General Model/Photo Release and Photoshoot Contract
This Photography Agreement ("Agreement") is entered into as of the date of signature, by and between Adventure Theory Media, LLC, and the ("Client"), each a "Party" and collectively the "Parties."
For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows for a photographic session to occur on the time and date agreed upon by both parties.
Definitions. The Terms "Photographer", "photography team", "us", "we", and "our" refer to Adventure Theory Media 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 for the purposes of taking custom photographs for the Wedding.
Terms1. Retainer and Payments. The Client shall make a non-refundable retainer in the agreed amount to the session for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. 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.
Payment for product orders shall be submitted to the Photographer within the day of product order, whether via online proofing service or in-person viewing.
2. Pre-Photoshoot Consultation. The Client agrees to a pre-photoshoot consultation. The consultation shall work to finalize the schedule, locations, and the Client's particular requests.
3. Cancellation. If for any reason Client cancels this Contract prior to or on the photoshoot date, the Photographer shall keep the retainer and any monies paid on the date of cancellation. All cancellations must be made in writing and signed by all contracted parties. If the Client fails to supply written cancellation or cancels within 7 days of the contracted date, the Client shall be required to pay the full balance of the Contract.
4. Rescheduling. If, for any reason, the Client reschedules the photoshoot at least 30 days prior to the shoot date, and such rescheduling is confirmed in writing to the Photographer, the retainer may, at the Photographer's sole discretion, be applied to the new date. A new Contract will be required to reflect the changes.
5. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. 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 30 days of the photographic event. If an online proofing gallery delivered, it shall remain open for 365 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee shall apply.
6. 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 photographs to select from and 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.
7. 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 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.
9. 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, add a filter of ANY kind or capture the photographs in any other fashion. The Client shall identify "Photos by Adventure Theory Media" and tag the Facebook/Instagram page or website in the caption of all photographs uploaded to social media websites and profiles.
10. Safe Working Environment. The Client agrees to undertake the best efforts to ensure that guests and attendees at the wedding treat the Photographer and the Photographer's staff with respect and dignity and that the Photographer is provided with a safe working environment. The Photographer retains the right to cancel the remainder of any photography session in the event guests and/or attendees of the wedding commit any instances of sexual harassment, violence, threats, or other similar behavior that would lead a reasonable person to feel unsafe in such an environment. In the event of such cancellation the Client shall not be entitled to any refund.
11. Cooperation of Client and Guests. 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 guests and attendees cooperate with the Photographer.
12. 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 30 days prior to the photoshoot date.
13. Failure to Perform. If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, military obligation, act of God or causes beyond the control of the Photographer, the Photographer shall make every attempt to provide a Substitute Photographer per the provisions in this Contract. 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 to cost of the contract. In no event shall Photographer be liable for any amount exceeding the cost of the contract..
14. 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. The original terms of this agreement will remain in effect.
15. Independent Contractor – Second Photographer. The Photographer shall supply an additional professional photographer to assist on the wedding day. The Photographer reserves the right and discretion at selecting the appropriate additional photographer.
16. 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.
17. Meals and Breaks. A meal is required for every member of the Photographer's team for coverage that lasts more than 3 hours. A 30 minute break is required for every member of the Photographer's team for coverage that lasts more than 8 hours.
18. Venue Guidelines. The Photographer is bound to guidelines and policies of venue officials or management. The Client agrees to accept the technical results of their imposition on the Photographer. Negotiation with the officials for modification of guidelines and/or policies is the Client's responsibility. Any additional permits or fees required by the venue or local jurisdiction shall be the responsibility of the Client.
19. Completion Schedule. Completion schedules and delivery of 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.
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% of purchase price 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.
20. Travel and Overage Fees. The Client's paid package includes travel for the photographer for which it is the photographers responsibility to organize travel arrangements..
21. Arbitration. The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Colorado 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 shall be deemed to have been made in such State, and shall be governed by and construed in accordance with the laws of such State.
22. 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.
23. 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 Colorado.
24. 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.
25. 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.
26. Model Release.
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Signed by Mitchell Phelps
Signed On: March 12, 2023
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Document Name: General Model/Photo Release and Photoshoot Contract
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