Photography Agreement Terms
SESSION PROOFS: Client will receive a digital proof gallery within 2 to 4 weeks of their portrait session. Photographer retains the right to edit the photographs and omit any image. I do not release or sell "RAW" or unedited images- under any circumstances. Your investment in Zarek's Photography is considered Fine Art and will be presented as so in a proof and/or final collection gallery. Every image client receives will be edited with corrections and other effects, lighting and color changes as envisioned by artist. Any further changes after proofing or receiving final images will be made with or without additional charges, depending on specific requests. My policy as a photographer is to always present my clients with a stunning first impression. The wow factor of creating something and sharing it for the first and final time over the tedious process of assigning you to review hundreds of untouched images that present no interpretation of true artwork.
Worried your not going to look good in my final choices? You will already get the feel we're on the same page when I show you my camera shots as we take them and we agree to the winning slides through my camera. This is just a small reassurance that we're on the same page and my way of sharing the excitement with you.
I am not a snap and shoot photographer, we all have cell phones to capturehundreds of everyday images. My time is carefully spent into details during and after our session to ensure you are given the best quality and artistic memories to cherish. Trusting me and my experience as your photographer to filter your unedited images into the most complimenting and beautiful collection will not only save you the time, but will give me creative control into bringing to life an image otherwise looked over- to probably one of your favorites. Please remember, you are hiring an artist.
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 deposits 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.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, the deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional deposit.
RESHOOTS: In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client is then able to select images from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.
COPYRIGHT: All images are copyrighted to and remain the property of Zarek's Photography.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Zarek's Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: I will 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. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.