My Terms & Conditions Photography Contract

By working with ASHLEY ADRINNE STUDIOS, you agree to the following: 

1. Scope of Work: This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the dedicated time and place. PHOTOGRAPHER and CLIENT are to arrive for the SHOOT.

2. Retainer and payment: Upon your agreement, PHOTOGRAPHER will reserve the time and date agreed upon, and will not make other reservations for that time and date. The CLIENT shall make a non-refundable retainer of 100% full payment to the PHOTOGRAPHER to perform the services specified before the start of the shoot at the online checkout.  Upon payment, PHOTOGRAPHER will reserve the time and date agreed upon by both parties exclusively for you. The full amount must be paid the day the photographer sends the contract email. No services will be made until full payment is made. In the event that payment is dishonored after payment has been made, no photos shall be released until a substitute full payment is made and clear funds have been received.

3. Work Product: All photographs will be shot in digital format. Digital photos will be made through a google link available for download no later than 14 days after the shoot date. Photos will be delivered as high-resolution files in an online google gallery. When the online gallery is delivered, it shall remain open for 14 days from delivery date. Requests for additional photographs or changes to images shall be made within 14 days following delivery of the online gallery. Be advised that RAW files may be destroyed at any time after the online gallery has closed. The CLIENT may not download raw images from the online gallery. Client will receive 3 final photos per shoot. Extra edit at an additional fee of $40 per edit. 

4. Rescheduling/Late Arrivals: 

4.1 - In the event that the CLIENT requests to reschedule its session on account of illness, emergency, act of God or any cause outside its control, the retainer will be applied to a rescheduled session provided that notice is given at least 2-5 days prior to the scheduled PHOTOSHOOT (or reasonable notice in the case of an emergency). 

4.2 - Requests to reschedule by CLIENT for any reason other than a reason under clause 4.1 is at the discretion of PHOTOGRAPHER. 

4.3 - If there is inclement weather during the time and date of scheduled shoot, PHOTOGRAPHER and CLIENT can agree to reschedule the shoot for another day. 

4.4 - The rescheduled session must be within 2 weeks of the original session date (or a longer period as agreed by PHOTOGRAPHER and Client in writing) and is subject to the availability of PHOTOGRAPHER. Any Client that is late arriving to the session will have the remaining amount of time allotted for the session. All additional time if available beyond the scheduled end time will be billed to the Client . 

4.5 Client is to arrive on time or will be subject to a late fee of $50 after 15 minutes of being late. After 25 minutes, services will be canceled and PHOTOGRAPHER will keep the non-refundable payment. 

5. Cancellation: If Client cancels this agreement, giving less than 48 hours notice prior to the date of the PHOTOSHOOT or fails to show on time, all payments made to PHOTOGRAPHER will be forfeited and released to PHOTOGRAPHER unconditionally. 

6. Indemnification: 

6.1 - The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, restrictions of the locations. 

6.2 - Unless specifically requested in writing prior to the commencement of the PHOTOSHOOT, the PHOTOGRAPHER is not responsible under this agreement: for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage; for missed coverage of any part of the PHOTOSHOOT; or for failure to deliver images of any specific individuals or any specific objects at the PHOTOSHOOT. 

6.3 - If PHOTOGRAPHER is unable to perform the services in this contract due to illness, emergency, fire, casualty, strike, unsafe environment, threat, act of God or any cause outside its control: PHOTOGRAPHER will reschedule and include one free edit for the inconvenience. 

6.4 -PHOTOGRAPHER reserves the right to substitute with another photographer in the case of failure to perform as stated above. The substitute photographer is chosen at the discretion of the PHOTOGRAPHER and does not constitute a breach of this agreement. PHOTOGRAPHER warrants the substitute photographer to be of comparable quality and professionalism. 

6.5 - If 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, the PHOTOGRAPHER will not be liable for any consequential loss arising from the non-delivery, and the liability of the Photographer to the Client should be limited to the repayment of amounts paid to the PHOTOGRAPHER under this Agreement. 

6.6 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this PHOTOSHOOT 14 days after the online gallery has been delivered to CLIENT. CLIENT will have 14 days after gallery delivery to make PHOTOGRAPHER aware of any issue, discrepancy, technical problem or any other complaint regarding photos, their quality and contents, or anything relating to session coverage. After this 14- day term has expired, PHOTOGRAPHER will no longer be liable to CLIENT for any corrections, damages, refunds, re-edits or re-shoots. Re-edits after this term may be made by PHOTOGRAPHER if requested by CLIENT however CLIENT will be billed the amount and a half for a re-edit per edit. 

6.7 – CLIENT agrees to indemnify and hold PHOTOGRAPHER harmless for any and all personal injury which may occur during the course of the photography session and the immediately surrounding PHOTOSHOOT (including any personal injury arising from or connected with any negligent act or omission on the part of PHOTOGRAPHER). 

6.8 – CLIENT agrees to indemnify PHOTOGRAPHER and keep it harmless from and against all losses and claims, proceedings, action for damages, compensation, expenses, losses, legal costs (on an indemnity basis), contribution, indemnity or any other legal, equitable or statutory remedy arising from or in connection with this agreement. 

6.9 – PHOTOGRAPHER retains the right of discretion in selecting the photographic materials released to the client.

6.10 - The final post production and editing styles, effects, and overall look of the images are left to the discretion of the CLIENT and PHOTOGRAPHER . The CLIENT is invited to include suggestions on how the overall image should look. 

6.11 - PHOTOGRAPHER reserves the right to terminate coverage and leave the location of the PHOTOSHOOT if the photographer experiences inappropriate, threatening, hostile or offensive behavior from anyone at the PHOTOSHOOT; or in the event that the safety of the photographer is in question. If PHOTOGRAPHER leaves the PHOTOSHOOT in accordance with this clause, PHOTOGRAPHER will not be liable to refund any amount to CLIENT, but will be obliged to provide CLIENT with photographs taken by PHOTOGRAPHER prior to PHOTOGRAPHER leaving the PHOTOSHOOT. 

7. Timeline and Schedule: 

7.1 The client agrees to confirm the schedule 2-5 days prior to the PHOTOSHOOT. Notification of any changes in schedule or location must be made in a timely manner 2-5 days prior to the shoot and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT. The PHOTOGRAPHER is not responsible for creating or managing the timeline on the day. If there is a change of address, CLIENT will be responsible to pay the new travel fee.

8. Permissions and permits: CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, national parks or other locations. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent the PHOTOGRAPHER from photographing the PHOTOSHOOT is not the fault, liability, or responsibility of the PHOTOGRAPHER and CLIENT agrees: To pay to the PHOTOGRAPHER an amount equal to any fine which may be imposed upon PHOTOGRAPHER as a result of the CLIENT’s failure to obtain any required permission; and not to make any claim (including a claim for the repayment of any money paid under this agreement) arising out of or connected with any failure on the part of CLIENT to obtain any required permission. 

9. Exclusive Photographer: CLIENT agrees and understands that if the CLIENT would like to have other parties then those being photographed (i.e. a videographer, makeup artist, friend, etc) at the photoshoot, CLIENT must inform PHOTOGRAPHER 2-5 days before the shoot to receive approval. CLIENT agrees and understands that if other parties other than PHOTOGRAPHER and the PHOTOGRAPHER'S assistant takes any behind the scene photos then it must be done so without compromising the overall flow of the photoshoot. CLIENT agrees to do all things reasonably requested by PHOTOGRAPHER to ensure that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations. PHOTOGRAPHER has the right to cancel services and keep payment at any time if not upheld.

10. Copyright and Model Release: 

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, social media and/or studio. CLIENT releases PHOTOGRAPHER from all claims and liability in relation to the photographs and any use by PHOTOGRAPHER which is consistent with this agreement. If the PHOTOGRAPHER desires to make other commercial uses of the images to promote the commercial interests of any business other than the PHOTOGRAPHER’s own business, the PHOTOGRAPHER shall 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 without the written permission in a contract form of the PHOTOGRAPHER.

11. Social Media and Personal Use License. 

In consideration of the payment of monies due under this agreement, PHOTOGRAPHER grants CLIENT a perpetual non-exclusive license to print or to reproduce images downloaded from the photo gallery or delivered by the PHOTOGRAPHER as follows:

1. CLIENT may share the web or high res FINAL photos delivered by the PHOTOGRAPHER on CLIENT’s personal and business social media accounts, provided that in each such post CLIENT and other parties involved (i.e. videographer, makeup artist, friend, etc) must credit and tag PHOTOGRAPHER. If client is reserved about tagging, client will receive watermarked photos.

2. This license does not permit CLIENT to screenshot poor quality images, or edit or alter photos in any way, or to do any other act which would infringe PHOTOGRAPHER’S moral rights. 

12. Pricing & Additional Products: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. Credit vouchers have no intrinsic cash value and may only be applied toward products or services purchased. 

13. Raw Photos: PHOTOGRAPHER does not provide raw photos nor releases the right for any manipulation of any RAW OR FINAL photos by any other party. Raws/proofs shall not be shared with the public.