Aanii

Photography

Storytelling

Gathering

Portrait

Mixed Media

Linocuts

Collage

Contract Form: Portrait Session

This agreement is between KAYTEE DALTON (hereafter “PHOTOGRAPHER(S)” or “the PHOTOGRAPHER(S)") and the Clients named below (hereafter referred to as “CLIENT”).

Personal Info

Name

First Name

Last Name

Phone 1

(###)

###

####

Session Info

Session Date

YYYY

Session Time

Hour

Minute

Second

All locations where photography services will be performed (if applicable)

1. Scope of Work

PHOTOGRAPHER will not provide a minimum number of photos to CLIENT, but agrees with providing all the, objectively, best photos from the session for CLIENT to view after the shoot. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. The CLIENT may request re-touching at an additional hourly cost of $25.

2. Fees

In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $$$. CLIENT agrees to pay the photographer a non-refundable 30% deposit of the total price outlined by PHOTOGRAPHER of the photography services upon signing this contract. The initial payment reserves the PHOTOGRAPHER's time and reserves the CLIENT's spot. PHOTOGRAPHER agrees to not advertise the availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT, however a one-time courtesy to re-schedule the shoot is available. The balance of the payment for photography services must be paid in full before images will be delivered.

3. Work Product

PHOTOGRAPHER will deliver digital copies of photos to CLIENT within two weeks after the date of the SHOOT. CLIENT understands and agrees that digital photos are the exclusive property of PHOTOGRAPHER and the PHOTOGRAPHER is hereby licensing the photos to CLIENT. After the digital photos are released to CLIENT, the CLIENT has the choice to order prints from PHOTOGRAPHER or ask the PHOTOGRAPHER to release non-watermarked photos, which the CLIENT agrees only to use to print personal copies, and will not post the non-watermarked photos on any social media platform. This includes permission to post watermarked images to social media with PHOTOGRAPHER(S) credit. All photos delivered to CLIENT are licensed for CLIENT’S personal use only. A minimum of ### images will be delivered, at a minimum resolution of 300ppi, as well as each image formatted for both Instagram and Facebook separately as to not crop out PHOTOGRAPHERS watermark. CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.

4. Indemnification:

4.1 - PHOTOGRAPHER(S) and CLIENT agree that PHOTOGRAPHER(S) is under no obligation to capture any specific moment or pose or person(s) during the SHOOT. CLIENT is encouraged to provide a suggested photo list to PHOTOGRAPHER(S) no less than 24 hours prior to the SHOOT to include photos that CLIENT would like PHOTOGRAPHER(S) to shoot, but PHOTOGRAPHER(S) has no liability for capturing any of the photos on the list. 4.2 If PHOTOGRAPHER(S) is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, illness, or any other reasonable cause outside the PHOTOGRAPHER(S)’s control or expectation, client agrees to indemnify PHOTOGRAPHER(S) for any loss damage or liability; however, PHOTOGRAPHER(S) will return all in full all payments made by CLIENT to PHOTOGRAPHER(S) in relation to this SHOOT. 4.3 If PHOTOGRAPHER(S) is unable to perform the services in this contract due to a personal crisis or extenuating circumstances the CLIENT may choose to reschedule the SHOOT or request a full refund of their session fee. 4.4 CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER(S) for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER(S) will take reasonable steps to prevent data loss but is not liable for loss of data due to technical failure. If a technical failure occurs on the day of SHOOT, PHOTOGRAPHER(S) will reimburse all in full payments made by CLIENT to PHOTOGRAPHER(S) in relation to this SHOOT. PHOTOGRAPHER(S) will take reasonable steps to prevent data loss, however, if a technical failure occurs with a hard drive the PHOTOGRAPHER(S) will reimburse CLIENT full ARCHIVE FEE (thirty-eight dollars). 4.5 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot longer than FIVE YEARS after the photos have been delivered to CLIENT. After this period has expired, PHOTOGRAPHER(S) has no duty to retain copies or originals of files or photos from the event. It is the responsibility of CLIENT to purchase, store, and backup photos after the five-year (5 year) period. This clause is subject to the limitations in Section 4.4 of this Contract. 4.6 – CLIENT understands and agrees that PHOTOGRAPHER(S) may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER(S) harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER(S) harmless for any personal injury, which may occur as the CLIENT poses or works with PHOTOGRAPHER(S). 4.7 – CLIENT agrees and understands that the quality of a photograph is entirely subjective. PHOTOGRAPHER(S) will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT. 4.8 – CLIENT agrees and understands that PHOTOGRAPHER(S) may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. CLIENT agrees to hold PHOTOGRAPHER(S) harmless for any edits that may be viewed as defamatory or demeaning. This clause is subject to the limitations in Section 1 of this Contract.

5. Duty of Client

CLIENT will obtain all permissions necessary as they may relate to individual participating or location for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain the permission of reception centres, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the PHOTOGRAPHER, or which prevent the PHOTOGRAPHER from photographing the event(s) is not the fault, liability, or responsibility of PHOTOGRAPHER.

6. Exclusive Photographer

CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees and understands to try to the best of their ability to ensure that guests do not stand in the way of the PHOTOGRAPHE(S) during the duration of the ceremony, if a guest prevents PHOTOGRAPHER(S) from obtaining a certain photo (i.e. exchange of vows or kiss) the PHOTOGRAPHER(S) is not liable for inability to get the photograph.

7. Model Release

In exchange for valid consideration, CLIENT grants permission to PHOTOGRAPHER(S) and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER(S) may use CLIENT’S likeness and image on PHOTOGRAPHER(S)’S website or other advertising. PHOTOGRAPHER(S) may sell photos containing CLIENT’S likeness to third parties. If CLIENT does not sign this section, PHOTOGRAPHER(S) will not post images online and will only use them for personal portfolio, this will only be distributed in print form and will not appear on PHOTOGRAPHERS website or social media.

Do you agree to "Section 7. Model Release"?

By checking "yes" in the box below, you agree and understand that section 7. Model Release is required by all clients of KAYTEE DALTON PHOTOGRAPHY. If there are any concerns to this please contact me BEFORE you submit this contract & we can discuss other options.

Yes

8. Arbitration:

8. Arbitration: Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the Canadian Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the province of Ontario. The arbitration shall be binding on the parties.

9. Assignability and Parties of Interest:

CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with KAYTEE DALTON PHOTOGRAPHY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.

10. Entire Agreement:

This Agreement constitutes a single integrated Contract expressing the entire agreement of CLIENT and PHOTOGRAPHER(S) with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.

11. Amendment and Waiver:

This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party.

12. Venue and Jurisdiction:

This Contract is governed by the laws of the province of Ontario and federal courts in that district. CLIENT and PHOTOGRAPHER(S) agree to subject themselves to the laws of this province except for as provided in the arbitration clause. CLIENT and PHOTOGRAPHER(S) hereby waive the right to object to venue within this province.

By selecting "agree" below you will submit this form and are agreeing to all above guidelines.

Today's Date

YYYY