Photography

Contract

This Agreement is between the individual, hereby referred to as Client, and Brand New Vous, hereby referred to as Vendor. Collectively, all of the above people or businesses entering this Agreement will be referred to as the Parties. 

Purpose of the Agreement

Client wishes to hire Vendor to provide services detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.


Terms

Services

Vendor shall provide Client with the following service(s) and/or products ("Services"):

Promotional Session

  • One person
  • Twenty (20) min. session
  • One (1) location
  • One (1) outfit 
  • Up to five (5) professionally retouched images
  • Seven (7) day turnaround
  • Online gallery delivered via email

Mini Session

  • One person
  • Thirty (30) min. session
  • One (1) location
  • One (1) outfit
  • Up to fifteen (15) professionally retouched images
  • Seven (7) day turnaround
  • Online gallery delivered via email

Standard Session

  • One to two (1-2) people
  • One (1) hour session
  • One to two (1-2) locations
  • One to two (1-2) outfits
  • Up to twenty-five (25) professionally retouched images
  • Seven (7) day turnaround
  • Online gallery delivered via email

Location and Delivery of Services

Location

Vendor shall deliver Services to Client at the following location(s) unless otherwise specified in this Agreement:

  • San Francisco Bay Area

Delivery of Services

Vendor will provide all Services outlined in this Agreement and agreed to by both Parties. When the provided Services are tied to the number of guests, Client agrees to notify Vendor with an accurate head count.

Photographic Materials

All photographic materials, including but not limited to proofs and previews, shall be the exclusive property of the Vendor. No products, including digital files, will be released until the agreed upon Total Cost is paid in full by the Client per the payment agreement.

Online Gallery

The Vendor shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the client within seven (7) business days. Vendor is not responsible for lost images once given to the Client.

Deposit and Payment

Payment

The Total Cost ("Total Cost") for all Services is due in full by the date of the session. Client shall pay the Total Cost to Vendor as follows:

  • The Client shall make a non-refundable, 50% deposit* for the Vendor to perform the specified services outlined in this Agreement.
  • The remainder of the Total Cost must be paid by the Client prior to or on the date of the photography session.*

Deposit

Upon payment of the deposit, the Vendor will reserve the time and date agreed upon by both Parties.

The first payment of the Total Cost is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Vendor for committing to provide the Services and turning down other potential projects/clients.

Cancellation

If the Client fails to show or cancels less than seven (7) calendar days before the agreed upon session date, the deposit of the Total Cost shall be forfeited and a new deposit and Agreement will be required to secure a new session.**

Exclusivity

Exclusivity

Client understands and agrees that he or she has hired the Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

Intellectual Property

Copyright Ownership

In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces, including but not limited to all images in their original and processed formats, pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor's business.

Reproduction

The Client understands that any duplication or alteration of original images is strictly prohibited without the express written permission of the Vendor. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. If any of these actions are performed the Vendor reserves the right to request the photo(s) be removed. The Vendor will grant the Client with permission to resize photographs for Internet-based usage.

Permitted Uses of Product(s)

The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this contract. The Client's prints are for personal use only and shall not be submitted to contests or reproduced for commercial use without express written approval by the Vendor. Additional prints and/or digital files may be purchased between third parties and the Vendor with the permission of the Client. If the Vendor provides a digital file print release, the Client must act in accordance with the release. If the photos are shared on social media by the Client or a third-party, the Client is responsible and agrees to properly provide credit to the Vendor.

Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor's property. Personal use includes, but is not limited to, use within the following contexts:

  1. In photos on Client's personal social media pages or profiles; or
  2. In personal creations, such as a scrapbook or personal gift; or
  3. In personal communications, such as a family newsletter or email or holiday card.

Model Release

Client grants permission to Vendor and its assignees, licensees, and sublicensees, permission to use Client's image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, Vendor may use Client's likeness and image on Vendor's website, social media and/or other advertising. Vendor may sell photos containing Client's likeness to third parties.

Artistic Release

Style

Client has spent a satisfactory amount of time reviewing Vendor's work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency

Vendor will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Vendor's current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Every Client and session is different, with different tastes, budgets, and needs;
  2. Services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;
  3. Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client's suggestions;
  4. Although Vendor will use reasonable efforts to incorporate Client's suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;
  5. Dissatisfaction with Vendor's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Artistic Rights

The Vendor retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of a pre-determined and agreed upon minimum number of photographs to select from and shall not receive any photographic materials not presented to the Client. Only edited images will be delivered to the Client. No unedited images will be delivered to the Client. The Vendor has the right to decline any requests by the Client to edit any specifically requested images that the Vendor deems not up to par with the rest of the work. The Vendor has the right to decline any "extreme" editing requests, such as, but not limited to: background changes, added effects, and body modification. The Vendor also retains the right to make adjustments to the photographs in post-processing as the Vendor deems within their creative control. No re-editing will be done after the final edited copies are presented to the Client.

Limit of Liability

Maximum Damages

Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.

Loss of Product

In the unlikely event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.

Indemnification

Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.

Cancellation, Rescheduling, and Late Arrivals

Cancellations and No-Shows

If Client desires to cancel Services or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the session to occur or failure of one or more essential parties to the to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client's cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services failing to show up for the session, or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for, then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost. 

Rescheduling

In the event that the Client requests to reschedule a session with more than seven (7) days notice the deposit will be applied to a rescheduled session. Rescheduled sessions must occur within thirty (30) calendar days of the originally scheduled session date. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.

Late Arrivals

If the Client is more than ten (10) minutes late to shoot, the Vendor retains the right to cancel the session. The non-refundable deposit shall not be returned and the Client is responsible for paying the remaining balance. It is the Client's responsibility to make sure they arrive on-time. Traffic is not an acceptable excuse for lateness. Client shall not be compensated for the time deducted from the session due to late arrival by the Client.

Impossibility

Force Majeure

Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
  2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
  3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services

In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
  2. Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
  3. Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

Governing Law

The laws of govern all matters arising out of or relating to this Agreement, including torts.

Severability

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

Merger

This Agreement constitutes the final, exclusive agreement between the Parties relating to the and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Amendment

The Parties may amend this Agreement only by the Parties' written consent via proper Notice.

This contract is between the Vendor, Brand New Vous, and the Client: *
This contract is between the Vendor, Brand New Vous, and the Client:
Phone *
Phone
Entered into on *
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Today's date
Date of Session *
Date of Session
Start Time *
Start Time
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*Forms of payment accepted for sessions and/or products are PayPal and Venmo.

**After the seven (7) day grace period, cancellations and/or reschedules are not permitted unless it is raining or there is a weather advisory at/for the time of the session (low temperatures are not considered grounds to reschedule), in which case it will be rescheduled a minimum of 24 hours before the session. Any rescheduled sessions will be at the sole discretion of the Vendor.