Photography Contract
For all general sessions excluding weddings, events, and business-related shoots, the balance is due prior to the shoot. If this is for a wedding, the Retainer Fee is $200 and is due at the time of booking, with the full balance due 30 days prior to the event.
This is a contract for photography services to be provided by Emily Boehm Photography and/or individuals subcontracted to do work for Emily Boehm Photography. See below for all terms and conditions.
Terms and Conditions
EXCLUSIVE PHOTOGRAPHER. The Photographer (Emily Boehm Photography) shall be the exclusive photographer retained by the Client (you) for the purpose of photographing the event. Guests, family, and friends of the Client shall be permitted to photograph as long as they do not interfere with the Photographer’s duties.
RETAINER AND PAYMENT. There is no deposit for general sessions. Before such time this order is completed, Client shall pay the balance due, or set up a payment plan. Balance shall be paid in full before the shooting event for services to be provided. If balance is not paid in full, final images shall not be released to the Client. A retainer of $200.00 is due at booking for a wedding.
CANCELLATION. All photography is subject to a $20.00 cancellation fee in addition to any retainer amount if the Client cancels within thirty (30) days of the event date. Rescheduling is permitted without a fee.
COPYRIGHT AND REPRODUCTION. The Photographer shall own the copyright in all images created and shall have the right to make reproductions. The Photographer shall only make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, social networking sites, or for display within or on the outside of the Photographer’s studio. The Client has the rights to make any reproductions and any basic changes such as cropping, or converting to black and white.
CLIENT USAGE. The Client is obtaining high-resolution prints and files for personal or business use only, and shall not sell said prints or files. If Client is obtaining a print for newspaper announcement for a wedding, editorial use, website, social media use, business promotion and marketing, or any other reasonable use, Photographer authorizes Client to reproduce the print or share the digital file in such manner. Photographer requests that if any separate newspaper or magazine publications are printing any photos, that the Client shall run a credit for the Photographer with the photograph.
FAILURE TO PERFORM. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return the deposit and any paid portions to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials or files are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. Photographs and files will be available at up to 6 weeks following the initial shoot. Online galleries are available for up to 30 days.
PHOTOGRAPHER. The Photographer may substitute another photographer to take photographs in the event of the Photographer’s illness or unexpected conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional. Depending on the agreement status between photographers, Client may receive a refund and be subject to the other photographer’s terms and payment options, which may or may not include an investment that is higher or lower in price than the Photographer’s.
INHERENT QUALITIES. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes as well as DVD, CD, Hard drive, or USB media which may deteriorate due to delamination, oxidation, and use, and Client releases Photographer from any liability for any claims whatsoever based upon the deterioration due to such inherent qualities.
EVENT FOOD SERVICE. A light meal is required for the Photographer(s) for events up to 6 hours long. For events beyond 6 hours, a full-course meal is required.
HOTEL FEE. A hotel fee of $140.00 is required if 1.) your event is further than 50 miles from Saint Joseph, Michigan, and 2.) services are required past 9:00pm.
CREATIVE LICENSE. Images are edited at the discretion of Emily Boehm Photography. Delivered galleries may not include all images shot. The Photographer reserves the right to edit and release only those images deemed creditable as professional quality and within the Photographer’s artistic standards.
IMAGE STORAGE. Emily Boehm Photography strongly recommends backing up all images to an additional format, such as an external hard drive, USB flash drive, or cloud-based service. Emily Boehm Photography is not responsible for the storage of any images after they are delivered.
MARKETING. Permission is hereby granted to Emily Boehm Photography to use any images created under this agreement for professional samples, displays, website pages, advertising, e-marketing campaigns, emails, social media, contests, and any other purpose. Taste and respect will be used with images from boudoir sessions, and Client will give permission on boudoir images to be shared publicly.
Accident waiver and release of liability:
By submitting this contract, the Client hereby assumes all of the risks of participating in any/all activities associated with this photoshoot, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. Client acknowledges that this accident waiver and release of liability form will be used by the event holders, sponsors, and organizers of the activity in which Client or Photographer may participate, and that it will govern actions and responsibilities of said activities. In consideration of this application and permitting participation in this activity, Client takes action for themselves, executors, administrators, heirs, next of kin, successors and assigns.