808 PICTURES PHOTOGRAPHY CONTRACT
Terms & Conditions:
Your signature constitutes your understanding of the terms of this agreement.
Please review the contract in its entirety and sign at the bottom.
BOOKING PROCEDURE: Due to clients inquiring for the same dates, we require full payment at the time of booking, unless your photo session is six months away, then a security deposit is due to reserve your photo-shoot date. Deposits are based on your photography package. No photography will take place and no rights are granted until timely payment is made in full.
REFUNDS/CANCELLATIONS: In the event of breach of contract by CLIENT, the security deposit or any payments made are non-refundable. It shall be liquidated damages to 808 Pictures. The CLIENT shall also be responsible for payment for any materials that 808 Pictures incurred or purchased for the clientʻs photo-shoot such as props, clothing or equipment. Breach of contract includes; no shows, late arrivals which prevented the photo-shoot from happening, cancelled too late (an hour before the photo session) or the client did not call to cancel.
If for some reason you are unable to show up for your photo session in case of medical emergency, flight delayed or cancelled due to weather or death in the family, then we will issue you a full refund, as long as we are given enough notice and the photographer does not end up driving to the location. If there is not enough notice, only 50% is refundable, since the studio will still have to pay the photographer.
PHOTOGRAHY PACKAGES: It is understood by the Client(s) that each photography package includes a limited amount of high resolution digital photographs and not all images that were taken by 808 Pictures will be given to the Client. All photos are color corrected with exposure/ color tone adjustment by 808 Pictures. Furthermore, it is also understood by the Client(s) that the Editing Department have the rights to choose or pick the best images to give to clients that is included in their package. All images are provided to the Client(s) in.JPG format and that no RAW files will be provided.
It is also understood by the Client(s) that there are no retouching done on any of the images. There is an additional fee for any photographs that the Client(s) would like re-touching in Adobe Photoshop. The Client(s) also has the option to do a “Buyout” in which therefore purchasing all additional edited images that not included in the package.
The charges in this Contract are based on the Studio’s/Photographer’s Standard 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.
LIMIT OF LIABILITY: This agreement contains the entire understanding between 808 Pictures (The Studio/ Photographer) and the CLIENT (The undersigned). A signed contract and reservation fee are required to reserve the specified photo-shoot. It is understood this Studio/Photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract. Studio/Photographer may substitute another photographer to take the photographs in the event of Studio/Photographer’s illness. In the event of such substitution, Studio/Photographer warrants that the photographer taking the photographs shall be a competent professional photographer. If the Studio/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, or unable to find a substitute photographer, then the Photographer shall refund the full payment to the Client but shall have no further liability with respect to the Contract.
The Photographer(s) have the right to refuse to produce any image that could violate libel or copyright laws, or in the course of its production could cause or contribute to bodily injury, death, equipment damage or property damage or destruction. Additionally, The Photographer(s) cannot be responsible for the effects of the subjects' physical appearance, including body position, skin tone, facial expressions, blinking, lipstick on their teeth, hair on the face, undergarments showing or wardrobe malfunction. The Photographer(s) cannot be responsible for the effects of environmental conditions, including, but not limited to, weather conditions, temperature, existing lighting or aesthetics of the shoot location, including other people in the background, when shooting at a public location. The photographer, however will make every effort to not include other people in the background.
RAIN: We rarely experience rain in our photo sessions, but we take what mother nature gives us, as we have no control over the weather. Normally when it rains, itʻs just passing showers and we will continue with the photo shoot. Unless itʻs a storm, depending if the client or the photographer are available, then we will need to re-schedule the photo-shoot, but if the photographer came to the shoot and it starts raining, then the shoot will need to continue under umbrellas. Sometimes rain makes for great photography because of the drama and the mood of the background with dark gray skies and the rain showers. It is up to the photographer if they can move locations that they think would be a drier location, re-schedule the shoot or just do it under umbrellas, considering theyʻre okay with their gear getting wet. If all else fails and we canʻt make it work, then we can discuss the refund.
SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and 808 Pictures agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time. The Photographer(s) cannot be held responsible for images that might have shadows on the face due to poor lighting or weather conditions if the Client's late arrival prevents the photographer to take desired photographs. It is also understood and agreed by the CLIENT that no other professional photographer will be allowed to photograph or take pictures at the location while the Photographer is working unless employed by 808 Pictures.
LOCATION / SITE RULES: 808 Pictures will pick the best location for the photo-shoot, unless there is a specific location that the Client(s) would like their photo-shoot to take place or a private location they have already booked. The parties agree to cheerful cooperation and communication for the best possible result. 808 Pictures is not responsible if key individuals or family members fail to appear or cooperate during photography sessions. The photographer is limited by the guidelines of the photo-shoot location and as such, 808 Pictures or any other member of his staff will not be held liable for any accident or injuries on clients of any kind including slipping, falling or damages to clothing due to client’s negligence.
FILM and COPYRIGHTS: Photographs produced by 808 Pictures are protected by Federal Copyright Law and may not be reproduced in any manner without 808 Pictures written permission and under the following conditions: The digital images, photos and coffee table books are the property of the CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives. The Client must obtain written permission from and compensate 808 Pictures prior to the CLIENT or their friends and relatives publishing or selling the photographs for profit.
The Studio does not have the right to use digital files /or reproductions for advertising display, internet promotion or publication. Client may make unlimited prints, enlargements and post their images on social media for personal use but not for any commercial purposes without consent from 808 Pictures.
COMPLETION SCHEDULE: Digital editing takes approximately two weeks. All edited images included in the package will be sent to the Clients digitally via Dropbox or Google Drive. Client(s) agree that all images are on a .jpg format and no raw files, un-edited files or printed images will be given to or received by the Client(s). It is also understood by the Client(s) that an entire photo-shoot cannot be replicated, re-enacted or repeated for the purpose of a re-shoot and limits Studio's liability to the amount paid under this contract.
CARE OF PHOTOGRAPHIC MATERIALS: 808 Pictures recommends that Client(s) make downloads and make duplicate copies and transfer all digital files to a computer hard drive or external hard drive for safe keeping. 808 Pictures stores the Master digital photographs on a secured hard drive for a total of two months after completion and submission to Client(s). Any additional images will need to be ordered at least two weeks prior to purging and or disposing of master files. The Photographer(s) shall not be held liable for archived images lost due to acts of war or terrorism, or natural disasters. If high-resolution digital images ("Digital Negatives") are provided to The Client, The Photographer(s) shall supply the images on a high-quality archival medium. However, The Client understands that the medium upon which the Digital Negatives are recorded may fail over time. It shall be the responsibility of The Client to make backup copies of the Digital Negatives provided by The Photographer(s) to The Client.
I am over 21 years of age, have read this consent and release, or have had it read and explained to in my native language, fully understand its contents, and enter into it voluntarily and without coercion.
* Must be over 19 in AL, NE, WY, Over 21 in CO, MS, PA, PR, and over 18 in all other states and Canada.