Headshot & Portrait Shoot Agreement
Terms of service
01. Summary: This agreement is between the Photographer and the Client as detailed below: Top Flyt Media, LLC doing business as 321headshots.com (referred to hereafter as “Photographer”). and the Client, (referred to hereafter as “Client”} as described in Client’s Appointment Form. This contract is for services and products related to a photography shoot (hereafter “shoot” or “photoshoot”) to take place at the time and place specified in Client’s Appointment Form.
02. Photographer’s Responsibility: Photographer is responsible for providing Client a photographic service as detailed on Client’s Appointment Form. Client undertakes to engage Photographer for this coverage for the rate and coverage agreed by both parties.
03. Capacity/Independent Contractor: In providing the Services under this Agreement it is expressly agreed that Photographer is acting as an independent contractor and not as an employee. Photographer and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
04. Cooperation: The Client and Photographer consent to happily cooperating and communicating with each other to achieve the best possible result within the understanding of this contract.
05. Pre-Event Consultation: This normally happens at the time of booking. The Client will outline broadly what is required and Photographer will advise on planning, logistics and timings where needed. If required, the Client is welcome to call/email Photographer on 310-428-1476 and firstname.lastname@example.org closer to the time of the shoot (about 2 weeks) to iron out any remaining details. In any case Client will be contacted by phone/email a few days before the shoot to ensure that there have been no last minute changes.
06. Payment Arrangement: Client will pay Photographer the total retainer specified and any pre-shoot purchase of photographic products, plus excess mileage and/or lodging. The Non-Refundable Retainer is due at the time of booking. For photoshoots beyond 15 miles of the 90036 zip code, Client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of $0.565 per mile and will be clearly presented on Photographer’s Invoice to Client. The balance of the payment for photography services is due to be paid in full no later than 48 hours after the delivery of digital proofs by Photographer. Payments made any later than 14 days after the due date shall be subject to monthly interest charges of 5% of the package rate.
07. Lodging: In the event that Lodging is necessary in order to complete the agreed upon photoshoot Client agrees to agrees to pay all lodging expenses prior to the shoot.
08. Cancellations: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. 321headshots.com has a 48-hour cancellation policy on all of our shoots, unless otherwise stated. Client agrees to pay Photographer a non-refundable initial payment totaling 50% (fifty-percent) of the total price of the photography services upon signing this contract. The initial payment reserves Photographer’s time and Photographer agrees to not advertise availability of this same time slot to any other potential clients. For this reason, in the event that clients have to cancel the contract for any reason, all monies paid shall be retained by Top Flyt Media in order to offset our loss of business. If the Client cancels this shoot for any reason within 48 hours of the event date, Client will forfeit their initial payment and the 50% paid to book the photoshoot will act as a cancellation fee.
09. Cancelling Larger Shoots: For larger customized shoots that require extra staffing and rented equipment and/or venues, Client is responsible for payment of all expenses incurred up to the time of cancellation of the assignment (unrefunded equipment/studio rental fees, independent contractor, photographer, assistant, catering, and any other fees Of course, we strive to work with companies and contractors that are flexible enough to accommodate our 48 hour cancellation policy. 321headshots will notify you of any such conflicts in cancellation policies if and when they arise, so in this case, no news is good news.
10. Rescheduling: Client’s cancellation fee can be credited towards a future date for the same shoot. Rescheduling of customized shoots that require extra staffing and rented equipment and/or venues will be handled on a case to case basis, and Client will be notified of the terms upon booking your session. Fees for cancellations and postponements will apply irrespective of the reasons for them, specifically including but not limited to weather conditions, acts of God, nature, war, terrorism, civil disturbance, and the fault of a third party.
11. Really, EVEN The Weather?: Living in Los Angeles, we have the hot summer, and the cold summer, but it’s pretty much summer all year long. That being said, we do still get about 30 days of rain a year, and the wind can be a little crazy sometimes. Rescheduling due to weather conditions will not count against your reschedule credits, however, this rescheduling is at 321headshot’s discretion. Overcast days are fantastic for photography, as the clouds work as a natural diffuser of the evil sun! Really though, we love the sun, but clouds are an organic way of diffusing harsh shadows. Obviously, every session is different and we want you to get the results you are after, so the sooner you notify us of any weather concerns, the better we can serve you.
12. Rescheduling Credits: Client is allowed two rescheduling credits for their shoot. Any additional request to reschedule will incur a $50 rescheduling fee and must be paid immediately to reserve a new date.
13. Changes In The Schedule On The Day Of The shoot: In cases where the shoot does not run on time, Photographer cannot guarantee to take the normal set of photos although in such circumstances the absolute best effort will be made to compensate.
14. Cooperation/No Shows: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during photo sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, and hinders Photographer’s ability to obtain quality shots.
15. Reshoots: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Client is then able to order prints or digital copies from the second portrait session only. If the Client should be unsatisfied with the results of the second session, all monies paid will be refunded and the Client will not retain any of the images. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.
16. Editing Requests: Photographer has the right to refuse any requested edits to the images. Photographer retains the right to edit the photographs as Photographer sees fit based on experience and expertise and omit any image(s) that do not meet Photographer’s standards.
17. Digital Negatives, Prints & Copyrights: All images and copyrights are the property of Top Flyt Media, LLC (“Photographer”). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client. The RAW/unedited images remain sole property of Photographer.
18. Photographer’s Rights: The Copyright Act protects photographers by giving the creator of the photograph the exclusive rights to copy, edit and distribute the image by sale or transfer. These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital media without the photographer’s permission. Photographer retains all copyrights to the images and derivative works thereof.
19. Client’s Rights: The images that are being provided to Client are licensed to the client for any reason personal, including but not limited to: printing, copying, emailing, and web publishing, so client can use them on their social media accounts and websites of course. The client’s license does not include use that results in financial gain, including but not limited to: stock photography, print sale profits, or resale of any nature.
20. Posting To Social Media: If Client is posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram etc.) OR if Client shares or uses any digital files from either Facebook or this website, Client may not alter the image in any way (no words or filters added) and Client must give credit to Dumisani Maraire Jr. for 321headshots.com.
21.a. Limit Of Liability: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged.
21.b. Total Photographer Failure: In the unlikely event that Photographer is injured or becomes too ill to attend the photoshoot due to fire or another casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the photoshoot must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
21. c. Total Gear Failure: In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer.
21. d. Personal Injury: Client agrees to hold Photographer and Photographer’s lessee or assignees harmless for any personal injury which may occur as the Client poses or works with Photographer. This limit of liability also extends to any individuals who may accompany Client to the photoshoot.
22. Cloud Storage: Client understands and agrees that Photographer is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to Client.
23. Indemnification: Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
24. Changes To This Agreement: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related retainers will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total retainers outlined in this Contract.
25. Entire Agreement: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
26. Governing Law: It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of California, without regard to the jurisdiction in which any action or special proceeding may be in.
27. Severability: In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
28. Legal Expenses: In the event that legal action is brought to enforce or interpret any term of this Agreement, the prevailing Party will be entitled to recover, in addition to any other damages or award, all reasonable legal costs and fees associated with the action.
29. Currency: Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in US Dollars.
This contract shall not become effective until it is signed and the initial amount due has been paid. At the time the contract takes effect, Photographer shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that Client cancels the contract for any reason, all monies paid shall be retained by Photographer in order to offset any loss of business. The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.