LETTER OF AGREEMENT FOR PHOTOGRAPHIC SERVICES

This Agreement is made effective as of October 10, 2018 by and between Evan Whitney (“Photographer”) and Teira Brown (“Client”).

This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

PHOTOGRAPHY

The Photographer will photograph the agreed upon Session(s) and deliver a specified number of images to the Client. The selection of images delivered to the Client is left to the discretion of the Photographer. The Photographer is not liable to deliver every image taken at the Session.

The final post-production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer.

SCHEDULE

The Client and the Photographer agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. Notification of any changes in schedule or location must be made in a timely manner and the Client must obtain confirmation of receipt from the Photographer.

VENUES AND LOCATION

The Photographer is limited by the rules and guidelines of the location(s) and site management. Negotiation with the officials for moderation of guidelines is the Client’s responsibility; the Photographer will offer technical recommendations only. The Client is responsible for acquiring all permits and necessary permission for all locations on which the Photographer will be performing services.

COPYWRIGHT

The photographs produced by the Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the Photographer’s permission. The Photographer agrees to grant the Client unlimited use of all photographs from the Sessions, including, but not limited to use in print materials, social media and other digital platforms. The Photographer also grants the Client permission to crop photos as necessary, and waives the condition requiring the Client to obtain advance, explicit permission from the Photographer prior to their use.

LIABILITY

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the Photographer's control, including but not limited to camera, hard drive, or equipment malfunction, the Photographer liability is limited to the return of all payments received for the Session(s). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The Photographer is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package or one year.

PAYMENT

Payment is due in full at the end of the Session at the applicable rates agreed to by the Photographer and Client. At the conclusion of the Session, if the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this agreement with no further obligation. Returned checks will be assessed a $25.00 insufficient funds fee.

MODEL RELEASE OPTION (PLEASE CHOSE AND INITIAL ONE)

Unlimited Use
I allow the Photographer to use the images from the Session right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. I allow the Photographer to use the images from the Session for use to promote his services as a Photographer on his website, on social media, and in brochures.
Portfolio & Promotional Use
The Client allows the Photographer to use the images from the Session to promote his services as a Photographer on his website, on social media, and in brochures, cards, or other similar materials. The Photographer may also use the photographs for gallery shows or exhibitions. The Photographer must obtain express written consent/permission in advance from Client prior to use for promotional purposes.
Use Declined
The Client does not allow the Photographer to use images from the Session for portfolio or promotional purposes.
Digital Signature of Client * By digitally signing below, I acknowledge that I have read and understand all the policies outlined above, and agree to follow all procedures. **Please enter /s/ followed by your full name below for your digital signature (example: /s/John Doe)
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