State of Nevada court of law.
Note: Once you enter your personal information and click “Confirm booking,” you understand and acknowledge that you have read the contract and will enter into a contract with the Photographer. If a retainer payment is not made right after the contract has been accepted, the contract will be void within 24 hours. Thank you.