1. This Agreement constitutes an order for portfolio development services, including the taking of pictures as agreed to by both parties: Photographer and contracting party (Model). Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, or digital media, thereof (hereinafter referred to as “Images”) shall remain the property of Photographer and may be used for advertising, display or any other purposes thought proper by Photographer.
2. If Photographer cannot perform this Agreement in whole or in part due to fire or other casualty, acts of God or nature or terror, or other cause beyond the control of the parties or due to Photographer’s illness or injury, then Photographer will return all fees to Model but shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Photographer. Model agrees to limit Photographer’s liability to the amount paid under this contract.
3. It is agreed and understood that no person other than Photographer will be allowed to photograph or take pictures at any time during the shoot.
4. On signing of this Agreement by all parties hereto, the Photographer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or if the shoot becomes cancelled for any reason by the Model.
5. The session fee of $200.00 will include the shooting of up to two (2) rolls of 36-exposure or three (3) rolls of 24-exposure, 35mm film, and one high-resolution photo CD containing all images. Photo CD will also include selected edited, reduced and watermarked images for Internet posting, etc. A deposit of $100.00 is due at the signing of this Agreement, unless exceptions are described below, with the remainder of the fee to be paid to Photographer no later than the start of the portfolio shoot. No photography will take place and no rights are granted until timely payment is made in full. Late payment fees may apply. The deposit is non-refundable in case of cancellation or date change by Model.
6. Photographer grants Model nontransferable and nonexclusive reproduction rights to the Images. Model shall not transfer, license, sell, lease, or otherwise confer either permanently or temporarily any reproduction rights to any Images to any third party. Model shall affix Photographer’s copyright notice and photo credit to any Images reproduced by Model. This includes the posting of Images on any and all Internet websites used by Model. Copyright notice/photo credit to read: © 2006 Pete Lutz.
7. Model shall execute a standard model release, incorporated fully as if set forth herein by this reference.
I, the undersigned Contracting Party, hereby warrant that, unless I am under the legal age of consent, I am competent to contract in my own name. If I am under the legal age of consent, I have the approval and consent of my parent/legal guardian as indicated below. I confirm that I have read the above agreement prior to its execution and I am fully familiar with the contents thereof. This Agreement shall be binding upon myself and my heirs, legal representatives and assigns. I certify that I have received a complete copy of this Agreement with all blank lines completed.
Signed and dated: ___________________________________________________, Model (or Parent/Legal Guardian)
Signed and dated: ________________________________________________________________________, Photographer