Emily Zoe Photography | Photoshoot terms and conditions
Session Information and Understanding
This contract is written for the purpose of personal portraits, family portraits, and couples portraits. The signing of this contract signifies the client’s understanding that they are voluntarily participating in these photos, and the client acknowledges that Emily Zoe Photography will not be held responsible for any negative actions or feelings that may arise from the images of this shoot. The client understands that they will decide whether or not these images are made public and will inform the studio of their preferences. Based on the print/product agreement, the client agrees to the terms, conditions, and timeline of the session, as well as the delivery of images and products. The client states that they are 18 years or older. If the client is not 18 years old, they understand a parent or legal guardian is required to review and agree to this contract as well.
Fees. All Collections include an online gallery, digital processing of film negatives, all density and color-corrected high-resolution images in JPEG format, and printing rights. Additional hours of photography are available for $150/ hour, which is due to the photographer prior to the end of the session by either personal check, cash, or Venmo.
1. Retainer and Payment. Upon payment and signature, Emily Zoe Photography will reserve the agreed-upon time and date and will not make other reservations for that time and date. The Client shall make a non-refundable retainer of 25% of the Collection Price to the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the agreed-upon time and date exclusively for you. The full amount + any agreed-upon additional travel fees (IF APPLICABLE) must be paid at least 1 week before the event date. A $25 Late Fee will apply each day the payment has not been made in full after this deadline passes. No services will be performed until full payment is made. No photos shall be released until full payment is made.
2. Cancellation. If the Client requests to amend this agreement before 30 days of the scheduled Session Date, the retainer shall be applied to a mutually agreed-upon rescheduled date. If travel arrangements have been made, the Client is responsible for any additional travel fees incurred due to a rescheduled date. If the Client cancels this agreement or fails to show, all payments made to Emily Zoe Photography shall be forfeited. The client understands and agrees that the Photographer cannot book other sessions during this session. If the Client cancels the session or fails to attend the Scheduled Session Date for any reason, the Photographer will incur significant losses to ascertain, and any monies paid to the Photographer will not be refunded due to the Client’s error.
3. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule their session, the retainer shall be applied to a rescheduled session if notice is given at least 30 days before the scheduled event. A $250 rescheduling fee will apply. Reschedule must be within the same calendar year. A new retainer will be made if a date change is requested within 30 days of the original agreed-upon session date. Any Client who is late arriving at the session will have the allotted time in the Collection for the session deducted.
4. Final Sale. All sales are final. All monies collected by the Photographer are non-refundable. No refunds will be given for the retainer fee or the Collection order. Once the CLIENT orders physical and/ or digital products, the order is final and may not be changed, altered, reduced, or canceled. This stands for both payments in full and payment plans. No refunds will be given on products after the order has been placed. Should the CLIENT choose to reverse payment, the Photographer will send a bill to Collections or pursue legal action to collect payment.
5. Artistic Rights. The photographer reserves the right to exercise discretion in selecting the photographic materials released to the client.
6. Happiness Clause. The client understands that the photographer aims to document the genuine emotions of the session participants. If the overall mood is not joyful or cooperative, it will be naturally reflected in the photos. The photographer cannot be held responsible for the emotional tone of the images if they accurately represent the atmosphere of the session.
7. Editing & Reshoots. Editing and retouching are to be done at the photographer's discretion and in alignment with their photographic style. Additional fees will be applied if extra editing is requested. Any additional edits requested by the Client will incur a $25 fee per request for image editing. The photographer reserves the right to outsource retouching to an independent contractor. The Photographer does not offer reshoots based on the Client's disagreement with the artistic approach taken with the session. If the Client insists on a reshoot, it will only be rescheduled with an additional fee of $250. A retainer fee will not be required if a session needs to be rescheduled, reshot, or continued due to weather or the photographer's artistic preference.
8. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 2 weeks of the session. When the online proofing gallery is delivered, it shall remain open for 3 days from the delivery date. Request for additional photographs or changes to images shall be made within 2 days following delivery of the online gallery. If the Client requests to extend the time or reopen the gallery, a $50 reopening fee shall apply. Be advised that RAW files may be destroyed anytime after the online gallery has closed.
9. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, print sale, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the Client's written permission. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the photographer's written permission.
10. Client’s Usage. The Photographer grants the Client a non-exclusive license of the product(s) produced for personal use only. The Client shall use the prints, including digital files, only in accordance with the permissions granted in this agreement. The Client’s prints/ digitals are for personal use only. Prints/ digital files shall not be submitted to contests, reproduced for commercial use, or authorized for any reproductions by parties other than the photographer. The Client must obtain written permission from the Photographer and compensate the Photographer prior to an event where the Client, the Client's friend, and/or Client relatives publish or sell the photographs.
11. Social Media. The Client may share blog post links, Instagram posts, and Facebook albums through the share functions and dissemination of direct links or in any other fashion the photographer provides. The client shall not copy, screenshot, or capture the photographs in any other fashion (e.g., saving or screenshotting on Facebook/Instagram). The client must credit/tag Emily Zoe Photography in any posts or shares of their own.
12. Capturing Desired Photographs. The Client(s) will be responsible for creating an Event Guide and/or Pinterest Board, if desired. The role of the Event Guide is to identify people/objects of whom/which specific photographs are desired and make certain that these subjects are available when needed. It is recommended that the client(s) develop a list of desired activities, locations, and subjects (family/ items, etc.) and share this with the photographer 2 weeks before the session. The role of a Pinterest Board is to create a visual representation of the ideal aesthetic, poses, and inspired actions/ sets for the session. The Photographer will NOT be held accountable for not capturing desired photographs if there is no assistance in identifying or gathering people/items/locations for the photograph(s). The parties agree to positive cooperation and communication to achieve the best possible result within the scope of this assignment. Emily Zoe Photography is not responsible for the failure of key individuals to be present or cooperate during the photography session, nor for missed images due to details not disclosed to Emily Zoe Photography. The Client is also responsible for paying any location fees or handling reservations tied to a specific desired location.
13. Sole Photography. It is understood that Emily Zoe Photography will act as the sole and exclusive photographer. Emily Zoe Photography reserves the right to bring one assistant at their discretion.
14. Failure to Perform. If the Photographer cannot perform this agreement due to illness, emergency, fire casualty, strike, unsafe environment, threat, act of God, or causes beyond the control of the Photographer, the Photographer will not be held liable for missing scheduled coverage. The photographer will arrive at the session to the best of their abilities. If coverage and photographic services cannot be fulfilled by Emily Zoe Photography, or the Photographer cannot identify a replacement, the Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer cannot deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. The limit of liability shall not exceed the contract price stated herein. Emily Zoe Photography will not be held responsible for any ruined photographs due to any cause in or outside Emily Zoe Photography’s control.
15. Digital Files & Prints. The Client acknowledges that by purchasing digital goods, they know how to handle the files. Digital files are turned over as full-resolution jpeg files. All files come with a print release and are recommended to be printed through the Photographer's chosen labs. If a client chooses to print through a lab other than the Photographer's, the Photographer cannot be held responsible for the quality of the prints. Due to the nature of cyber and digital security, the Photographer can not be held liable for any data leaks of images stolen or illegally obtained/ distributed.
16. Photographer’s Standard Price List. The charges in this agreement 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.
17. Limitation of Complaint. The client will have thirty days after gallery delivery to inform Emily Zoe Photography of any issues, discrepancies, technical problems, or other complaints regarding the photos, their quality, contents, or anything relating to session coverage. After this 30-day term has expired, Emily Zoe Photography will no longer be liable to the client for any corrections, damages, refunds, re-edits, or re-shoots. Re-edits after this term may be made if deemed appropriate by Emily Zoe Photography, but the hourly fee of $150 for retouching will be billed, with a minimum of one hour required.
18. Indemnification. The photographer shall be held harmless for any and all injury to the client during the course of the photography session and the immediately surrounding events.
19. Arbitration: Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $5,000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
20. Miscellany. This agreement incorporates the parties' entire understanding. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement