Photography Agreement

This Photography Agreement (“Agreement”) is entered into with and between 802 Enterprises LLC, with a primary address of 3225 McLeod Dr, Suite 100, Las Vegas, NV 89121 (“Photographer”), and  (“Client”), each a “Party” and collectively the “Parties.”

Definitions

The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to 802 Enterprises, LLC and all agents, employees, or other representatives.

The terms “you” and “your” refer to and all agents, employees, or other representatives.

The term “including” means “including, but not limited to.”

The term “session”, “event”, and “photography session” refers to a hired photographic session to take custom photographs to be photographed

The terms “agreement” and “contract” refer to this duly executed contractual obligation between parties.

The terms “session location” and location refer to a location in which the session occurs

Booking and Payment

The Photographer's total fees for this session is  (“session price”), that must be paid on signing to execute the Agreement. The listed date will not be reserved until this Agreement is fully executed. Upon payment, the Photographer will reserve the time and date agreed upon by both Parties. The Client agrees that this non-refundable payment is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. 

No products will be delivered until the entire amount is paid in full. Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer in the event enforcement of this Agreement becomes necessary. 

Cancelation

If the Client requests to amend or cancel this Contract seven (7) or more calendar days before the agreed upon photographic event date, the initial nonrefundable payment will be applied to a mutually agreed upon reschedule date. If the Client fails to show or cancels six (6) or less calendar days before the agreed upon photographic event date, the initial non-refundable payment will be forfeited.

 

Rescheduling / Late Arrivals

If Client requests to reschedule a photographic session, Photographer may apply the initial payment to a rescheduled session if notice is given at least 7 days prior to the scheduled session, subject to the provisions of Paragraph 2. The rescheduled session must take place within 1 calendar months. Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session. Photographer will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client. 

In the event that the weather conditions are not desirable for the shoot based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived, or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer’s discretion.  

Location and Travel

The photographic session will occur at the session location unless otherwise agreed upon. If 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, and other expenditures directly required for fulfillment of this Agreement. 

Styling

The Client shall retain full responsibility for styling choices, including but not limited to wardrobe, makeup, and hairstyle. Photographer discussion and comments shall only be construed as professional recommendations for consideration and not be deemed final choice. All styling choices made by Client are final and no reshoots shall be available due to styling choices. 

Use of Independent Contractor

In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Client agrees that Photographer will not be liable for any actions committed by the Independent Contractor, or for products provided by such Independent Contractor. Client agrees to indemnify and hold harmless Photographer for the same. Client acknowledges the need to communicate with the Independent Contractor regarding any allergies to any product provided by the Contractor and agrees to communicate with Independent Contractor regarding the provision of services by the Contractor. The Client will retain full responsibility for failing to provide feedback on any services, including hair and make-up, prior to the session. The session will not be re-photographed due to dissatisfaction in these services without prior notice. 

Photographic Materials & Artistic Rights

All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Agreement. The Client will only use the photographic prints, including digital files, in accordance with a release, which will be incorporated with this agreement.  

The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client will receive a gallery photographs based on the photographic package to select from and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.

 

Photographer's Standard Price List

The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically, and future orders will be charged at the prices in effect at the time when the order is placed.   

Products Included

Products may or may not be included with this agreement. Please refer to the services that were selected for which products will be delivered as part of this agreement.

The Photographer will make gallery proofs available through an agreed upon in-person product consultation. When the proofs are available, the Photographer and Client will agree upon an in-person consultation date for viewing. These proofs will be available for viewing by the Client within 10 days of the photographic event. All orders must be placed during the in-person consultation. No archival services are provided.

Limited Availability of Online Galleries and Backup Recommendations

The client acknowledges and agrees that access to the online gallery containing their photographs will be available for a limited time. Galleries will be accessible for 10 days after the session.

Upon the expiration of the specified timeframe, the online gallery will no longer be accessible. It is the client's responsibility to download, save, and backup the digital files within the given timeframe.

The client is strongly encouraged to promptly download and create backup copies of all digital files provided through the online gallery. The photographer shall not be held responsible for any loss or damage to digital files after the expiration of the gallery access period.

The client is responsible for choosing a secure and reliable storage medium for their digital files, such as an external hard drive, cloud storage service, or other suitable backup solutions.

In the event the client encounters difficulties in downloading or accessing digital files, the photographer agrees to provide reasonable assistance within a reasonable time frame.

Cooperation

Photographer is not responsible for behavior of parties involved with the shoot, with the exception of Photographer’s personnel. If the desired outcome of your session is jeopardized by the behaviors of parties involved, with the exception of Photographer’s personnel, Photographer cannot be held responsible. The Client will assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer will not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation. 

Photography and Videography

The Client will not engage in photography or videography during the course of the photographic session unless otherwise agreed to by the Photographer. Engaging in this behavior entitles the Photographer to end the session without refund.

Failure to Perform

If the Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client will make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer will return prorated payment equal to the individual session to the Client and will have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability will be limited to prorated cost of the individual session. In no event will Photographer be liable for any amount exceeding the cost of the Agreement. 

Substitute Photographer

The Photographer reserves the right to provide a substitute with another photographer in the event Photographer is unable to perform. 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. The original terms of this agreement will remain in effect. 

Indemnification & Liability

Client agrees to indemnify, defend, and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one (1) week from date of each session. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding.

Legal Miscellany

This Agreement incorporates the entire understanding of the parties.  Any modifications of this Agreement must be in writing and signed by both parties.  Any waiver of a breach or default hereunder will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.  

If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of TEXAS and the County of COLLIN with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State any action may be commenced, this Agreement will be deemed to have been made in such State and will be governed by and construed in accordance with the laws of such State.

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Agreement. The language in this Agreement will be interpreted as to its fair meaning and not strictly for or against any party.

Photography Release

The Client agrees and acknowledges that all images produced remain the exclusive property of the Photographer and that the grant of this limited license for personal use does not alter the ownership or control of said images. 

The Photographer grants to the Client the following limited license of these images, subject to the following restrictions: 

  • Distribution of photographic images for personal purposes via electric means. Such electronic distribution includes email to personal contacts, distribution on social networking sites, and publishing images on personal blogs.

  • Display of images in a personal residence or other non-commercial venue.

  • Reproduction of printed images for personal use of any size and quantity

Any other use or reproduction of images is strictly prohibited. Such prohibited uses include, but are not limited to:

  • Display of images in any business related (retail or otherwise) or commercial venue without prior consent from the Photographer

  • Alteration of images for display, including cropping and digital color enhancement

  • Commercial Electronic Distribution

  • Entrance into any contest or other venue which may result in financial gain

  • Sale of prints or other materials

Model Release

Client authorizes the Photographer, and/or any assignees and licensees, to use and to create images, and any reproduction of them in any form in any media whatsoever, for promotional materials, online marketing, portfolio, and other areas of marketability. Client also consents to the use of the Client’s own name or any fictitious name, which may be chosen in connection with the aforesaid photographs. 

Client acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.  Client acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction, unless outlined specifically in this Agreement.

Client acknowledges and agrees that the photographs created by the Photographer will become and remain the exclusive property of the Photographer, and that the Client retains no rights to said photographs unless specified particularly in this Release. Client waives all rights and claims and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos. 

Client gives permission for all images from the session to be used in the following ways: 

  • Printed promotional materials 

  • Printed portfolio samples

  • Online use (including but not limited to social media accounts, website and blog display)

  • Other areas of marketability by the Photographer

Client acknowledges and affirms that no pre-existing agreements of any sort exist between themselves and any other entity which may prevent or restrict Photographer from using their likeness in any manner.