This is a contractual agreement between Octamedia (referred as “Photographer”) and you (referred as “Client”). In order to book a headshots photo session, you must agree to the terms and conditions below.
DEFINITIONS: This contractual agreement is by and between Octamedia (“Photographer”) and the commissioning party (the “Client” named on the front of this Agreement , which includes Client’s representatives). Photographer’s relationship with Client is that of an independent contractor. “lmage(s)” means the visual and/or other forms of materials or digital information supplied by Photographe to Client. Photographer is the sole creator of the Image(s).
RETAINER FEE: A non-refundable retainer is required for each session. In the event of a cancellation by Client, the retainer paid is non-refundable. The remaining balance is due at the time of your photo session.
LATE ARRIVALS: If Client is late, this will reduce the time for the session. If Client arrives more than 15 minutes late, Photographer reserves the right to cancel the session and Client will lose the retainer.
RE-SHOOTS: Re-shoots are determined at the discretion of the photographer if Client is not satisfied with the results. Re-shoots will not be considered because of the choice of clothing, make-up, hair, or not Client not following the directions of recommendations of Photographer.
FAILURE TO PERFORM: If Photographer cannot perform this Contract due to illness, emergency. fire, strike, act of God, or other cause beyond his control, 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. This limitation on liability shall also apply in the event that photographic materials are damaged, corrupted in camera or in processing, or otherwise lost or damaged without fault on the part of the Photographer. In the event Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
ARCHIVAL OF THE IMAGES: All images will be available for one (1) year following the shooting date. After one (1) year, all images might be purged from photographer’s media storage devices. Photographer will not be held responsible for loss or damage to the digital files due to circumstances beyond his control.
MODEL RELEASES: Client gives permission to Photographer to use the images (or variations of the images) for self-promotion purposes without compensation. Photographer will not license the usage rights to any third party without asking Client and getting his consent, verbal or in writing.
COPYRIGHT & PENALTY: Photographer retains all copyrights to all images created during the photo session, but shall grant a license to the client to reproduce and publicly display the licensed images. The license terms will be included in the invoice. Unless agreed differently in writing, license is to use the final pictures for an unlimited time in all medias by Client, except for paid-space advertising.
LIABILITY: 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. Photographer is not responsible for any injuries inflicted upon any participating parties. Client will be responsible for himself or anyone who might accompany him and will release Photographer from any claims against his person or his business.
MISCELLANEOUS: This Agreement sets forth the entire understanding and agreement between Photographer and Client regarding the Service(s) and/or the Image(s). This Agreement supersedes any and all prior representations and agreements regarding the Service(s) and/or the Image(s), whether written or verbal. Neither Photographer nor Client shall be bound by any purchase order, term, condition, representation, warranty or provision other than as specifically stated in this Agreement. No waiver or modification may be made to any term or condition contained in this Agreement unless in writing and signed by Photographer. Waiver of any one provision of this Agreement shall not be deemed to be a waiver of any other provision of this Agreement. Any objections to the terms of this Agreement must be made in writing and delivered to Photographer within ten days of the receipt of this Agreement by Client or Client’s representative, or this Agreement shall be binding. Notwithstanding anything to the contrary, no Image(s) may be used in any manner without Photographer’s prior written consent, and Client’s holding of any Image(s) constitutes Client’s complete acceptance of this Agreement. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the state of Photographer’s principal place of business, excluding the conflict of law rules of that state. All paragraph captions in this Agreement are for reference only, and shall not be considered in construing this Agreement. This Agreement shall he construed in accordance with its terms and shall not be construed more favorably for or more strongly against Photographer or Client.