Portrait session agreement form
The following contract is between the photographer and the client as detailed below:
Taylor Brodeur - referred to hereafter by photographer(s)
AGREEMENT OVERVIEW: This agreement expresses the full and complete agreement between the photographer TZB PHOTOS (hereafter referred to as TZB PHOTOS) and the client as detailed below (hereafter referred to as CLIENTS) regarding the subject matter hereof. It supersedes all prior agreements. The only way to add or change this agreement is to do so in writing, signed by all parties.
RETAINER & PAYMENT SCHEDULE: A non-refundable retainer fee equivalent to half of the total package price said CLIENTS have chosen will be required at the signing of this agreement to reserve the scheduled session date. No date will be reserved until the nonrefundable retainer fee is received. Once this form is submitted TZB PHOTOS will reach out to CLIENTS via email to discuss form of payment, as well as receiving an invoice. IIf the retainer fee is not paid within 3 full days of booking, your reserved date might be given to other potential clients. The remaining balance of the portrait fee is due on the day of the CLIENT'S portrait session, and is payable before shooting begins.All portrait fees can be paid in cash, check (made payable to Taylor Brodeur) through Paypal or Venmo. Additional fees may be applied when paying with Paypal. If final payment is not received the day of your session, the photographer will not be expected to edit or deliver images on the date said be delivered, unless other arrangements have been discussed with your photographer. If extras are added on the day of the photoshoot, payments must be paid before access is allowed to the online image gallery approximately 1-4 weeks after the scheduled event.
For photo session that are 20 miles beyond Buckhead, Georgia, the CLIENTS are responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of $0.54 per mile, and will be clearly discussed in advance notice.
COOPERATION: Unless otherwise noted, TZB PHOTOS, and it’s associates or employees will be the exclusive photographers at this portrait photography shoot. The CLIENTS agree that good faith, cooperation, and communication between them and said photographer(a) is important in obtaining good results. CLIENTS must also notify TZB PHOTOS and photographer(s) in writing if they wish to have anything photographed in a particular way. TZB PHOTOS or the photographer(s) will not be held accountable for not photographing desired portraits, if there is no written agreement, or no one to assist in identifying these particular details and photographs before, or on the day of said scheduled photography session. TBZ PHOTOS is not responsible if there is no written agreement, or if key individuals fail to appear or cooperate during the scheduled photography session, or for missed images due to details not revealed to TZB PHOTOS or beyond the photographer's) controls.
GENERAL RULES: CLIENTS agree and understand that the photographer(s) are limited by the guidelines of the location site/venue management/government rules, and CLIENTS agree to accept the results that may occur from said guidelines. Negotiation with the officials/management for moderation of guidelines is solely the CLIENTS responsibility. If CLIENTS appear under the influence of alcohol or drugs during the shoot, TZB PHOTOS has the right to cancel the shoot without issuing any refunds due to liability and health concerns arising.
CANCELLATIONS: The CLIENT understands that by entering into this agreement, TZB PHOTOS is foregoing other photographic jobs. In the event of a cancellation of the scheduled portrait session agreement by CLIENTS, the retainer fee is non-refundable. Retainers are transferable if rescheduling is necessary. However, only one reschedule is allowed. If the client fails to give a 24 hour cancellation notices, or has cancelled and rescheduled more than once, the non refundable retainer fee will be liquidated. TZB PHOTOS also has the right to charge the CLIENTS another retainer fee, of equal value or less of the original fee, due to the high probability that TZB PHOTOS will not be able to further book that date. The CLIENT shall also be responsible for payment of any materials/charges incurred up to the time of cancellation. Otherwise the retainer shall be applied towards the final total, with the remainder of charges payable in full, prior to the photo shoot.
WEATHER POLICY: In the event of the weather conditions, out of TZB PHOTOS control it is the photographer(s) discretion if weather conditions are such that the session must be cancelled. If such an event occurs, CLIENTS will be given the opportunity to reschedule, free of charge, for the next available date. If CLIENTS pursue the sessions, regardless of the photographer(s) advice, and the images are not up to the CLIENTS standards, the CLIENTS will be responsible for all charges related to scheduling an additional shoot.
TARDINESS: In the event that the CLIENTS are late to the set location, the CLIENT'S session will still be for the same scheduled ending time. Photographer(s) will wait at agreed meeting location until 15 minutes after the portrait session start time. In the event that the CLIENT does not arrive within 15 minutes of the session time and date, the non-refundable retainer will be liquified and CLIENTS will be required to purchase an additional session package for another session, date, and time.
Example: If the CLIENTS are scheduled for a one hour session, and arrive to agreed location 10 minutes late. The CLIENTS will have the remaining 50 minutes of the photographer(s) time.
RESHOOTS: In the unlikely event that the CLIENTS are completely dissatisfied with the final results, the photographer(s) will reshoot the session at no additional charge one time. Clients will receive digital images of the second portrait session only. If the CLIENTS are unsatisfied with the results of the second session, all money paid, except for the non refundable retainer fee, will be refunded and the CLIENTS will not retain any of the images. TZB PHOTOS will still have all rights to the images of the session as set forth in this agreement.
LOCATION: If the CLIENTS wish to include multiple locations in addition to the chosen package, there will be a fee of $40 per location added that was not included with original package. Photographer(s) need to be notified within 7 days in advance of locations, directions, and addresses. Notice less than 7 days will require a fee of $50 per location. Any additional travel times will incurred will be included in the total session time.
Example: If the CLIENTS purchases an hour session time, and it takes the photographer(s) 30 minutes to travel to the new location. The CLIENTS will have 30 minutes of the photographer(s) time.
SESSION TIMES: Each photography package has a set amount of session time. CLIENTS may purchase extra session time starting at $75 per hour.
LOCATION ACCESS & FEES: If the CLIENTS choose a location which charges admission, and access fee, a parking fee, or a photography fee, the CLIENT will be responsible to cover those fees associated with shooting at those locations. The CLIENT will also be responsible for organizing the access and any permits related to doing so. Upon arrival if permits, access, or anything denying access or the ability to proceed with scheduled shoot, responsibility does not fall on the photographer. One reshoot session can be scheduled, however under no circumstances will the no refundable retainer fee be refunded.
ADDITIONAL PEOPLE: Individual session are limited to one single person, while Couple sessions are limited to 2-4 people. In the event that the CLIENTS want to add additional family members or friends in the session, they will be required to pay a fee of $50 per person, as well as sign this agreement and a model release form.
CHANGING PACKAGES: The CLIENTS may change the purchased package to accommodate added family members or friends, locations, or outfits up to 7 days in advance to the scheduled photo session. However, any notices less than 7 days will result in CLIENTS not being able to change purchased package. They can purchase additional add ons up to the day of the scheduled photo session.
Example: If CLIENTS originally purchased Individual Package 1, and wants to add a family member or friend, CLIENTS may choose to purchase Couples Package 1 instead up to 7 days in advance of the scheduled session. CLIENTS will be required to pay the price difference of the packages, but the nonrefundable transfer fee will transfer from the original package, and not be paid again. However, if notice is less than 7 days, CLIENTS will have to remain with the original package chosen, and pay the extra $50 per person.
OUTFITS: Each photography session includes a specific number of outfit changes. Please keep in mind that the time taken to change is included in the time frame allowed for your photo session unless stated otherwise. No additional time will be given for outfit changes.
IMAGES & COPYRIGHTS: Photographs/images produced by TZB PHOTOS are protected by Copyright Law (all rights reserved). Upon final payment by CLIENTS, CLIENTS are allows to display resulting images for personal use. Said images may not be altered or reproduced in any manner without prior written permission of TZB PHOTOS. CLIENTS will receive access to an online digital image gallery with printing rights. When publishing the photos socially or commercially, TZB PHOTOS must be noted as the photographer. The CLIENTS must obtain written permission from TZB PHOTOS prior to the CLIENTS, their associates, friends, or relatives selling the photographs.
TZB PHOTOS does not provide any unedited images to CLIENTS as it does not represent the quality TZB PHOTOS strives for. TZB PHOTOS takes pride in their edited images, and images will not be delivered if they not meet TZB PHOTOS’s quality standards. While TZB PHOTOS editing style is complimentary, please note below what defines TZB PHOTOS’s “edited” images. TZB PHOTOS edited images include colour correction, color enhancements, exposure correction, shadow and highlight recovery, lens correction, cropping, smoothing skin, fixing blemishes, and artistic flare. TZB PHOTOS does not include retouched or photoshopped images.
EMAILS: By submitting email adresses, CLIENTS agree to receive emails from TZB PHOTOS such as, but limited to, seasonal deals, services, opportunities, and potentially more.
DIGITAL NEGATIVES, PRINTS, & COPYRIGHTS: All images and copyrights are the property of TZB PHOTOS and photographer(s). In exchange for services provided, photographer(s) retain the exclusive right to copy, edit, and distribute any and all images created under this agreement to the general public for any reason, including but not limited to - advertising, marketing, sales, print competitions, educational seminars, photographer(s) portfolios. The medium for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. TZB PHOTOS and photographer(s) retain these rights even if image files are turned over the the CLIENTS.
All photos created by TZB PHOTOS and photographer(s) are copyright protected. It is a violation of federal copyright law for CLIENTS or anyone else, to copy, scan, or allow photographs created by TZB PHOTOS and photographer(s) to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without photographer’s written permission. The CLIENTS may print (on their own) their personal photographs with their written consent of TZB PHOTOS and photographer(s) only once in possession of the digital images. The negatives/digital files remain sole property of TZB PHOTOS and photographer(s).
TZB PHOTOS and photographer(s) agree to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images from scheduled shoot:
Display and print the images
Upload, email, or electronically transfer the images or files; and,
Publish the images on personal websites or social media websites
This license will PROHIBIT the client from doing the following:
Applying for copyright registration or selling of any image or electronic files supplied by TZB PHOTOS and photographer(s)
Making ‘derivative works’ or otherwise modify, including editing and/or manipulating electronic files
These exclusive rights make it illegal to copy, scan, edit, or share photographic prints and digital media without the photographer’s permission. Violators of this federal law will be subject to civil and criminal penalties.
CLIENT’S USAGE: The CLIENTS will obtain digital images for personal use only, and shall not sell said prints or authorize any reproductions by parties other than those held by TZB PHOTOS and photographer(s). Guidelines for personal usage are contained within the print release form provided. Prints for publication - such as editorial, public relations, or advertising use, require prior written consent from TZB PHOTOS and photographer(s). A credit line with reads “TZB PHOTOS” in type no smaller than that of the related text must appear adjacent to, or within, all permitted published photographs.
SOCIAL MEDIA POLICY: The CLIENTS are free to share any photographs from the scheduled session on any social media platforms. Any photographs shared have been altered in any way except the original form provided, will be a direct conflict of this contract and must be removed immediately. Any sharing done on social media must include credit to TZB PHOTOS in the caption or a link to TZB PHOTOS website or social media as listed below/
MODEL RELEASE: The CLIENTS hereby grant to TZB PHOTOS and successors, heirs, executors, administrators, assigns, attorneys, representatives, and agents, the irrevocable and unrestricted right to use and publish photographs of the CLIENTS or in which the CLIENTS may be included, for editorial, trade, advertising, or any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. The CLIENTS hereby release TZB PHOTOS and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from, or related in any manner to TZB PHOTOS use of said images.
LIMIT OF LIABILITY: In the unlikely event that the photographer(s) are injured, become too ill, or has an emergency that prevents them from photographing the event, TZB PHOTOS will contact the CLIENTS as soon as possible to arrange another suitable time and date. TZB PHOTOS takes the utmost precaution in handling, storing, and processing the photographs/images, but cannot and does not guarantee that photographs/images of the event will not be lost, stolen, or destroyed for reasons within or beyond TZB PHOTOS’ control. CLIENTS agree that TZB PHOTOS or the photographer(s) full and completely responsible and liability is limited to the return of all payments received for the event.
EXHIBITION: The CLIENTS grant TZB PHOTOS and photographer(s) permission to display images from scheduled photography session as an example of TZB PHOTOS and photographer(s) work, and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
IMAGE STORAGE: Images will remain on file up to two months from the date of the scheduled portrait session. Images will be purged after 30 days from the date CLIENTS receive, and have access to online gallery images.
CHANGES TO THIS AGREEMENT: There might be additional charges if changes are made to this agreement. CLIENTS may increase the period of the portrait session on the scheduled date, provided that the photographer(s) are available during the requested time. Added expenses resulting from such change - including, but not limited to, additional service cost, digital capture costs, and change related fees will be added onto the final balance and will be paid in full prior to the CLIENT’S access to the online gallery of edited images from scheduled portrait session. CLIENTS may not decrease the photographer’s service on the portrait date scheduled. If the period of the photographer’s service is cut short by reason of fire, casualty, death, act of God, or any other cause beyond the control of parties involved. TZB PHOTOS and photographer(s) shall still receive the total fees outlined in this contract, and any adjusted fees as well.
COMPLETION SCHEDULE: Images from the event are expected to be edited within 1-4 weeks after the scheduled photo shoot date. Access to the online viewing gallery is expected within this time frame as well. In the event that image delivery is outside of this time, the CLIENT will be notified via email before the due date.
ENTIRE AGREEMENT: This agreement contains the entire understanding between TZB PHOTOS, said photographer(s), and said CLIENTS. 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 parties in front of one other witness who will also sign. If the parties want to waive one provision of this agreement, it does not mean that any other provisions are also waived unless stated otherwise. This constitutes an order for one portrait session with TZB PHOTOS and photographer(s).
Please read and fill out the form below carefully. Once you have submitted this agreement + book form, you will receive an email that includes a copy of this agreement, your current owing invoice + bank details. Taylor Brodeur will then confirm your booking once the non refundable retainer fee (1/2 of the total package price you have chosen) has been received. Please send a confirmation email once you have made the payment.