This photography agreement is between Espi Photography (hereafter referred to as “Photographer” or “the Photographer”) and THE CUSTOMER WHO AGREES TO THESE TERMS (hereafter referred to as “Client”)
Scope of work
Espi Photography agrees to cover your event (hereinafter referred to as “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 hour 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 in addition a print release.
The Client shall assist and cooperate with Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed, taking time to pose for photographs 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 services on these photos 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 client acknowledges that he is familiar with the photographers portfolio and is requesting services with knowledge of the photographers style. That the photographers work is constantly evolving, that photographers services are of unique and artistic nature, that the photos may be different 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 vision may be different from the clients, and or the subjects vision of the event. Accordingly, 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 print release for personal use unless a 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 add filters when posting to social media as this alters the photographers work.
Fees
In consideration of the photography services provided by the Photographer, the Client agrees to make a non-refundable deposit totaling 25% (twenty-five percent) of the total price amount, any remaining balance must be paid in full on the day of the services. If the payment is not made the photographer can cancel the contract and will not provide any of the pictures taken.
When the Client cancels the event for any reason, the non-refundable deposit will not be returned to the customer who agreed 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's $10.00 USD Non-refundable deposit.
Work product
The Client agrees that the Photographer shall be the sole and exclusive photographer for the events specified in this photography services contract. The Client agrees and understands that no other person than the Photographer may take pictures of any poses, lighting situations, or setups made by the Photographer.
Indemnification
1. Client agrees that 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. Further, Photographer shall not be responsible for photographs not taken because of Client’s failure to provide reasonable assistance or cooperation. Photographer has the right to end the session, without refund, due to a lack of cooperation or respect.
2. If Photographer is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, an act of God, or any other reasonable cause, Client agrees to indemnify photographer for any loss, damage or liability. However, Photographer will return in full all payments made by Client to Photographer in relation to this photoshoot.
3. Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including cameras, hard drives, and memory cards. Photographer will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure.
4. Client understands and agrees that Photographer agrees to retain copies of a reasonable number of photos from the photoshoot for 30 days. After this period has expired the Photographer has no duty to retain copies of original files or photos from the event. It is the responsibility of Client to purchase, store, and backup photos after the agreed-upon period. If client is in need of a copy of the previous delivered digital product after 30 days a fee must be paid of $75.00 USD to get a copy of the pictures the customer purchased.
5. Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
6. Client agrees and understands that the quality of a photograph is entirely subjective.
Photographer is not required to cater to the specific aesthetic preferences of Client.
7. Client agrees and understands that Photographer may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other edits. Client agrees to hold 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 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 to operate thereon. Client understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer. Client hereby takes responsibility for any fines and will be responsible for any liability.
Model release
In exchange for valid consideration, Client grants permission to the Photographer and its assigns, licenses and Sub-licenses, permission to use 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 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.
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.
B. 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 photographer from any claims against their person or their business.
C. Copyright & Penalty
The photographer retains all copyrights to all images created during 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 (i.e. entering in 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 client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
Note from 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 that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you.
Legal fees
In the event Photographer files suit to enforce any term or condition herein, 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 the "Confirm booking" button you understand and acknowledge that you have read the contract and will enter into contract with the photographer. If a retention payment is not made right after the contract has been accepted the contract will be void within 24 hours, thank you.