@2015 by Leslie Malloy Photography

Portrait Contract

Session fee covers the time and talent of Leslie Malloy for up to five people. The session date will be reserved for the client once full payment of session fee has been received by Leslie Malloy Photography and does not include any prints, products or digital images.  Packages and à la carte options for prints, products, and digital images are available.

Terms

This is a contract for personal photography services to be provided by Leslie Malloy.   You agree to the following terms and conditions:

1. It is understood this Photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract.

2. No images, including previews, will be delivered until the balance is paid in full. If prints are ordered, once all items have been delivered to the client, the sale is final and refunds cannot be given.

3. The Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, digital files and previews remain the exclusive property of this Photographer.

4.  In the event that the client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved such as location access fees, parking, etc. Client is also responsible for arranging the location access and any permits or passes related to doing so.

5. The Client takes the responsibility of the safety of themselves and of their children before, during and after the portrait session, regardless of location. The Client agrees to hold harmless Leslie Malloy Photography in the case of an accident, injury, and other unforeseen circumstances.

6. 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 session fees paid are non-refundable. Session fees are transferable if a date change is deemed necessary by Photographer. Forty-eight hour notice of postponements or cancellations is appreciated. The Photographer also holds the right to reschedule or cancel a portrait session due to the behavior of the Client and/or Client’s children. If a cancellation takes place at the Photographer’s discretion, the session fee will be refunded to the Client.

 

7. WEATHER: If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, photographer may elect to use an alternate location or to reschedule the portrait. 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.

 

8. 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 session fee is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 50% deposit.

 

9. 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 will then receive 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.

10. If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media 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.

11. For any session location outside of a 30 mile radius of Leslie Malloy Photography, there is a nominal travel fee of $1 per mile outside the 30 mile radius.

12. Client is aware that color dyes in photographic prints may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.

13. CREATIVE LICENSE: Images are edited at the photographer’s discretion, and delivered prints will not include all images shot. The photographer reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer’s artistic standards.

14. The Photographer will notify the Client of the completion of their images and make arrangements for an in-person viewing of the Client’s gallery, where the Client will place their order and pay for any prints, products, or digital images.  Once the order is completed by the Photographer, arrangements will be made for drop-off/pick-up.

15. The charges in this Contract are based on the Photographer’s Current Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. All prices are non-negotiable.

16. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Photographer’s permission and violators of this Federal Law will be subject to its civil and criminal penalties.

17.  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 Leslie Malloy Photography in the event of enforcement of this contract becomes necessary. 

18. The client is responsible for the proofing of images before ordering any prints. All proofing and final edits must be finalized before images are purchased. Once the images have been ordered, no other changes can or will be made.

19. The client understands that each gallery will be archived for 6 months from date of the session. All primary and future orders must be placed within the 6-month time frame to ensure availability of images.  Any orders received after the 6-month time frame will have an additional $100 fee added to the cost of the order, if images are still available.

20. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.

Agreements

 

The undersigned hereby acknowledge that they have received, read, and understand Leslie Malloy Photography’s current price list, Policies, and the Terms of this contract. Only the signers of this document can discuss any problems that arise.

Permission is hereby granted to Leslie Malloy of Leslie Malloy Photography to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other legal purpose.

Leslie Malloy and Leslie Malloy Photography retain the copyright to all images produced by Leslie Malloy Photography and/or Subcontractors. Clients will be given a written release to make personal copies of images from flash drives or DVDs given to client. The client understands the images given on flash drives/DVD cannot be used for profit or advertising.

PRINT RELEASE AGREEMENT:  Leslie Malloy Photography releases all rights to printing, under the conditions that any reproduction of Leslie Malloy Photography’s word does not cause slander nor harm to Leslie Malloy Photography’s name, nor standing.  All printing rights include and are not limited to:  printing at retail centers, printing from online professional printing services, and copying from any retail photo center, posting to social networks as long as the Leslie Malloy Photography name is recognized in a clear and visible manner.  These rights are extended permanently and are always valid to the immediate family of the client.  Leslie Malloy Photography thanks you for your patience and time.  It is understood that you, my client, will respect all terms and conditions.

Please sign in understanding and agreement of all of the above,