Photo Retouching & Airbrushing Agreement
Terms of service
I certify that I am over the age of 18. I grant to 321headshots.com and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of myself, my child or children, or in which I may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. I hereby release 321headshots.com and their legal representatives and assigns from all claims and liability relating to said photographs.
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, as described on the Name, Email, Address and Phone Number fields of this Appointment Form (referred to hereafter as “Client”}. This contract is for services and products related to a photography shoot (hereafter “shoot” or “photoshoot”) to take place at the date and time specified on the Photoshoot Selector on this Appointment Form.
02. Photographer’s Responsibility: Photographer is responsible for providing Client a photographic service as detailed on Photoshoot Selector on this 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.
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.
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.
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. Client has read and understood the contract and agrees to the terms and conditions in their entirety.