This agreement is between Kati Dimoff, hereinafter referred to as the "Photographer", operating in the State of Oregon, and the signers of this portrait photography agreement, hereinafter referred to as the "Clients", collectively referred to as the "Parties", with the photography session detailed below. The contract terms, agreement, and price are the only legally binding documents between the Parties.
AGREEMENT OVERVIEW : This agreement contains the entire understanding between the 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. If the Parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
RETAINER : A retainer fee of $475 is required for this session. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until a retainer is received. The retainer shall be applied towards the total cost of the service to be rendered. The balance of the complete package price must be paid on or before the day of the event.
CANCELLATION : There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If the event is cancelled within one week of the date, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform the Photographer of the cancellation.
FAILURE TO PERFORM : The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or location restrictions. The Photographer is not responsible for lost photo opportunities due to the lateness of the clients or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to lateness of individuals, or rules and restrictions of venue. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do its best to fulfill all requests but can make no guarantees all images will be delivered. Clients are responsible for all location fees and permits.
COPYRIGHT : Title (possession) of all images and products shall remain with the Photographer until all fees are paid in full. All photos are copyrighted. The negatives and or digital images (hereinafter collectively the “images”) created by the Photographer remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without the written permission of the Photographer. Violators of this federal law will be subject to its civil and criminal penalties.
Permission is herby granted to the Photographer to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose.
The Photographer retains the copyright to all images produced by the Photographer. If purchasing high-resolution images, Clients will be given a written release to make personal copies. The client understands the images given cannot be used for profit or advertising (without additional signed agreements regarding licensing terms and the payment of additional licensing fees) and all posting of images on the internet must be acknowledged as images by the Photographer (for example, if posting on Facebook and/or Instagram, Client agrees to tag the Photographer's business page in each image - @kdimoffphotography).
EXPENSES : Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due after the event. Travel fees are pre-determined and will be set out in the initial payment total. Clients are responsible for all location fees and permits.
CREATIVE LICENSE : Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
Client agrees they are hiring the Photographer for the Photographer's artistic vision and accepts decisions in regards to depth of field, exposure, focus, color correction, tilt, or any other subjective aspect of the work created. Accordingly, Client acknowledges that the photos will not be subject to rejection or unreasonable edits on the basis of taste or aesthetic criteria.
FORCE MAJEURE : If the Photographer cannot perform this Agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, then the Photographer shall return any moneys paid by the Client, less retainer fee and expenses, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash/SD card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. 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.
RETURNED CHECKS : Returned checks are subject to a $50.00 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by the Photographer in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
PACKAGE : Session time (approximately 2 hours on location) + your choice of 40 high-resolution files from a gallery of 75 expertly-edited images. Your gallery will be available 2-4 weeks after your session date and will be online for one year.
COST OF SESSION : Total Package Cost $950 ($475 Retainer due at booking to hold your chosen date + $475 Final Balance due on or before the date of the event)
OPTIONAL : $450 to download the rest of your files (due before the additional 35 images will be released for download. You can request this option at any time during the year that your gallery is online.)