In the following conditions of contract the “Photographer” shall be Reel Productions or anyone on the media team. The “Client(s)” shall be those who appear on the contract.
Shall the client(s) arrange for a third party to meet the cost of the contract, the contract shall remain with the clients.
It is agreed that the following terms set out the total agreement made by the parties and that no variation or modification of said contract shall be affective unless agreed by both parties in writing.
1. Retainer – Upon booking, a non-refundable deposit of 25% of the entire service plus tax is due. The session Deposit secures the service date and time, as well as the price. The deposit will be applied to the total price. Other images and products are sold separately. If the client fails to make the required deposit, prices are subject to change at Reel Production’s discretion and the service date and time will not be secured.
2. Payment – The remaining 75% of the entire service plus tax is due in three payments before the scheduled service. The remaining balance will be split equally and due 90 days, 60 days and 30 days before the new scheduled service. If the client fails to make the remaining scheduled payments prior to the scheduled service, services will not be rendered and deposit will not be refunded.
3. Rescheduling/Late Arrivals – In the event that the Client requests to reschedule a session, the retainer shall be applied to a new session if notice is given at least 30-60 days prior to the scheduled event. The reschedule must be within the same calendar year. Reschedules can be made for emergencies, weather, sickness, and unforeseen circumstances. Due to the nature of the booking process and because you have reserved that time slot, rescheduling fees of $75 is applied if changes are made within 2 weeks of session date. Late arrivals will be treated on a case by case basis. Late arrivals will have the time deducted from their session slot if no time is available. Late arrivals are $40 after 20 minutes.
4. Cancellation – The decision to reschedule the service is left to the sole discretion of the Photographer. In the event the Client cancels the Photography Session the deposit is forfeited. The Photographer reserves the right to cancel the service due to unforeseen circumstances including, but not limited to: inclement weather, illness, emergency or any other conditions which the Photographer deems may adversely affect the quality of the service. In the event the Photographer cancels the service, a reschedule fee will be waived to reschedule a date that is agreed upon both parties
5. Copyright and Reproductions –The Photographer shall own the copyright in all images and or video 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 and/or studio.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. In the event the client does not want Reel Productions to reproduce or market any images or video(s) created there is a $500.00 fee for marketing purposes.
6. Model Release – Client authorizes Photographer to use photographs of me, my family members, attendees and or my property and authorize him/(her/their and his/her/their assignees), licensees, legal representatives and transferees to use and publish (with or without my name, company name, or with a fictitious name) photographs, pictures, portraits or images herein described in any and all forms and media and in all manners including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form on CDs or internet websites), for any product or services, or other lawful uses as may be determined by the photographer or studio name here. I further waive any and all rights to review or approve any uses of the images, any written copy or finished product.
7. Social Media – This clause applies to social media including, but not limited to Facebook, Instagram, and blogs. When published online it is required that a citation of Reel Productions is made. The client agrees that under no circumstances alter the Photographs or Videos that are placed in public or on the internet. As a media company we require that our work such as Photos, Videos, and or anything produced by Reel Productions be an accurate representation of said company so that future clients can have understanding of our brand and style. The client agrees to be responsible for any family member or friend who posts our photographs, video or media online and agrees that they cannot be cropped (with the exception of forced cropping on social media), remove logos, be altered in color, or edited in any way.
8. Expenses – Clients are responsible for all location fees and permits.
9. Itinerary – An itinerary must be provided to the photographer before the scheduled service or a timeline should be discussed and created between the Client and Reel Productions
10. Client’s Usage – The Client shall only use the prints, video, 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.
11. Retention of Delivered Files – Once the files are delivered to the client, it is the clients sole responsibility to protect and retain their images for the future. It is highly recommended that USB’s be duplicated and stored in multiple locations in cool dry areas. The Photographer agrees that replacement digital images can be requested up to one (1) year after date received for a fee. An additional USB may be requested up to 1 year for a fee. After one (1) year from received date the Photographer has the right to refuse to replace digital or USB copies of images ad files. Files may be re-sold if they are still stored and available.
12. Satisfaction and accuracy – The client agrees that the work that will be of a similar style and caliber of the photographs on our website and social media networks. The client agrees that the Photographer will have complete creative control during the service and in post-processing. The images will be delivered in JPEG format, and deemed appropriate by the photographer. No re-editing will be done after the edited copies are presented to the client. The client agrees that the Photographer can only capture what happens during the service, weather, location, schedule complications, time restraints and subjects ability to cooperate, are all factors in the quality of the Photographs and video. The Photographer will not edit to physical size, hair, nor any other physical appearance issues other than blemishes to a certain extent.
13. 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.
14. Photographer – The Photographer reserves the right to substitute with another photographer for emergencies. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
15. 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.
16. Travel and Overage Fees –The Client shall pay $50 per 30 miles outside the Zip Code of 75033.
17. 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 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 $500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
18. Indemnification – The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
19. 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 here under 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 the State of California.
20. Waivers – The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
21. 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.
22. Recording Devices – Recording devices such as cameras, video recorders, and cell phone cameras, are allowed with the permission of the photographer. Please ask before you begin to shoot.
23. Session Participants – Only those being photographed need to attend the photo session. Due to overwhelming stimulus and limited space, only clients being photographed are allowed to attend the session.
24. Cooperation – The Photographer is not responsible if the Client or child fails to cooperate during portrait sessions. The photographer is not responsible for undesired child mannerisms not limited to things such as: type of smile, crying, shyness, grumpy, non-cooperation, or refusal to take photos.
25. Reshoots – In the unlikely event that the Client is completely dissatisfied with the final results solely based on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client will receive the second session only, not both the first and second. In the unlikely event that there was a camera malfunction, Photographer will reshoot at no additional charge. If session cannot take place due to extreme weather conditions such as extremely high temperatures or unexpected storms, Photographer and Client will reschedule on an agreed upon date with no additional charge.
26. Insurance – Photographer maintains business liability insurance to protect Client from claims by the property owner for accidental damage Photographer may cause. Certification of insurance is available upon request. Specific requirements by the venue to list the venue as additional insured on Photographer's insurance policy must be requested at least 30 days prior to the event.
27 Delivery – Client understands images and video take 6 to 8 weeks for delivery. Unless there is an agreement in writing.
28. In the event there is a stay at home order or a government mandate closing due to COVID-19, you may re-schedule up to twelve (12) months after the original date. The services must be re-scheduled to any of our available dates. Your payment due dates will adjust to your new event date. Your retainer payment will be applied to your new event date. If re-scheduled the remaining balance will be placed into a new payment plan. The remaining balance will be split equally and due 90 days, 60 days and 30 days before the new scheduled service. You can put a soft hold on a new event date if you are unsure of the event date. If anyone else inquires about that date you will be notified and be given 72 hours to decide if you would like to officially re-schedule services for your event date.
29. Execution – Digitally signing this agreement has the same effect as manually signing a paper original.