Richmond, Virginia event, family, birth, newborn, boudoir, headshot and portrait photographer
Photography Contract Terms
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and the client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties.
RESERVATION: A signed contract and retainer are required to reserve the specified coverage.
RETAINER: In the event of cancellation, the retainer paid is non-refundable. The client agrees to provide cancellation notice in writing and releases the Photographer from any responsibilities and liabilities.
CANCELLATION: In the event that The Client(s) cancel(s) the photographic services outlined in this contract before the session takes place, The Client(s) agree(s) to pay Erin Metcalf damages equivalent to the Reservation Deposit. Metcalf Photography agrees to refund all additional paid money, if any, (less expenditures for which receipts will be provided) to The Client(s) providing that cancellation occurs before the reschedule cut off period. For weddings canceled within 3 months of the wedding date, non-wedding event coverage canceled within a month of event date, birth coverage canceled within 1 month of the estimated due date, or portrait sessions canceled within 2 weeks of the session date, all monies paid towards a session or event coverage will be non-refundable.
PAYMENTS: The Client(s) agree(s) that a 40% reservation deposit is required at the time of contract acceptance (45% for boudoir sessions) and 100% of the remaining balance is due by the date of the session. All Fees are subject to Virginia State Sales tax.
HOUSE RULES: The Photographer is limited by the guidelines of the session site management. Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for moderation of guidelines is client’s responsibility; the Photographer will offer technical recommendations only.
COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Erin Metcalf/Metcalf Photography is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to Metcalf Photography.
ARTISTIC RIGHTS: The Photographer retains the right of discretion in selecting the photographic materials released to the client.
FILM and COPYRIGHTS: Until final payment for services is made, the photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer’s explicitly written permission. Upon final payment by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions:
-The negatives, slides, or digital copies of the images are the property of the client for personal use and for the purposes of the reproduction and sharing of photographs with friends and relatives.
-The client must obtain written permission from and compensate the Photographer prior to the client or their friends and relatives publishing or selling the photographs for profit.
FINAL IMAGE DELIVERY: After the session Erin Metcalf will provide The Client(s) access to all final images through an online gallery which will remain accessible for the time period of at least two weeks. After that time, Erin Metcalf reserves the right to take down or otherwise delete the above mentioned gallery. Any products associated with the service package detailed above will be delivered by either mail or in person, the method of which is at the discretion of Erin Metcalf.
COMPLETION SCHEDULE: The Client(s) hereby agree(s) to allow adequate time to process, edit and compile the images resulting from services referred to in this contract, which may take up to eight weeks. Design and delivery of any custom product included in the above listed service package, including but not limited to albums and/or cards, will be dependent upon the timely cooperation of the Client(s) in the creation of such products and the Client(s) hereby agrees to the cooperation necessary for the completion of such products.
EXHIBITION: Client grants the Photographer permission to display selected images as an example of the Photographer’s work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
MODEL RELEASE. The client hereby grants to the Photographer and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases the Photographer and its legal representatives and assigns from all claims and liability relating to said photographs.
LIMIT OF LIABILITY: In the unlikely event that the Photographer is injured or becomes too ill to complete the session, the Photographer will not be held liable for damages and will make every effort to reschedule the session. If the situation should occur and a suitable rescheduled date is not found, responsibility and liability is limited to the return of all payments received for the session package. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond the Photographer’s control, the Photographer’s liability is limited to the return of all payments received for the event or session. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
PHOTOGRAPHER: The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
CLIENTS USAGE: The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release. Should the Client decide to use the digital files for personal printing usage, the quality of any prints not ordered through Erin Metcalf or the Client’s associated online gallery can not be guaranteed.
SOCIAL MEDIA: The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screenshot, or capture the photographs in any other fashion. Uploading, emailing and sharing beyond the extent of the language provided herein are outlined in the print release form for digital files purchased.
SAFE WORKING ENVIRONMENT: Client agrees to undertake the best efforts to ensure that the Photographer and Photographer’s staff are treated with respect and dignity and that Photographer is provided with a safe working environment. Photographer retains the right to cancel the remainder of any photography session in the of any instances of sexual harassment, violence, threats or other similar behavior that would lead a reasonable person to feel unsafe in such environment. In the event of such cancellation client shall not be entitled to any refund.
MEALS AND BREAKS: A meal is required for every member of the Photographer’s team for coverage that lasts more than five (5) hours. A thirty (30) minute break is required for every member of the Photographer’s team for coverage that lasts more than eight (8) hours.