Client Agreement

First, Middle, Last

(000)000-0000

Street Address City, State Zip-Code

Month/Day/Year

Ways to get people (adults and kids alike!) to smile? Favorite songs/characters/TV shows/games your kids like? Would you be offended if "Mr. Fart Shark" came out during our session to help with laughs and smiles? Any information to help me get to know you and your family a little better is greatly appreciated! If this is for a couples or engagement session, please tell me a little bit about yourselves, your story, and things you enjoy doing together.

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PHOTOGRAPHY AGREEMENT

Photographer: RoniLynn Shrout

Client: Person(s) whom is booking a session with Green Mountain Rose Photography


This agreement is between the Client, and [RoniLynn Shrout Photographer].


1. Retainer and Payment. The Client shall make a non-refundable retainer of $50.00

to the Photographer to perform the services specified herein. Upon payment,

Photographer will reserve the time and date agreed upon by both parties exclusively

for you. Please make check payable to Green Mountain Rose.


2. Cancellation. If Client requests to amend or cancel this agreement 14 or more

calendar days before the session date, the retainer shall be applied a mutually

agreed upon reschedule date. If Client cancels this agreement, or fails to show, this

agreement 14 or less calendar days before the session date, the retainer shall be

forfeited. Client understands and agrees that Photographer will not book other

sessions during this time. In the event that Client cancels the portrait session or fails to

attend the session on the Session Date, for any reason, Photographer shall suffer losses

that are difficult to ascertain.


3. Rescheduling/ Late Arrivals. In the event that the Client requests to reschedule a

session, the retainer shall be applied to a reschedules session if notice is given at

least 14 days prior to the schedule event. Reschedule must be within the same

calendar year. Any Client that is late arriving to the session will have the amount of

time late deducted from the time allotted for the session.


4. Artistic Rights. The Photographer retains the right of discretion in selecting the

photographic materials released to the client.


5. 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

2-3 weeks of the session. If an online proofing gallery delivered, it shall remain open

for 120 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $20 un-archival fee shall apply.


6. 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, 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 written permission of the

Client. 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 written

permission of the Photographer.


7. Client’s Usage. The Client shall only use the prints, including digital files, in

accordance with the permissions within this agreement. The Client’s prints are for

personal use only and shall not be submitted to contests, reproduced for commercial

use or authorize any reproductions by parties other than the Photographer. If the

Photographer provides a digital file print release, the Client must act in accordance

with the release.


8. Social Media. The Client may share blog post links and Facebook albums through

use of the share functions and dissemination of direct links. Client shall not copy,

download, screen shot, or capture the photographs in any other fashion.


9. Failure to Perform. If the Photographer is unable to perform this agreement due to

illness, emergency, fire, casualty, strike, act of God or causes beyond the control of

the Photographer, the Photographer and Client shall make every attempt to

reschedule the session. If a reschedule is unable to be agreed upon, Photographer

shall return the retainer to the client and shall have no further liability. Further, if

the Photographer is unable to 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.


10. Photographer. The Photographer reserves the right to substitute with another

photographer. The substitute photographer is chosen at the discretion of the

Photographer and does not constitute a breach of this agreement. The Photographer

warrants the substitute photographer to be of comparable quality and

professionalism.


11. 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.


12. Travel and Overage Fees. The Client shall pay .50 per mile for travel 30 or more

miles outside the Zipcode of 05602.


13. 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 $200. In no event shall

an award in an arbitration initiated under this clause exceed the contracted price of

the controversy in dispute.


14. Indemnification. The Photographer shall be held harmless for any and all injury to

client during the course of the photography session and the immediately

surrounding events.


15. Miscellany. This Agreement incorporates the entire understanding of the parties.

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. This Agreement shall be governed by the laws of the State of VT.


16. Attorney’s Fees. If either party to this Contract brings a legal action against the

other party to this Contract to secure the specific performance of this Contract,

collect damages for breach of this Contract, or otherwise enforce or interpret this

Contract, the prevailing party shall recover reasonable attorney’s fees and all costs,

premiums for bonds, fees, and other expenses expended or incurred in the action in

addition to any other relief that may be awarded