The following is a digital version of the Session Agreement that must be signed by all Clients being photographed. A printed version will be made available for you to sign at your upcoming session. ADB Photography kindly asks that you read through this agreement prior to your session.
This Agreement expresses the full and complete agreement between the CLIENT (stated below) and ANGELO DI-BENEDETTO PHOTOGRAPHY (Hereafter refereed to as ADB PHOTOGRAPHY) regarding the subject matter hereof. It supersedes all prior agreements. The only way to add or change this agreement is to do so in writing, signed by all parties.
______________________________________________ AND ____________________________________________________
COPYRIGHT & LICENSING NOTICE
The following information applies to clients who show interest in obtaining high-resolution digital files from his/her photography session with ADB Photography.
Only if the Client has obtained the Personal Print License from ADB Photography are the images licensed to be used for reasonable personal purposes, including but not limited to: printing, emailing, and web publishing. The Personal Print License license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. The Personal Print License grants the Client permission by ADB Photography to reproduce the images and make an unlimited number of prints, for personal use only. Friends and family may purchase prints or digital copies from ADB Photography only.
ADB Photography shall have the right to use all negatives, proofs, photos, prints and all images and likenesses thereon in connection with its display and marketing efforts. You grant to ADB Photography a royalty-free, fully paid and irrevocable license to use all such materials for its commercial and artistic purposes including portfolio, website, display, advertising, and editorial use. You represent that you have the authority to grant the same.
This permission applies worldwide. Client agrees that he/she may not use any images for commercial or editorial purposes, or enter any images into competition without the express written permission of the Photographer. ADB Photography retains the copyright to all images.
Said images may not be altered or reproduced in any manner without prior written permission of ADB Photography. When publishing the images socially, ADB Photography must be noted as the photographer.
Only the person/s being photographed may attend the session; provided, however, that in the case of children and infants, up to 2 parents may also attend. Personal assistants, nannies, caregivers, friends and siblings may not attend sessions unless prior permission from ADB Photography is given.
Absolutely no photographic, video, film, digital, tape, cassette, or recording devices of any kind are permitted during a session.
ADB Photography reserves the right to terminate any session due to any failure of the client to adhere to the requirements set forth in this Agreement or if the model(s) being photographed are unwilling to be photographed or if anyone in the session is behaving in a manner that the photographer deems inappropriate or inconsistent with the purposes of the session. In the event of any such termination, ADB Photography may offer to schedule a new session in its sole discretion; provided, however, that it is under no obligation to do so. Under no circumstances will the session fee be refunded.
You agree to be responsible for any damage occurring to any of ADB Photography’s equipment or property during or as a result of the event or the actions of any session attendees, or as a result of any condition or occurrence at an on-location session which results in damage, other than damage which results solely from ADB Photography’s negligence.
While ADB Photography works with its clients to deliver photographs which will meet their individualised needs, ADB Photography is, first and foremost, an art studio with an established style and reputation and reserves the right to exercise full artistic control over the nature, number and types of pictures it shoots.
Please do not to be late to your photo sessions. Try to arrive 10 minutes early so that you can get comfortable and the session can start on time. If you are late to your session, ADB Photography will do the best it can in the time that you have remaining for your session.
A non-refundable session fee of $200 is due on the date that your session is first scheduled. ADB Photography shall have the right to cancel your session date or to give it to another client if it does not receive the session fee one week before your session is scheduled. ADB Photography accepts Cash, Visa, Mastercard, PayPal and bank transfers.
CANCELLATION / RESCHEDULING
ADB Photography requires 2 business days notice in the event that you need to cancel or reschedule your session. The cut off time is 5pm on the second business day prior to the day of your shoot. Cancellations or reschedules prior to this cut off are eligible for a full refund of the session fee. In the event of a cancellation, your session fee will be honored for one year.
LIMIT OF LIABILITY
In the unlikely event that the Photographer is injured, becomes too ill, or has an extreme emergency that prevents him or her from photographing the session, ADB Photography will contact the client as soon as possible, to arrange another suitable date and time, and if necessary (if an event), will try to find a replacement photographer. If this does not suit the Client, the Client agrees that responsibility and liability of ADB Photography to the Client is limited to the return of all payments received for the event.
ADB Photography is not responsible or liable for any failure to provide any services due to any act of God, weather event, act of government or any other occurrence, act or event which is outside of ADB Photography's exclusive control. In addition, ADB Photography shall not be responsible for equipment failure or the failure of any software or other computer or electronic medium which results in any damage to any proofs, negatives, prints or photos or which result in the inability to print or duplicate any of the foregoing.
Your investment of the digital files releases ADB Photography from any liability due to loss or damage of the images, and also releases ADB Photography from any obligation to maintain copies of any digital file, image, or photograph.
Proof images will be available to view online 1 week after the event or session date. ADB Photography offers a online proofing system in which the Client views their images at a unique website link provided to them via email. This link is online and accessible for 14 business days. At the end of the 14 days, proofs are automatically removed from the web site. A $25, non-refundable, re-posting fee will apply to proofs that must be re-posted after the 14 day expiration period.
Under no circumstance may the image proofs be copied, shared, edited, printed or used without prior written permission from ADB Photography.
RETOUCHING AND ADJUSTMENTS
The Client gives full creative control to ADB Photography in the editing and retouching process. Special requests may be made, and must be presented to ADB Photography in writing or email when the Clients image selections are made. Once the Client has made their image selections and the image numbers have been communicated to ADB Photography no changes may be made.
Once the digital files have been successfully transferred to the Client, ADB Photography allows for up to one re-edit per image for minor standard adjustments, which will be determined by ADB Photography. Any additional or major alterations that fall outside of these standard adjustments will incur a fee of $50 per image and must be paid in full before the edited images are delivered to the Client. Alterations are final and must be requested to ADB Photography in writing via email.
DELIVERY OF FINAL IMAGES
The final edited images shall be delivered to the client via CD, digital download or any other media deemed suitable by the photographer. Images are expected to be edited within 3-4 weeks of the event date. USB/DVD/CD delivery is expected within this time frame, but may take longer.
The digital download link to the Cients final images will remain accessible for 14 days starting from the day uploaded. A $25, non-refundable, re-posting fee will apply to images that must be re-posted after the 14 day expiration period.
The final retouched images are kept on file for 90 days. While ADB Photography may occasionally store files for longer, it is not guaranteed after the 90 day period.
If you agree with the terms of this Agreement, please sign in the space provided below.
______________________________________________ (CLIENT) ____/____/____ (Date)
______________________________________________ (PHOTOGRAPHER) ____/____/____ (Date)