Indianapolis Family Photographer | casey and her camera

casey and her camera | Portrait Photography Contract

This Portrait Photography Contract (the “Contract”) is entered into between  (the “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”).

  1. Retainer and Payment. The Client shall make a non-refundable retainer payment in the amount of 50% of the Total Investment Fee as selected during scheduling in order for the Photographer to perform the services specified herin. Retainer payment is due, along with fully executed contract, upon booking of photographic events. Upon payment and contract execution, the Photographer will reserve the services, time and date agreed upon by both parties on the Client Information Form. The Client agrees that this retainer 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. The term of this Contract shall commence upon the execution of this Contract and shall terminate upon the Photographer’s delivery of an online gallery proofing website. Failure to submit payment according to this contract will result in immediate termination of all agreements.
  2. For events booked more than 30 days in advance of the photographic event date, final payment of the Investment Fee balance shall be submitted to the Photographer no less than 30 days in advance of the agreed upon photographic event date. In the event the Client fails to complete final payments as designated, the Photographer shall have the right to immediately terminate all agreements with no further refund obligations. For services booked less than 30 days in advance of the photographic event date, all retainer and balance payments will be due in full, along with the fully executed contract, to confirm booking and finalize scheduling.

    A late payment fee of $25/day, for up to 7 days, shall be applied to any payments made after the agreed upon date. After 7 days delinquent, the Photographer shall have the right to immediately terminate all agreements with no further refund obligations. No products shall be delivered until the entire amount is paid in full.

  1. Cancellation. If for any reason the Client requests cancel this Contract thirty (30) or more calendar days before the agreed upon photographic event date, the Photographer shall keep the retainer and any monies paid on the date of cancellation. All cancellations or amendments must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within thirty (30) days of the contracted date, the Client shall be required to pay the full balance of the Total Investment Fee as selected during scheduling and specified on the Client Information Form. In addition, the Photographer shall keep any monies paid on the date of cancellation.

If the Photographer is exposed to unsafe conditions, individuals, or objectionable or illegal acts or events at the photographic event, all agreements will be immediately terminated and payments forfeited.

  1. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule the photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 24 hours to the scheduled event. A Client reschedule must be within the same calendar year and a new Contract will be required to reflect the changes. Client reschedules are subject to any pricing changes or increases that have occurred. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event and the event will end at the scheduled time. In some cases there may be another photographic event scheduled to begin at the end of the Client's event and all scheduled end times will be followed. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. 

It is at the Photographer’s sole discretion to determine if a reschedule is necessary due to weather conditions. Reschedules due to weather will not be subject to additional fees. Rain dates for Tuesday photographic events will automatically fall on the Thursday of the same week. Rain dates for Friday photographic events will fall the following day on Saturday, and rain dates for Saturday photographic events will fall the following day on Sunday. The Client agrees to be available for both the photographic event and tentative rain date upon booking. If the rain date must also be rescheduled due to weather conditions, the photographic event will be rescheduled to the next available rain date that matches the availability of both the Photographer and the Client. A rescheduling addendum contract will be required.

Rain dates for photographic events scheduled in Michigan will be scheduled on an individual basis as needed per weather conditions. 

  1. Completion Schedule. Completion schedules and delivery of printed products shall be determined from the date of final approval by the Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
  • Prints shall take four (4) weeks from time of print order to be processed and delivered to the Client.  
  • Albums shall take twelve (12) weeks from date of final design approval by the Client to be received by the Photographer and delivered to the Client.  

The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $100 or more shall be applied to expedited product requests. The 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 is hired for services and/or products for the photographic event, the Photographer is not liable for any actions by the Independent Contractor. This includes, but is not limited to, allergies as a result of use of the products/services by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
  1. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.

The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within four (4) weeks of the session date. If an online proofing gallery delivered, it shall remain open for no less than two (2) weeks from delivery for the Client to select images to be included in the final gallery and licensed for use. When the proofing gallery expires at two (2) weeks the Photographer shall have no further obligation to preserve the images from the proofing gallery in any form; digital, print, or otherwise.

The photographer shall make licensed images available through a final online gallery. This gallery shall remain open for no less than three hundred and sixty-fixe (365) days from delivery at which time the Photographer shall have no further obligation to preserve the images of the photographic event in any form; digital, print, or otherwise.

  1. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client.   The Client shall receive a gallery of no less than thirty (30) photographs to select from for a 30-minute session, no less than fifty (50) photographs to select from for a 60-minute session, and no less than seventy (70) photographs to select from for a 90-minute session. The Client shall 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. Additional processing may be requested for $75 per file. At no additional charge, the Photographer will provide the Client with black and white conversions of any images requested up to ninety (90) days after online gallery delivery.

The Photographer shall make efforts to obtain, but cannot guarantee delivery of, specific images as requested by the Client. The Photographer shall be held harmless for any and all images requested by the Client, but not obtained, during the course of the photographic event and the immediately surrounding events.

  1. Cooperation of Client. The Client will cooperate with the Photographer and defer to the Photographer’s professional judgment related to setting, poses, picture grouping, and other matters of artistic discretion. The Photographer retains the absolute right to refuse to photograph any situation, pose, or grouping that would interfere with the Photographer’s artistic discretion. The Client will utilize best efforts to ensure that attendees cooperate with the Photographer.

The Photographer shall be held harmless for any images obstructed, distorted, or otherwise interfered with by the Client. In the event the Client requests a reshoot due to wardrobe, hair, or makeup malfunction, or due to the uncooperative nature of the photographic event participants, the Client will be subject to a new booking and no previously paid monies will apply.

  1. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.    

The Photographer does provide the Client permission to resize photographs for Internet-based usage.

  1. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use without express permission of the Photographer. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
  1. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. When uploading to a Facebook or Instagram Social Media profile, the Client shall “tag” the Photographer’s business page in the album of the uploaded files.
  1. Photography and Videography. The Photographer and the Photographer’s team shall be the sole photographers for coverage of the event. Videographers and photo booth operators shall be excluded from this provision if submitted in writing by the Client to the Photographer at least three (3) days prior to the photographic event date. The Client shall not engage in photography or videography or employ additional photography of videography services during the course of the photographic event unless otherwise agreed to by the Photographer.
  1. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer may hire a Substitute Photographer (see article 14) to provide photography services of the scheduled event. The Photographer shall then complete all final image selections and edits in compliance with this Contract. If a Substitute Photographer is unable to be hired, the Photographer shall return the retainer and balance payments as applicable to the Client and shall 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 shall be limited and the Client shall only be entitled to a refund of the Client’s Total Investment Fee.
  1. Substitute Photographer. The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
  1. 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 shall be charged at the prices in effect at the time when the order is placed.
  1. Travel and Overage Fees. The Client shall pay a mileage fee of $1.00 per mile, for photographic events located more than 30 miles outside the zip code of 46123. Destination services shall be priced and billed individually and shall not adhere to the standard mileage rates.

All location permits, permit fees, access or entrance fees, and parking fees will remain the responsibility of the Client for the photographic event. The Client is responsible for obtaining all permits and paying all dues in advance of the arrival of the Photographer.

  1. Disputes. If any dispute arises between the Photographer and the Client in connection with, or arising out of, this Contract, 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. Indemnification. The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
  1. Miscellany. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a 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 Contract. This Contract shall be governed by the laws of the State of Indiana.
  1. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, 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 Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
  1. Payment Plan. The client shall pay the current rates for the year in which the session is scheduled. The payment schedule as detailed in this Contract shall be adhered to for the photographic event as detailed on the Client Information Form.

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

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Signed by Casey Rucinski
Signed On: March 1, 2024

Signature Certificate
Document name: casey and her camera | Portrait Photography Contract
lock iconUnique Document ID: ce54d2b5598d1ec13517a9ffd57d05d48f9e1ee1
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December 12, 2015 9:31 am EDTcasey and her camera | Portrait Photography Contract Uploaded by Casey Rucinski - IP

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