TERMS AND CONDITIONS
A. It is understood this Graeme Somerville Photography is the exclusive official photographer retained to perform the photographic services requested on this agreement.
B. Upon signature, Graeme Somerville Photography shall reserve the time and date agreed upon. Unless Graeme Somerville Photography is able to fully replace the canceled reservation, all sitting fees and retainers are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
C. If, in the opinion of Graeme Somerville Photography, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the studio/photographer, the photographer may elect to use an alternate location or to reschedule the portrait.
D. No part of any order, including previews, will be delivered until the balance is paid in full.
E. Graeme Somerville Photography reserves the right to use images created under this contract for advertising, display, publication, or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. Negatives, digital files, and previews remain the exclusive property of this Photographer.
F. If Graeme Somerville Photography cannot perform this contract due to fire or another casualty, strike, an act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
G. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
H. Model Release
I, (model name), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby irrevocably authorize Graeme Somerville Photography to use photographs of me and or my property and authorize him/(her/their and his/her/their assignees), licensees, legal representatives and transferees to use and publish (with or without my name, company name, or with a fictitious name) photographs, pictures, portraits or images herein described in any and all forms and media and in all manners including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on CDs or internet websites), for any product or services, or other lawful uses as may be determined by the photographer or studio named here.
I further waive any and all rights to review or approve any uses of the images, any written copy, or finished product. I am of full legal age and have read and fully understand the terms of this release.
I. 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.
J. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs or videos elsewhere without Studio’s/Photographer’s permission, and violators of this federal law will be subject to its civil and criminal penalties.
K. This Contract incorporates the entire understanding of the parties and is governed by the laws of Hennepin County, Minnesota. Any modifications of this Contract must be in writing and signed by both parties.
I have read and understood this agreement, including the terms and conditions, and agree to be bound by them: