Koontz Photography & Design Portrait Photography Contract - 1 Koontz Photography & Design PORTRAIT PHOTOGRAPHY CONTRACT 386-490-5716 | Daniella@KoontzPhotography.com 2510 Gardenia Rd | DeLand, FL 32724 www.KoontzPhotography.com
Session Date:
Session Time:
Client First Name:
Client Last Name:
Session Location:
Cell:
Address:
Email:
City/State/Zip
Parent of Minor:
SESSION DETAILS: Number of People:
Hours:
Retainer: $50.00
Rate: Balance Due:
Payment Method: Product
Price
Digital Download of all post-processed images
$100.00
Dvd with custom CD case
$250.00
BALANCE:
TAX (6.5%)
Amount
TOTAL:
I have read and understood the terms below. I hereby agree to the terms of this agreement
Signed - Client responsible for payment
Printed Name Initials: ______________
KPD Initials ________________
Date
Koontz Photography & Design Portrait Photography Contract - 2 ENTIRE AGREEMENT: This agreement contains the entire understanding between “Koontz Photography & Design” and ____________________________________________ (“THE CLIENT”). It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, and providing the document is signed by all the relevant parties. 1. METHOD OF REMUNERATION: Payment may be made in cash, cashiers check, personal check (made out to “Koontz Photography & Design” or “Daniella Koontz”), Paypal (with a 3% processing fee) and Credit Cards (with a 3.5% processing fee). Volusia County sales taxes are not included in the product price.
2. PENALTY FEES & CHARGES: A $25.00 fee will be assessed to any checks that bounce or are returned to “Koontz Photography & Design.” If THE CLIENT has to cancel the session, all attempts will be made by “Koontz Photography & Design” to reschedule the session. If no session can be scheduled, the retainer fee is forfeit.
3. PROOF DELIVERY: After the session, “Koontz Photography & Design” will upload the proofs to www.KoontzPhotography.SmugMug.com. Uploading of proofs will take up to 2 weeks. The proofs will only be uploaded after the remainder of the amount has been paid.
4. GUEST COOPERATION: “Koontz Photography & Design” will not tolerate verbally or physically abusive behavior, nor will it share its time or compete with guest photographers for the attention of the subjects. The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. “Koontz Photography & Design” is not responsible for key individuals’ failure to be present or to cooperate during photography sessions, neither for missed images due to details not revealed to “Koontz Photography & Design”. “Koontz Photography & Design” will not be held liable for any injuries incurred to THE CLIENT or to any guests posing for photographs. “Koontz Photography & Design” may suggest where people might stand or sit, but each person is responsible for their own safety while doing so. THE CLIENT or any guests may decline to take part in any poses where they feel their safety is at risk.
4. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, the digital work files in .jpg format (“digital negatives”) and prints produced by “Koontz Photography & Design” are protected by Copyright Law (all rights reserved) and may not be commercially reproduced in any manner without “Koontz Photography & Design’s” explicit written permission. Upon purchase by THE CLIENT, limited copyright ownership of the resulting images will be transferred to THE CLIENT under the following conditions: · The digital negatives and/or prints are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives. The original digital .jpg images THE CLIENT purchased may be used to print images from professional print labs. This limited copyright ownership is for THE CLIENT only, and does not include family members. Family and friends may purchase prints from www.KoontzPhotography.SmugMug.com · THE CLIENT must obtain written permission from, and compensate “Koontz Photography & Design” prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit, or use in commercial advertising.
6. GUARANTEE: “Koontz Photography & Design” takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond “Koontz Photography & Design” control, the latter’s liability is limited to the return of all payments received.. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
MODEL RELEASE: THE CLIENT hereby assigns and grants “Koontz Photography & Design” and its legal representatives the irrevocable and unrestricted right to use and publish photographs of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases “Koontz Photography & Design” and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that “Koontz Photography & Design” may display and use the photographs taken during the session for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, website advertising, magazine advertising and any other purpose thought proper by “Koontz Photography & Design”.
Initials: ______________
KPD Initials ________________