PHOTO CONTRACT
CLIENT CONTRACT PAGE
Let’s get down to business!
By filling out the form below, you are agreeing to electronic signature of the Perfect Salt Studio Client Portrait Contract for your upcoming photo session. If you have any questions, please contact Carli at carli@perfectsaltdesign.com!
Read all the contract information listed on this page.
Complete the form at the bottom of this page.
When I receive your form, I will send a copy to the email listed in your form,
Important: I cannot take your photos without this contract being completed first! Please complete your contract at least 24 hours before your session. If you have not completed your contract, I will contact you and ask you to reschedule. Thanks for helping me keep my small business going smoothly!
Perfect Salt Studio Portrait Contract 2021-2022
This agreement is between the Client, whose name and address is listed in the form below, and Photographer [Carli Rohner / Carli Rohner Creative LLC, DBA Perfect Salt Studio].
1. Retainer and Payment. Client will pay a total fee of $275 to Photographer prior to beginning the portrait session, unless payment for mini or specialty session has already been made. Please contact Photographer at carli@perfectsaltdesign.com if you have any questions regarding payment. Session will not take place if payment is not received.
2. Cancellation.
If Client requests to amend or cancel this agreement 7 or more calendar days before the session date, the retainer shall be applied to a mutually agreed upon reschedule date.
If Client cancels this agreement t 6 or less calendar days before the session date, or fails to show to their session, 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 7 days prior to the schedule event. Rescheduled session date must be within the same calendar year as the original 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. Session will still end at regularly scheduled time. (For example: If your session is 1 hour and you arrive 30 minutes late, your session will last for 30 minutes).
4. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. These images are the very best work Photographer has to offer, and are fully edited with the highest standard of quality. This means photos will be adjusted for light, color and crop. Client understands that they may not alter the images in any way, as this is a copyright infringement. This includes the use of cropping or social media filters.
Client understands that no image is guaranteed. Some images may be retouched, but if there is specific retouching required by the client in addition to what Photographer has provided, client understands that Photographer has the right to charge hourly for additional work to photos (as in removing people from photo, ect.) Hourly retouching rate is $150, with a minimum of 1 hour billed.
Client will assist and cooperate with Photographer in obtaining any requested photographs, such as specifying the people and location to be photographed; assisting the photographer in posing at the photographer's direction; pre-consultations, etc. Photographer is not responsible for photographs that are not taken due to clients' failure to be cooperative, communicative and of reasonable assistance.
5. Photographic Materials. All photographic materials, including but not limited to negatives, original RAW files, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.
6. Delivery. Digital files shall be available to the Client within three (3) weeks of the session (unless otherwise agreed upon in writing), via an online delivery system like Dropbox or similar platform. If an online proofing gallery is delivered, it shall remain open for 60 days from delivery. If the Client requests to extend the time that images are available online, or reopen the online proofing gallery, a $20 fee shall apply.
Client will have fifteen 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 the session. After this fifteen 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 if deemed appropriate by Photographer, but the hourly fee of $150 for retouching will be billed with a minimum one hour required for billing.
7. Copyright and Reproductions. The Photographer shall own the copyright to all images created and shall have the exclusive right to make reproductions for, including but not limited to: social media websites (Facebook, Instagram, etc.) 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.
8. 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.
9. Social Media. The Client may share digital images provided on personal websites or social media platforms (including Instagram, Facebook, Vero, Tumblr) if credit is given to the Photographer, and no additional edits (cropping, watermarks, filters, stickers, etc.) are used on the image.
Client agrees to not copy, download, screen shot, or capture the photographs in any other fashion.
If Client cannot share images of minor children on social platforms (such as Facebook) due to concerns regarding privacy in instances such as adoption, foster-care provision, etc., please make this known to photographer prior to the photo session.
Photographer may use client’s name (either first, last or combination) when sharing images on social media sites. If Client has a preference about how their name and pronouns are used in conjunction with their image online, they will make this known to Photographer prior to their scheduled session.
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.
10. 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.
11. Photographer. For weddings and other event photography, the Photographer reserves the right to substitute with another photographer in the instance the Photographer becomes ill or incapacitated. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. Every available means will be used to contact the Client prior to scheduling the substitute photographer prior to the event. 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 .52 per mile for travel 30 or more miles outside the Zip code of 97304 (NOT APPLICABLE FOR MINI SESSIONS). For weddings and other portrait sessions that require overnight or out of state travel, Client is responsible for the following costs:
Airfare
Hotel/lodging costs
Per diem (standard rate for the location being traveled to)
If these additional costs apply to Client’s portrait session, they will be itemized in the invoice sent to Client by Photographer.
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 (located in Salem, Oregon) 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 and client’s guests during the course of the photography session (including wedding) and the immediately surrounding events. Photographer is not responsible for any and all damages or injury to client traveling to/from a session in their own private vehicle. Photographer is not responsible for Client’s lost or stolen personal items during session.
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 Marion County in the State of Oregon.
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.
17. COVID-19 Clause: Due to Covid-19, Photographer has implemented additional safety procedures for each session.
Clients that are ill (including fever), have had known contact with a person/persons that have tested positive for Covid-19 in the last two weeks, or have tested positive for Covid-19 themselves are required to notify Photographer and reschedule prior to session. Rescheduling will occur at no additional fee, we want to make sure that everyone is safe and healthy!
Clients that meet any of the above-mentioned Covid criteria and fail to reschedule their portrait session will not be eligible for a refund or rescheduled date.
Photographer has been fully vaccinated as of April 2021, and is happy to provide proof of vaccination (vaccination card) at time of session if Client requests.
Until further notice, all sessions will be held outside, or in spaces that provide adequate ventilation to reduce the transmission of Covid-19.
Photographer will comply with CDC, Oregon OSHA, and other required mandates for reducing the transmission of Covid-19.
Photographer will utilize a “long” lens in order to maintain CDC recommended spacing of at least 6 feet from Client(s). If for some reason another, shorter lens is required for the intended shot, Photographer will first ask Client is comfortable with Photographer moving within six feet, and if Client would prefer the Photographer to wear a CDC recommended face-covering/mask.
Any personal contact (fixing hair, hugging, handshakes, etc.) between Photographer and Client will be limited during session.
Unless Client is notified otherwise, Photographer will only schedule one session per day to ensure appropriate spacing between sessions.
Clients that arrive to a session and are demonstrating signs of illness (such as persistently coughing, running a fever, or otherwise ill) will have their session canceled. Photographer maintains discretion about if session will be rescheduled. Clients that attend a session and are ill will not be eligible for a refund.
Photographer will follow current CDC, and Oregon Health Authority guidance. If State or Federal requirements prohibit your session from taking place, Photographer will notify Client with as much advance notice as possible, and work with Client to reschedule at no additional fee.