Portrait Contract & Media Release
PORTRAIT CONTRACT + MEDIA RELEASE
Client(s), as referenced in attached form, filled out by client. The Photographer is known as Rosemary Slocum with Vision of Rose Photo.
1. Copyright. All photographs created by Rosemary Slocum are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs that Rosemary Slocum has created to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered in any way, without Rosemary Slocum's express written permission. The Client(s) agrees to purchase portrait photography prints or digital copies directly from Rosemary Slocum unless in possession of a PASS album which can be purchased separately with a print release form signed by Rosemary Slocum. If the Client(s) purchases a USB FLASH DRIVE or CD or PASS album with a signed print release form, they understand that they are not given permission to alter the images in any way, they cannot claim the images as their own works, images cannot be used for professional or promotional purposes or to make profit on the Client(s)’s behalf and any other uses Rosemary Slocum deems inappropriate. Client(s) understands that Print Release can be revoked at any time without notice from Rosemary Slocum. When images are uploaded to social media or printed platforms, proper credit is to be given to Rosemary Slocum as Vision of Rose Photography. The Client(s) agree to this by signing this contract.
*Permission regarding web images from your preview and ordering. A preview of some of your images will be shown online. You are welcome to “tag” yourself, your friends or your family in the images. Vision of Rose Photography’s copyright mark must be clearly shown on the photograph. This logo may not be cropped out of the portrait in any way. Images uploaded online may not be downloaded, printed, “screenshot”, edited, altered, printed, have a filter applied, saved and/or shared on Instagram, Twitter or any other social media and/or websites without Vision of Rose Photography uploading them personally or granting direct permission to the Client(s). By signing this contract, the Client(s) releases all rights to Rosemary Slocum with Vision of Rose Photography and understands that the images and likeness of the Client(s) (with or without true legal name of the Client(s) represented) can and will be used for media purposes, marketing purposes, sold for book covers, magazine covers, calendars, post-cards, brochures, any printed media, any online media, submitted for publication, print purposes and any other purposes not listed in which Rosemary Slocum with Vision of Rose Photography deems necessary to represent Vision of Rose Photography. The Client(s) understands that they will not receive any monetary awards should a photograph taken by Rosemary Slocum with Vision of Rose Photography win a contest and/or giveaway, printed media has been sold, online media has been sold or any other profits given to Vision of Rose Photography; and the Client(s), as of signature of this contract, revokes any rights to sue Rosemary Slocum with Vision of Rose Photography for any monetary rewards given and/or earned. Client(s) also, from this moment forward, understands that all rights regarding what happens with the images are now solely and completely up to Rosemary Slocum with Vision of Rose Photography. Photographer owns all Copyright and moral rights to ALL images taken during this portrait session and/or wedding, event or party. Photographer also retains all rights not expressed in the agreement including advertising rights. Client(s) states that they are of legal age to enter into this agreement and sign this contract and/or have a legal guardian present at this time to sign. The Client(s) agree to this by signing this contract.
*Ordering Album to Obtain Print Release: A Print Release is only obtainable once a qualified purchase has been made in the form of purchasing a PASS album. It is at Rosemary Slocum’s discretion on which method images will be delivered to the Client(s). Client(s) understands that albums are only available for purchase for up to 90 (ninety) days after the date of their scheduled portrait session. After this date, Rosemary Slocum with Vision of Rose Photography has been released of Client(s) request to hold images any further and Rosemary Slocum can remove images, deleting and destroying all traces of the images if Rosemary Slocum deems necessary to remove clutter and possible overload of her computer and hard drive storage space. Client(s) understands that after 90 (ninety) days, Rosemary Slocum is no longer responsible for holding on to the images. Once album is purchased, it is the Client(s)’s responsibility to keep track and store images and albums in a safe place, as all albums will be removed from Rosemary Slocum’s computer and/or hard drives after 90 days have passed since purchase. Rosemary Slocum with Vision of Rose Photography is NOT responsible for replacing ANY albums after 90 day period has passed. The Client(s) agree to this by signing this contract.
2. Payment for services. A non-refundable Portrait Retainer Fee of $75.00 paid online via www.visionofrosephoto.com is due at the time of booking services with Vision of Rose Photography. All remaining balances are due in full, delivered in cash during the portrait session with Vision of Rose Photo before services are rendered, unless an Installment Plan has been agreed upon between Rosemary Slocum and the Client(s), in which the Client(s) understands that ZERO (0) products and or sneak peeks will be released until FULL payment has been made. Session fees and all monies collected include all of Vision of Rose Photography's dedicated work time and talent being spent on your session-before, during, and after. This does not include any prints or products. This is solely a retainer fee and nothing more. Client(s)s understand if they need to cancel their session for any reason, the session fee will not be refunded. The remaining balance for the portrait session is due on the date of the session before any images are captured. The remaining balance can be paid in cash or money order. Additional fees such as mileage, travel, travel expenses, parking expenses, unforeseen expenses on the way to and from a portrait session, damages to Rosemary Slocum’s personal belonging and/or work equipment and studio equipment, hospitality fees, convenience fees, print and product order fees and any other fees in which occur during the duration of this contract will be billed directly to the Client(s) and outlined in the bottom portion of this contract, in which the Client(s) signs. The Client(s) agree to this by signing this contract.
2B. Payment for services is not required for contest winners, giveaways, “free” voucher redemption or donations. Limitations will apply to what is given and will be detailed to the client directly.
3. Limitation of Liability. While every reasonable effort will be made to produce and deliver the desired images of your session, Vision of Rose Photography's liability to the Client(s) for any damage or loss of images while in the possession of the photographer, arising during or after the Client(s) session, is limited to a photo re-shoot free of charge – in substitution for the choice of any legal actions. Because of the time spent before, during and after the original session – the session fee, any fees during the session and print and/or product purchase is non-refundable. The Client(s) understand that they have the opportunity to view all of their images prior to ordering any prints, PASS albums, USB FLASH DRIVEs and other products, and that this is their opportunity for determining if they are satisfied with their images or not. The photographer is not responsible for dissatisfaction of the Client(s) due to the Client(s) failing to request certain poses during the photo shoot. Rosemary Slocum is also not responsible for the Client(s)’s dissatisfaction with factors within the portraits in which they did not speak up for during the session, such as: environment, props, weather conditions, outfit choices, jewelry choices, hair styling, makeup application, portrait settings, temperature conditions, should the Client(s) start to perspire, any skin conditions which need to be touched up for a separate fee, wardrobe malfunctions and/or mishaps, and any other specific items which are not listed in which the Client(s) finds dissatisfaction without speaking up for during the portrait session. It is at the photographer’s discretion whether or not Rosemary Slocum will comply to photograph the Client(s) in requested positions, settings or outfits. Poses, positions, settings, outfits and many other conditions can and may be denied by Rosemary Slocum, should she feel as though it is not in the Client(s)’s best interest they are executed. Client(s) will be notified up front during the portrait session and agreement will be made between Rosemary Slocum and the Client(s) at the time of discussion as to whether or not the request will be fulfilled. The Client(s) agree to this by signing this contract.
4. The Client(s) agree that no other photographers, family members, friends or persons within the studio or shooting area are to use their cameras, phones or video recorders from the beginning of the portrait session until the session concludes; this includes friends and family members within the home who wish to use cameras, phones or video recorders during the portrait session. This includes taking portrait “Selfies” while working with Rosemary Slocum. The Client(s) agree to this by signing this contract.
6. Vision of Rose Photography is not liable for any damages to Vision of Rose Photography’s equipment that is caused during the portrait session that is not sole liability of Rosemary Slocum. This includes damaged equipment by poor wiring within the home or venue, equipment knocked over, toppled, stepped on or damaged in any way by person(s) within the home, venue or studio that are not Rosemary Slocum. The Client(s) will be billed accordingly for any of Rosemary Slocum’s equipment that is damaged during the portrait session as mentioned above. Client(s) will have a grace period of 90 (ninety) days to repay Rosemary Slocum for damages caused to equipment before legal action is taken against Client(s) and/or guilty parties to recover damages. Client(s) will also be responsible for paying any damages to Rosemary Slocum’s business such as missed portrait opportunities, cancelled sessions and/or weddings, events, parties in which Rosemary Slocum cannot perform her job as a Photographer. Client(s) will pay in full what Rosemary Slocum would have made during the time in which equipment was not replaced and was damaged. The Client(s) agree to this by signing this contract.
7. Vision of Rose Photography is not to be held reliable for portrait opportunities missed due to the Client(s), children, pets or acts of nature (such as weather conditions) that interfere with portrait session. The Client(s) agree to cooperate with Rosemary Slocum and understands that any poses requested by the Client(s) may be denied by the photographer with the understanding that it is the photographer’s job to capture the Client(s) in the most natural and flattering way. Rosemary Slocum will determine which poses are suitable for said Client(s) body type based on her experience with photographing Client(s)s of this type. It is up to the Client(s) to speak out during the portrait session while the session is underway if Client(s) is/are unhappy, uncomfortable or unsure about suggested poses, props, locations, weather conditions, styling, wardrobe, hair styling, makeup application, and any other areas in which the Client(s) are dissatisfied. If Client(s) do not speak out against any of the above mentioned or unmentioned areas during a portrait session that he/she/they are dissatisfied with, it is then agreed upon that the Client(s) are satisfied with the portrait session and all aspects in which have concluded. Rosemary Slocum is not responsible for anything in which the Client(s) fails to bring forth at the time of the session. The Client(s) agree to this by signing this contract.
8. If pets are included in the portrait session with the Client(s) it is the Client(s) responsibility to approve this with the venue prior to the portrait session. The Client(s) also agree to keep the pet under control with proper techniques. This includes making the pet feel comfortable with the environment, cleaning up after the pet, keeping the pet properly hydrated and fed during the session. For large pets, please bring a leash to keep the pet tethered during photographs taken that do not include the pet. Should the pet become uncomfortable, hard to control or aggressive in any way, or if Rosemary Slocum has a fear and/or allergy to the pet(s), Rosemary Slocum reserves the right to ask the Client(s) to remove the pet(s) from the setting and shooting area so that the portrait session may continue. Pets must be pre-approved in a minimum of 48-hours prior to the portrait session. The Client(s) agree to this by signing this contract.
9. Model Release. Rosemary Slocum has the irrevocable right to use the Client(s) photographs for the purpose of copyright, display, portfolio, advertisements, promotions, competitions and review, product display within the studio, product display at a trade show and/or any other fine art display such as vendor shows, bridal shows, fashion shows, etc., book covers, calendars, postcards, business cards and any other printed media for selling and profit purposes, in giveaways and contests, submissions and reviews, on social media sites, and any other lawful purposes in which Rosemary Slocum can and may gain profit. This also includes using images and likeness of children included in above portion of this contract. The Client(s) agree that they are the sole guardian and/or parent of the above-mentioned child(ren) and have the legal right to give this consent. The Client(s) will receive NO (zero) compensation for the use of ANY photographs taken during this portrait session. The Client(s) agree to this by signing this contract.
10. Print Release & Agreement: It is clear that the Client(s) understands they are to give proper credit every time a photo taken by The Photographer is used, whether it is in print, online, for professional or personal use. The images are NOT to be edited in ANY way. This includes adding filters, editing the color, changing to black and white, cropping, re-framing, adding lettering/typography, or any other ways in which the image is altered from its original form. Client(s) agree to give proper credit every time the image is used for ANY purpose listed above, but not limited to. Proper credit of photo is given as: Vision of Rose Photography www.visionofrosephoto.com. Any images posted online, in print or in any other form without proper image credit will result in immediate action against the Client(s). Images are not to be used for profit, entry into contests, or any other form in which the Client(s) may or will receive monetary rewards for the image. Images cannot be resold or redistributed.
11. Services: At the time this agreement is filled out and signed digitally by the Client(s), Rosemary Slocum with Vision of Rose Photography is hired by the Client(s) for her photographing and editing vision. This includes any future edits to images already taken during this session and the obligation to keep images on file. The Client(s) is/are stating that he/she/they are satisfied with Vision of Rose Photography's performance and services based on the work Vision of Rose Photography has displayed, and that no other services are required from the original booked session unless outlined and detailed in a separate contract. The Client(s) understand that should they require their images to be sent again they will face an archive retrieval fee of $75.00, along with the cost of images again. The Client(s) understand that should they require any further edits to the images they have received, an additional fee of $45.00 per image requested for editing will be charged, along with an archive retrieval fee of $75.00. The Client(s) understand that all images are archived and backed up into a physical hard drive immediately following delivery of album - any further requests from this point forward will incur an archive retrieval fee of $75.00. Client(s) understand that Rosemary Slocum has the right to dispose of images taken after the 90 day holding grace period. By accepting and filling out the form below to submit this contract, the Client(s) agree/agrees that they are fully satisfied with their product/service purchase and have no further complaints.
12. Refunds: Refunds are not offered under any circumstances for any of Vision of Rose Photography’s services and/or products due to the specific nature of products and services. If paying Client(s) are dissatisfied with services or products, one (1) exchange will be offered to the Client(s). After this, no other compensation will be offered to the Client(s). Exchange will be of equal or lesser value than what was purchased by the Client(s). This does not apply to contest winners, giveaway winners, voucher redemption, gifted sessions, or any other Client(s) not deemed as a “paying” Client(s).
13. Rain, Tardiness + No-Show Policies: Vision of Rose Photography has a 40% rain policy. If there is a call for rain of more than 40% chance the day of your session, your session will be rescheduled to a new date. You will receive notification of this via email. For Styled Shoots, Marathons or Select "Themed" Shoots, the rain policy is 20% chance. Client(s) will be notified in time to adjust their schedules. Vision of Rose Photography also has a 10 minute tardiness policy. Any clients arriving more than 10 minutes past their scheduled time will be rescheduled to a new date and a $75 convenience fee will be assessed. Rosemary Slocum will not be present past 10 minutes after a schedule portrait session. If a Client is a no-show to their portrait session, all fees are liquidated for Rosemary Slocum's time and presence. Vision of Rose Photography has the right to charge additional fees for re-booking or reserves the right to deny services to a Client for the reasons mentioned such as tardiness, excessive tardiness and/or no-show.
14. Personal Illness + Reschedules: Vision of Rose Photography reserves the right to reschedule a portrait session for any reason deemed absolutely necessary. These reasons may include but are not limited to: personal illness, death or loss of a family member, personal grieving, family reasons (doctor's appointments, etc.), errors in wardrobe sizing, props which are delayed, weather conditions, portrait shooting conditions, equipment failure or repair, vehicle repair, personal or family emergencies, lack of childcare, etc. Client(s) will receive ample notification of a reschedule (except in the case of an emergency) via email and text if a number has been provided by the Client(s). Refunds and/or any type of compensation will not be offered under any circumstances for Client(s). Client(s) will be able to re-book the cancelled session.
15. Weekends: Vision of Rose Photography reserves the right to charge a $75.00 convenience fee to any client requesting a Saturday or Sunday portrait session. Weekends are typically reserved for marathons, styled shoots and personal family time.
16. Additional Services: Client(s) are welcome to book additional services such as extensive portrait retouching, professional makeup, professional hair, wardrobe styling, prints & products and numerous other services. Each of these will have an additional fee detailed and outlined directly to the Client(s). Vision of Rose Photography is NOT responsible for services provided such as wardrobe styling, professional hair, professional makeup, venue reservation, etc.
By signing this contract, we (Photographer & Client(s)) confirm that we (Photographer & Client(s)) agree to all terms and conditions outlined in the contract. This contract also binds all participating parties as listed above in the “Additional Parties to be Photographed” section and “Children to be Photographed” section, as well as any guest(s) attending Client(s) wedding, party, reception, portrait session, outing or any other event(s) not listed in which the Client(s) have hired Rosemary Slocum with Vision of Rose Photography to capture. The Client(s) are signing on behalf of all said parties and all said parties are bound to this contract hereinafter. The Client(s) are signing this form digitally by filling out the form below. This is accepted as a legal representation of the Client(s) and confirmation will be sent to the Client(s) regarding their signature before images are delivered to the Client(s). This binding contract is legal and will stand in the place of a written agreement in the Courts. By filling out the form below, the Client(s) agree to all of which was stated and no further documentation will be needed.