PORTRAIT PHOTOGRAPHY CONTRACT
TERMS AND CONDITIONS
This is the entire Contract between Victoria Heer / Victoria Heer Photography (The Photographer), and The Client supersedes all previous Contracts. It cannot be altered without written consent of both Photographer and the Client. By executing the Contract, the Client and the Photographer agree to uphold the entirety of the terms and conditions, stipulations, rights, permissions, liabilities, and agreements outlined in the Portrait Photography Contract.
Reservation & Non-Refundable Retainer
Portrait Session Date Reservation
By submitting the Session Info form and full session payment online, the Photographer will reserve the date chosen by the Client and will not make another reservation on that date. For this reason, all retainers are non-refundable, even if the date is changed, if the date is cancelled, or if the Client cancels this Contract.
By submitting an online payment and checking the "I Agree" box on the Session Info form, the Client understands that the Retainer is Non-Refundable.
An additional 6.00% of the price is collected as sales tax.
Description of Services
A Portrait Session includes:
- Session Time (session length outlined in description of item)
- Online Gallery of Final High-Res Images (number of images outlined in description of item)
No other services apart from those outlined above will be provided to the Client by the Photographer. Products (albums, prints, goods, etc) are available at an additional a la carte charge and ordered separately from this contract.
Alteration or Termination of Portrait Photography Contract
Termination by Client
If the Client must cancel their Portrait Photography Contract, the Client will forfeit their non-refundable retainer. The Client MUST sign a Termination of Services Agreement before their photography services are terminated. It is the Client's responsibility to contact Victoria Heer for the Termination of Services Agreement. In the event of termination by the Client, the Photographer shall retain the Client's non-refundable retainer as liquidated damages, this agreement shall be cancelled, and both parties shall be relieved from further obligation and liability.
Termination by Photographer
Victoria Heer reserves the right to terminate services to the Client if the Client is not upholding the Contract, fails to pay the remaining balance, is harassing or rude to Victoria Heer, etc. Due to the personal nature of portrait photography, Victoria would rather avoid any uncomfortable situations on the day if the Client isn't cooperating with terms leading up to the session. Victoria can prompt to cancel terms with the Client by sending a Termination of Services Agreement to the Client. If Victoria chooses to cancel the Portrait Photography Contract at any time, the 50% of the Client's non-refundable retainer amount will be returned to the Client along with a refund of any additional payments as per the Termination of Services Agreement. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. After signing a Termination of Services Agreement, this Portrait Photography Contract shall be cancelled, and both parties shall be relieved from further obligation and liability.
Action Causing Agreement to be Void
In the event that the agreement has become void due to the Client's action as detailed in this agreement under the DATE CHANGE and LOCATION CHANGE provisions, the Photographer shall be relieved from further obligation and liability and shall retain the Client's retainer as liquidated damages.
Session Date Change
No changes may be made to the Session Date purchased by The Client. All sessions will take place rain or shine. Any cancellations made by the Client will result in forfeiture of the non-refundable retainer.
A change of location to outside the area made in purchase of the session is not permitted. Any cancellations made by the Client will result in forfeiture of the non-refundable retainer. (ie. The Client may not change their session location from New York City to New Jersey).
If the Client is an active duty service member and must cancel their session or change their session date due to deployment or other job obligations, the Photographer will do her best to reschedule the Client to another available date. If her schedule does not allow for such a change, the Photographer will find a suitable professional substitute photographer to fulfill the duties of this Contract, and the Client will be subject to the terms of the "Substitution" section of this Contract regarding that photographer. Or, the Client and the Photographer can agree to cancel the Contract completely, sign a Termination of Services Agreement, and the Client will receive a refund of their retainer.
In the unlikely event that the Photographer cannot complete the responsibilities governed by the Portrait Photography Contract due to illness, death, fire, Act of God, or other event beyond control, which precludes the Photographer from performing the duties of coverage, the following shall occur: the Photographer will arrange for (1) a substitute photographer (or photographers) of high qualification, and/or (2) an adjustment to either the fee amount or the contents of the the Client's collection. If the Client does not accept the Photographer's substitution offer, the Client may elect instead to terminate the Contract by following the Termination by Client protocol. If the Photographer is unable to make arrangements as specified in this provision due to death, serious illness, or insufficient time to make a substitution, the Photographer’s liability shall be limited to a refund of all payments made by the Client, including a full refund of the retainer. Provided that the Photographer complies with this provision, the Photographer shall have no further liability to the Client with respect to this Contract.
Limitations & Liability
Limitation of Liability
Victoria Heer Photography represents that reasonable care is taken with respect to capturing, developing, processing, storing and delivery of the Client's images. However, in the event that the Photographer fails to comply with the obligations of this Contract, for any reason, including but not limited to events outside of the Photographer’s control or the Photographer's own negligence, Victoria Heer Photography’s liability shall be limited to a refund of all payments made by the Client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that the Client's requested or that were discussed in a planning meeting, such omissions shall not void this Contract nor be a breach of this Contract and will not cause any compensation to be made to the Client, and the Photographer shall not be liable for the same.
Victoria Heer Photography makes no guarantee in regard to the quality of the images because they are subjective and may be influenced by many factors beyond the control of the photographer (ie. weather, light, camera malfunction, etcetera).
Equipment Damage or Theft
Victoria Heer Photography takes reasonable care of her equipment and backup equipment. If for any reason the Photographer's equipment is accidentally damaged in any way during the session, the Photographer reserves the right to reschedule the session and will not charge the Client a rescheduling fee. If the Client damages or steals the equipment belonging to the Photographer, it may result in early departure of the Photographer. The Client understands that in such event that the Photographer cannot comply with the obligations of this Contract due to equipment damage or theft resulting from an action of the Client, the Client will not receive a refund of any payments made, the Client will be responsible for the costs of any repair or replacement of the Photographer's equipment, and the Photographer shall be relieved from liability for failing to capture images due to the theft or damage of equipment.
Client hereby agrees to indemnify, release, discharge and hold harmless Victoria Heer Photography, its heirs, legal representatives, assigns, employees or any persons or corporations acting under permission or authority of Victoria Heer Photography from and against any liability or claims arising as a result of any work done related to this Contract. This includes, but is not limited to claims related to the use of the likenesses of anyone captured in the images or any distortion, blurring or alteration that may occur or be produced in the taking, processing or reproduction of the photographs.
Any inappropriate treatment or harassment of Victoria Heer or her assistant(s) or her equipment by the Client or their session attendees may result in termination of services. Victoria Heer will notify the Client if any activities are threatening termination.
Location Access, Fees, & Permits
If the Client wants to shoot at a location that charges for access or requires permits, the Client shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. The Client shall also be responsible for organizing access to the location and any permits required for doing so.
Culling and Editing
The Client acknowledges that the Photographer retains complete control over the culling and editing process. The Client will not have a say in editing style or which photos are culled and which photos are kept. The Photographer is not liable to show the Client any unedited, unfinished, or culled photos.
Limitations on Light
Victoria Heer Photography is primarily a natural light photographer. The Client acknowledges that in the event that any part of the session occurs at a time or in a location where there is an absence of natural light, the Photographer will have to use artificial light sources and the images will look different than the natural light images the Client has seen in the Photographer's portfolio. Accordingly, the Client acknowledges that the images shall not be subject to rejection on the basis of taste, aesthetic criteria, or personal appearance.
Victoria Heer Photography will not be responsible for any consequences of timing, light, quality of photos, missed opportunities, etcetera if the Client does not arrive on time for their session. The Client understands that if they are late, their session will be cut short, and scheduled photography time or outfit changes will be condensed or lost entirely. The Client agrees to communicate with the Photographer as soon as they know they are going to be tardy.
Artistic Nature of Services
The Client understands that they are hiring Victoria Heer based on her technical and artistic expertise and style. The Client acknowledges the photography for their event will be under the sole artistic discretion of Victoria Heer.
After the session, each image is put through a careful selection process, where the Photographer selects images that meet her high standards of quality. Images with eyes closed, unflattering poses, and duplicate images are removed permanently immediately after the Photographer completes this culling process. The Photographer does not guarantee a minimum number of images in the Client's final portfolio, however average Portrait Sessions yield an average of 150 final image files. Under no circumstance will the Photographer release RAW images to the Client.
Image Editing & Retouching
The Photographer color edits and does minimal clean-up on all delivered images, which means removal of any mark that will not be present in two weeks (ie. acne, stray hairs) or distracting objects in the frame. The Photographer also retains complete control over which images are delivered in color and which images are delivered in black and white.
Any additional Client-requested retouching, including but not limited to, removal of scars or birthmarks, removal of persons or things, body shaping, head swaps, color grading, switching a photo from color to black & white or vice versa, etcetera, shall be charged an editing fee of $20.00 USD per image per round of revisions. Extensive Photoshop work will be invoiced to the client at $75.00 USD per hour.
Manipulation of Images by The Photographer
The Photographer reserves all rights to alter images from their final versions in ANY way including altering crop, editing, color, size, graphic or typeface additions, etcetera without prior consent, as she is sole owner of the images. (See "Ownership of Copyright" and "Manipulation of Final Images by The Client" sections below).
It takes the Photographer between one (1) to fifteen (15) business days to process and edit images. There are circumstances where delivery of the final Gallery may take longer than 15 business days to deliver, and the Photographer agrees to inform the Client if there will be a delay in processing. (See "Obligation of Delivery").
Obligation of Delivery
The Photographer WILL NOT grant the Client permission to view or use images before the Photographer processes ALL IMAGES and uploads them to the Client's Gallery. This means the Client is not to ask the Photographer when their photos will be done, or request a rush edit or files of certain images for any reason before fifteen (15) business days after their session date. The Photographer is only obligated to deliver photos she deems are of the very best quality, and may need to extend processing time to deliver the very best product.
Delivery of Online Gallery
The Client will be provided with a password-protected online gallery, hosted by Pixieset, which serves as a virtual USB to the Client's digital jpg files. The online gallery easily allows downloading, sharing, printing, and favoriting of final images. Only those with the link and password will have access to the Gallery. It is the Client's responsibility to distribute the link and password to their family and friends. The gallery will expire 3 months from the delivery date. It is the Client's responsibility to Download and Store the digital files before their gallery expires (see below).
The Client may only order standard size prints or canvases through the Online Gallery to ensure print quality. Please contact Victoria for a full print price list. Enlargements greater than 11x14 should be requested through Victoria so the proper file size is used. The Photographer will not give a print release or permission to the Client to print at a 3rd party lab (such as Target, Wal Mart, or Costco). Victoria Heer Photography offers an Unbound Album A la Carte if the Client would like their entire session printed in 4x6 for a slide-in family album, and discounts for large print orders.
Download and Storage of Digital Images
The Client acknowledges that they will download the images in high-resolution from Pixieset onto their computer by downloading the entire gallery by using the provided PIN number as many times as necessary. (Instructions will be provided to the Client on how to use their gallery). Please do not screen capture the images from the Pixieset platform. Download the image in full resolution. The Photographer is not responsible for user error in downloading and saving final images. The Photographer highly recommends that the Client backs up their digital images to several locations for security. The Photographer will hold a copy of the Client's files on her personal hard drive, and if by any reason the Client loses their images, they may contact the Photographer for a copy of their images on a USB drive at an additional cost. By no means is the Photographer liable to replace the Client's photos as her hard drive may suffer corruption and the files may no longer be in her possession at that time. It is highly recommended that the Client maintains several copies of the digital files in case of loss or damage.
Rights & Permissions
Ownership of Copyright
The photographs produced by Victoria Heer Photography / the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer's written consent. The Photographer is the sole owner of all copyrights for any and all images produced in connection with this Contract, including the right to reproduce, digitally edit and manipulate, and publicly display such images, for any personal or commercial purpose in regards to advertising the services of the Photographer without compensation to the Client. As author of all images made hereunder and as provided by law, the Photographer shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by the Client, without written consent of the Photographer, the Client will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate.
The above Copyright provision is subject to the following sections of this Contract, outlined below:
Allowable Usage of Likeness and Images
While the Photographer is sole owner of the images and rights to the images themselves, the Photographer and the Client both have reasonable needs to access, use, print, and publish the final product.
For this reason, BOTH the Photographer AND the Client are allowed to publicly display the Photographer's images of the Client's likeness created during the session in a TASTEFUL and PROFESSIONAL manner for purposes of showcasing, promoting, or advertising his or her professional portfolio, services, or respective business or career.
**If the Client is not comfortable with the Photographer using their likeness in a public OR a private forum, the Client's SHOULD NOT continue with Execution of this Contract.**
Images MAY be used by either party via any of the following mediums without prior consent. The Photographer also reserves the right to publish images to any of these locations BEFORE the Client has seen any or all of the images (ie. sneak peeks, blogs, web previews, social media posts, etcetera):
- social media platforms (ie. instagram, facebook, twitter, pinterest)
- business or personal website
- business or personal blog
- personal prints for family, friends, or home use
- portfolios: print or online (Photographer ONLY)
- print collateral (Photographer ONLY)
- advertisements (Photographer ONLY)
Written permission to use images for any reason besides those listed in the "Allowable Usage of Likeness and Images" section, is absolutely required by both parties.
Submission of Images For Publication
If Victoria Heer Photography intends on submitting the Client's session to a blog or magazine for publication, the Photographer shall notify the Client of the intent to publish prior to delivering any images. In the event that the publication requires complete exclusivity, the Client shall not post images online until such feature is published without the express written consent of the Photographer. The Client agrees to cooperate with the Photographer and submit any information requested of them within one (1) week to supplement the submission of their session images, including but not limited to a publication questionnaire and vendor lists.
Sale of Likeness or Images
Victoria Heer Photography WILL NOT sell the Client's image for any commercial advertisement or monetary gain outside of the purposes listed in "Allowable Usage of Likeness and Images" for her own photography business without written consent of the Client (ie. using the Client's likeness for an advertisement or campaign for another company, website, blog, etcetera). In turn, the Client WILL NOT sell or commercially publish any images taken by Victoria Heer Photography outside of the purposes listed in "Allowable Usage of Likeness and Images" without written consent of the Photographer, especially for monetary gain -- this would be a direct breach of Copyright Law by the Client.
It is understood that any and all images, whether proofs, digital files, final prints or sample prints, and all rights to them remain the property of the Photographer. It is MANDATORY that any image posted online or in print be given credit to Victoria Heer Photography.
Proper photo credit includes the use of at least ONE (1) of the following:
- Write "Photo by Victoria Heer Photography” below or beside the photo in a caption.
- Place a link in the caption to website "www.victoriaheer.com” in caption or comments of a post
- Tag “Victoria Heer Photography” on Facebook by typing "@Victoria Heer Photography"
- Tag "@victoriaheerphotography" on Instagram in caption/comments
- Make a clear credit to "Victoria Heer Photography" on your website, blog, or posting
Privacy of Client
Victoria Heer Photography is committed to respecting the privacy of the Client, and any photos used in promotion of Victoria Heer Photography will be displayed tastefully and professionally. If the Client ever feels a photo of them has been used in a distasteful or disrespectful manner, the Client agrees to inform the Photographer immediately and the Photographer agrees to work out an amicable compromise. The Client waives the right to claim invasion of privacy due to any use or reproduction of photos taken of them by Victoria Heer Photography.
The Photographer is extremely understanding and willing to work with the Client if they have any issues with a particular image being used on social media, the Photographer's website, print media, etcetera. It is the sole responsibility of the Client to contact the Photographer IMMEDIATELY and KINDLY if the Photographer is using an image they deem isn't flattering, too private, etcetera. The Photographer desires to only promote images of the finest quality and best representation of the Client, as well as respect the privacy of the Client ... so honestly, if you don't like the picture, tell me and we'll work it out.
Manipulation of Final Images by The Client
The Client is strictly prohibited from personally altering or having another party alter their images provided to them by the Photographer. The final file images delivered to the Client must remain in the same form as received. Alteration of any final image by the Client or another instructed party is a blatant violation of copyright and punishable by law.
The following alterations are prohibited:
- adding filters (including turning the image black and white or adding a filter in Instagram, etcetera)
- color correction
- photoshopping items in or out of photo
- covering the photo with graphics or text without permission
Either party may take legal action if: images or likenesses are used in a demeaning or improper manner, damaging reputations of EITHER the Photographer or the Client; either party sells for monetary compensation any image(s) to anyone or any organization without written permission; either party fails to achieve or ask for written permission for use of images outside of those outlined in "Allowed Usage of Likeness and Images;" there is an obvious violation of copyright, privacy, credit, and/or image manipulation provisions by either party.
By checking "I Agree", I hereby release, acquit, indemnify, hold harmless and discharge the Photographer, her heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of my images. If any suit is brought challenging the enforceability of this Contract, I agree to indemnify Victoria Heer Photography / the Photographer or her assigns for attorney fees and expenses.
Attitude and Cooperation
It is highly recommended that the Client get a full night's sleep the day before their session to be ready and enthusiastic on the day, look their best in photos, and to be the truest versions of themselves. Victoria Heer will not tolerate bad moods, "bridezillas," tardiness, or lack of organization / preparation. The Client agrees to cheerful cooperation and communication leading up to and on the session.
The Client shall remain a client of Victoria Heer Photography for six full months after receiving the images. After this time, Victoria Heer Photography is no longer responsible for the image files, producing any product associated with the session, or future requests of any kind. This Portrait Photography Contract will become null and void 6 months following the session date.
Contact of Photographer
The Photographer is open to amicable communication during her office hours Monday - Friday 8:00am to 5:00pm EST (Eastern Standard Time) through the following methods ONLY:
- Phone Call: 703-946-7328
- E-mail: firstname.lastname@example.org
- This HoneyBook Account: comments on files, the feed
- Written Correspondence: 20748 Snowpine Place, Ashburn, VA 20147
Victoria Heer will NOT respond to any text messages received from the Client for any reason other than:
- Coordination on session date
- Submitting photos of outfits for review
Any urgent or emergent issues must be communicated via Phone Call ONLY. The Client MUST leave a Voicemail with a detailed description if The Photographer is to return the call within 24 hours.
The Client agrees to tag only "Victoria Heer Photography" on Facebook, and not "Tori Heer," the Photographer's private Facebook account. The Client understands that the private life of Victoria Heer is separate from her business life, and that after business hours, Victoria Heer enjoys her private life and time as she sees fit.
By purchasing their portrait session online at www.victoriaheer.com/2017-portrait-sessions, the Client is digitally signing this Contract. By agreeing to this document, the Client agrees to uphold the stipulations of the above Portrait Photography Contract pertaining to their photography services, products, and fees handled by Victoria Heer Photography. In return, Victoria Heer of Victoria Heer Photography agrees to fulfilling her duties and act in the manner outlined above pertaining to the services commissioned by the Client.