With respect to the photographs that Bethany Darin creates during a portrait session: Bethany Darin and/or Bethany Darin Photography (“the photographer”) maintains the absolute and irrevocable right and permission to copyright the same in the photographer’s name; to use, re-use, and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and; to use my name or my child(ren)’s name(s) in connection there with if she decides. The photographer is not liable for any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
Client is guaranteed 20 minutes of portraiture time. If the period of Photographer’s service is cut short for any reason by Client, Photographer shall still receive the total fees outlined in this contract.
Shots taken during Client’s sessions will be reviewed and edited at Photographer’s discretion. Photographer retains the right to omit any image. Client will receive digital proofs from the session within two to four weeks. Prints and products are sold separately.
In the event of a cancellation or postponement of the portrait session by Client, deposits paid are non-refundable. Deposits are transferable if a date change is necessary. Twenty-four hours notice of postponements or cancellations is appreciated.
If it is not possible for a session to take place as scheduled due to weather, Photographer and Client will agree upon an alternative location for the same scheduled time or will reschedule for a different date and time at no additional charge.
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session, Client’s deposit is non-refundable.
In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Due to the nature of the product, refunds are not given. In the unlikely event that the finished product from a portrait session is unusable due to technical problems, (camera failure or exposure problems), Photographer will reshoot at no additional charge.
Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
Limit of Liability
Photographer takes the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
Client is aware that the color dye and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
In consideration of Client’s engagement as a model, upon the terms herewith stated, Client hereby gives to Photographer the unrestricted right and permission to copyright, use, reproduce and publish photographic portraits or pictures from this scheduled session without restriction through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
Portrait fees include an initial telephone or in-person consultation with Photographer, the defined portrait session, and processing. Additional travel fees will be added for travel outside of Connecticut. Travel rates will be determined based on travel distance.
The portrait fee (paid in full) acknowledgement of this agreement are required to reserve a portrait session date.
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Bethany Darin Photography.