Indianapolis Photographer | casey and her camera

casey and her camera | Photography Session Agreement


This Photography Session Agreement (the “Agreement”) is entered into between  (“Client(s)”), and casey and her camera LLC d/b/a casey and her camera, an Indiana limited liability company (“Photographer”) on the date of Client(s) execution of this Agreement as indicated in the electronic signature block of this Agreement (the “Effective Date”).

WITNESSETH:

WHEREAS, Client desires to have Photographer perform a photography session; and

WHEREAS, Photographer has presented Client with an opportunity to receive a photography session and photo package (valued up to $600.00) at no cost to Client in exchange for Client granting Photographer the rights to utilize the images produced during the photography session for Photographer’s own business purposes and to license the images to third parties; and

NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, and other valuable consideration as hereinafter described, the parties hereto agree as follows:

 

TERMS AND CONDITIONS

  1. Photography Session and Package. In exchange for certain below-described rights granted to Photographer in the photographic images of Client (the “Images”) generated by Photographer in a photography session with Client (the “Session”), Client shall receive a photography package consisting of the following (the “Package”) at no cost to Client:

 

The Session is valued at $ . The Session details are as follows:

Session Location:   

Other Session Details: 

 

  1. Termination/Cancellation. If for any reason Client terminates this Agreement or cancels a scheduled Session with less than thirty (30) days prior written notice to Photographer, Client may be required to reimburse Photographer for the value of the Session. Photographer reserves the right to reschedule or cancel a scheduled Session due to illness, weather, equipment malfunction, or other circumstances beyond its control. In the event that a Session is completely cancelled by Photographer, Photographer shall have no liability to Client.  
  1. Late Arrivals. Any Client that is late arriving to the Session will have the amount of time late deducted from the time allotted for the Session. Client shall not be compensated for the time deducted from the event due to the late arrival of Client.
  1. Completion Schedule. Photographer shall make Images proofs available to Client through an online gallery proofing website. These proofs shall be available to Client within six (6) weeks of the Session. Once an online proofing gallery has been delivered, it shall remain open for no less than three hundred and sixty-fixe (365) days from delivery at which time Photographer shall have no further obligation to preserve the Images in any digital or print form. At Client’s election, for an additional fee, Client may select and order prints and/or an album of the Images. In such event, completion schedules and delivery of the prints and/or album shall be determined from the date of the selection of the Images by Client. Third-party manufacturing laboratories are utilized for processing prints of the Images and may provide restrictions on an order not outlined in this Agreement.
  • Prints shall take up to four (4) weeks from the time of the selection of the Images be processed and delivered to Client.  
  • Albums shall take up to twelve (12) weeks from the date of final design approval by Client to be received by the Client.  

Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

  1. Use of Independent Contractor. In the event a third-party independent contractor photographer is hired for services and/or products for the Session, Photographer shall not be liable for any actions by the independent contractor photographer. This includes, but is not limited to, allergies as a result of use of the any equipment or materials by the independent contractor photographer. It is Client’s responsibility to convey all allergies to the independent contractor prior to the Session starting.
  1. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, generated during the Session shall be the exclusive property of Photographer.
  1. Artistic Rights. Photographer retains the right of discretion in selecting the Images released to Client in the online gallery website. Photographer also retains the right to make adjustments to the Images in post-processing as Photographer deems within their creative control. At no additional charge, Photographer will provide Client with black and white conversions of any Images requested up to thirty (30) days after delivery of the online gallery website.

Photographer shall make reasonable efforts to obtain, but cannot guarantee delivery of, specific types of photographic images at the Session as requested by Client. Photographer shall be held harmless for any and all photographic images requested by Client, but not obtained, during the course of the Session.

  1. Cooperation of Client. Client will cooperate with Photographer and defer to Photographer’s professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion during the Session. Photographer retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with Photographer’s artistic discretion. Client will utilize best efforts to ensure that any other participants in the Session cooperate with Photographer. Client shall have the option of selecting the location of the Session. However, unless the Session will take place at Photographer’s studio, Client is solely responsible for obtaining the necessary permission to shoot at the location where the Session will take place.

Photographer shall be held harmless for any images obstructed, distorted, or otherwise interfered with by Client.

  1. Intellectual Property Rights. All photographs and Images captured and/or created by Photographer in connection with the Session, including any and all copyrights and other intellectual property rights related thereto, shall remain the sole and exclusive property of Photographer. Photographer shall retain copyright ownership of all works created in the course of this Agreement, including but not limited to all Images in their original and processed formats. It is understood that any duplication or alteration of original Images by Client or anyone other than Photographer is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the express written permission of Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.    

Photographer does provide Client permission to resize the Images for Internet-based personal usage.

Client acknowledges and agrees that Photographer shall be permitted to use the Images as it sees fit, including in advertising or promotional materials for Photographer’s business, or in licensing to third parties, with no compensation due to Client. Further, Client expressly and irrevocably releases Photographer from and against any and all claims for invasion of privacy, defamation, misappropriation of likeness, or any other cause of action arising out of or relating to Photographer or Photographer’s licensee(s)’ use of the Images. Client will also indemnify and defend Photographer against all claims, liability, damages, costs, and expenses, including legal fees and expenses, relating to any third party claim brought by a person that appears in an Image.

  1. Client Usage. With regard to any Images that Photographer provides to Client, Photographer grants Client a license to print, reproduce and display the Images for Client’s personal use, provided that Client does not use the Images for any commercial purpose or for submission to any contests without the express written permission of Photographer. Client shall only use the Images, including both print and digital copies, in accordance with the permissions within this Agreement. Client shall not make, or provide authorization to a third-party to make, reproductions of Images without the express written permission of Photographer.  
  1. Social Media. Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the Images in any other fashion. When uploading or posting Images to any social media site or other website, the Images must be attributed to Photographer through the utilization of the Facebook “tagging” feature (to “tag” Photographer’s business page in the album of the uploaded files) or other similar function.
  1. Photography and Videography. Photographer and its team shall be the sole photographers for coverage of the Session. Videographers and photo booth operators shall be excluded from this provision if a request is submitted in writing by Client to Photographer at least three (3) days prior to the Session date. Client shall not engage in photography or videography or employ additional photography or videography services during the course of the Session unless otherwise agreed to, in writing, by Photographer.
  1. Rescheduling/Failure to Perform. If Photographer is unable to perform this Agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of Photographer, Photographer and Client shall make every attempt to reschedule the Session. Further, if Photographer is unable to deliver Images to Client due to technological malfunctions, including but not limited to the equipment operation and image processing, or Images are otherwise lost or damaged without fault of Photographer, at Photographer’s election, Photographer may either conduct another Session or terminate this Agreement without any further liability by Photographer.  
  1. Substitute Photographer. If due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of Photographer, Photographer will have to cancel a scheduled Session unless a substitute photographer is utilized, Photographer reserves the right to substitute with another photographer at any scheduled Session. The substitute photographer is chosen at the discretion of Photographer and does not constitute a breach of this Agreement. Photographer warrants that any substitute photographers shall be of comparable quality, skill and professionalism.
  1. No Guaranty/Disclaimer of Warranties. While Photographer is committed to providing high quality Images, it does not guarantee that the Images will meet Client’s expectations and/or that Photographer will capture any particular moment or shot. Moreover, Photographer is not responsible for any issues or complications caused by weather, the lateness or lack of cooperation from the participants in the Session, rules and restrictions of the venue of the Session, equipment failures and/or any other issues beyond Photographer’s control. Further, as the Images are provided at Client’s request and direction, they are provided “as is”, without any sort of warranty. Photographer specifically disclaims and any all warranties with respect to the Images, including, without limitation, the warranties of fitness for a particular purposes, non-infringement, title, merchantability and those that may arise from any course of dealing or performance.
  1. Limitation of Liability. In no event shall Photographer be liable for any injuries that occur during a Session. Client hereby releases Photographer from and against any and all actions, claims or demands, including without limitation those related to injury to or death of persons, or damage, loss or destruction of property arising out of or in connection with the Session. In no event shall Photographer be liable, whether in contract, tort or otherwise, for any incidental, special, exemplary, punitive or indirect damages, losses, or expenses or costs of any kind arising out of this Agreement, even if advised of the possibility.
  1. Indemnification. Client shall defend Photographer against any costs, expenses, judgments, damages, liabilities, legal fees or other reasonable costs of litigation or defense (including reasonable attorneys’ fees and costs), arising from or relating to any claims for personal injury, death, property damage or other harm caused at the Session, including any claim brought by any person that was at the Session or the owner of the location where the Session occurred (assuming the Session took place outside of Photographer’s studio).
  1. Miscellany. This Agreement incorporates the entire understanding of the parties and supersedes all proposals, oral or written, and all other communications between the parties with respect to such subject matter. Any modifications of this Agreement must be in writing and signed by both parties. Any failure or delay of either party to exercise any rights or remedies under this Agreement shall not operate as a waiver thereof. Further, a party’s waiver of any breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed and construed by the laws of the State of Indiana, and all proceedings relating to the subject matter hereof shall be maintained exclusively in the courts of Marion County, Indiana, and Client hereby consents to personal jurisdiction and venue therein and hereby waives any right to object to personal jurisdiction or venue. In the event that any provision of this Agreement is held invalid or unenforceable in any circumstances by a court of competent jurisdiction, the remainder of this Agreement, and the application of such provision to any other circumstances, shall not be affected thereby.
  1. Disputes. If any dispute arises between Photographer and Client in connection with, or arising out of, this Agreement, the parties within thirty (30) days shall attempt to settle such dispute informally through discussions. If the parties are unable to resolve the dispute within five (5) business days of convening for informal dispute resolution discussions, the dispute must immediately be referred to mediation either as a final resolution, or as a condition precedent to, the initiation of any adjudicative action or proceeding. Such mediation shall be held in Indianapolis, Indiana. The parties shall have thirty (30) days, from the date written notice is given by one party to the other of the need for mediation, to agree upon a mediator and commence mediation or either party may bring legal action, including litigation, to have a mediator appointed. Any dispute that has not been resolved amicably among the parties by mediation, may proceed to litigation.
  1. Attorney’s Fees. If either party to this Agreement brings a legal action against the other party 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 shall 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.
  1. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date(s) set forth below, via electronic signature.

 

 

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Indianapolis Photographer | casey and her camera https://caseyandhercamera.com
Signature Certificate
Document name: casey and her camera | Photography Session Agreement
Unique Document ID: 080db0cddad691a5ba4bb4c09e59102429a16e6a
Timestamp Audit
2016-06-01 16:58:09 ESTcasey and her camera | Photography Session Agreement Uploaded by Casey Rucinski - caseyandhercamera@gmail.com IP 68.39.56.60

casey and her camera is an Indianapolis Photographer specializing in couple, lifestyle, senior, wedding and family photography for Indianapolis, Indiana and the surrounding areas.