Service Agreement
PHOTOGRAPHY SERVICES AGREEMENT
MEREDITH WARD PHOTOGRAPHY
This agreement is between Meredith Ward, Meredith Ward Photography (hereafter “PHOTOGRAPHY” “the PHOTOGRAPHER” or “PHOTOGRAPHY COMPANY”) and YOU (hereafter referred to as “CLIENT”).
1. Scope of Work
1.1 - This agreement is put in place to cover exactly what your session entails and to ensure for appropriate expectations. Keep this form for yourself. By keeping your scheduled session date, you are agreeing to the following terms and conditions.
1.2 - This agreement is for services and products related to a photography session to take place at the pre-scheduled time and location.
1.3 – CLIENT understands that PHOTOGRAPHER is at the mercy of the weather for outdoor sessions. Sessions may be rescheduled due to inclement weather.
1.4 - PHOTOGRAPHER will perform basic post-processing or digital image editing services on your photos where artistically necessary.
1.5 - PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients.
2. Session Fees
2.1 - Session fees are due at time of session. Payment is accepted via Zelle, Chase Quick Pay with Zelle, Venmo, or check made out to Meredith Ward Photography.
2.2 – You are responsible for covering any additional fees/costs related to a location (admission, parking, etc.)
2.3 – All print photos must be purchased separately. CLIENT will be provided a print release for the printing at a lab of his/her choice and/or CLIENT may choose to order prints from the online gallery.
2.4 – Travel outside a 20-minute radius of the 43035 zip code will incur an additional fee.
3. Work Product
3.1 - PHOTOGRAPHER will deliver proofs of photos to CLIENT via online gallery no more than twenty-one days (21 days) after the date of the SESSION.
3.2 - CLIENT understands and agrees that images are the exclusive property of PHOTOGRAPHER.
3.3 - All online gallery images delivered to CLIENT are licensed for CLIENT’S personal use only.
3.4 – CLIENT understands that images from the online gallery will be deleted after thirty (30) days. Should CLIENT need replacement images due to data loss, technical difficulties, etc., a $50 restocking fee will be required.
3.5 – In instances where PHOTOGRAPHER might deem a photograph undesirable in color, including issues with maximum exposure or focus, a black and white photo might be provided in the gallery.
3.6 - Duplicates for color or b/w photographs can be added to a gallery for a minimal fee.
4. Indemnification
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture and produce any “exact” moment or pose during the SESSION.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SESSION.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this session 120 (one hundred twenty) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury that may occur as the CLIENT poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. Duty of Client
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SESSION. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Exclusive Photographer
CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
7. Model Release
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising.
By attending your scheduled session date, you (the CLIENT) are agreeing with the above statements listed, understand all terms of the contract, and release all claims against Meredith Ward Photography, LLC, with respect to any copyright ownership or for any compensation related to use of the images.