Contract for Services
Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of SCENES OF VERA-MAE and may not be used for advertising, display or any other purpose other than personal enjoyment.
If Photographer cannot perform this agreement in whole or in part due to a cause beyond the control of the parties, changing of details that no longer fit with the photographers’ originally agreed terms or due to Photographer’s illness or injury, then SCENES OF VERA-MAE LLC will return all fees to the client(s) but shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
WAIVER AND INDEMNIFICATION
Client and its agent’s, family members and assignees, if any, shall indemnify, and hold harmless, SCENES OF VERA-MAE and MARQUITA MCALLISTER, from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.
DEPOSITS AND RESERVED TIME
Upon signing this contract, SCENES OF VERA-MAE 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 becomes canceled for any reason.
Capturing Your Scene:
A deposit of $50.00 is due at the signing of this agreement.
An amount of $________ will be due on the day of shooting ____________ to bring your total package price to $_______.
It is understood that even with the signing of a contract and/or verbal agreement, no day is reserved without a monetary deposit.
Your session starts at ______ and ends at ______.
*Package fee shall be waived if client opts to allows the photographer to take possession of their products to photograph at the home studio. At this point, only the deposit in the amount of $50 will be due prior to product pick up.
No photography/proofs will be released to the client and no rights are granted until timely payment is made in full.
DAY OF THE SESSION
For Food or Product Scenes: You agree that you will have all food and /or products out for display and ready to be photographed.
For Portraiture: You agree that you (as well as any other models included in the shoot) will be fully dressed, and arrive on time to the chosen location. If you are late, time will be taken from your session or charged under “Extra Time” herein, at the sole discretion of SCENES OF VERA-MAE LLC. Friends and family are welcome, so long as they do not interfere with the photographer and the photography taking place. Pictures with friends or family are not permitted unless it has been discussed previously with the approval of the photographer.
PAYMENT AND PACKAGES
Payment towards the rest of the package will be required on the day of shooting. You will not receive any prints, nor will an order for prints be placed unless full payment of the entire package is made. Cash, online payment (PayPal) or money orders are the only accepted forms of payment.
You may not downsize to a smaller package after you have paid the deposit for that package. However, you may upgrade to a larger package at any time. Separate charges will apply for the specified package.
A further payment of all necessary expenses (unless otherwise specified) such as parking, fuel, travel, taxi, hotel charges, etc., to be paid at least 14 days before the date of the event. The Client shall reimburse Photographer for any additional costs the Photographer may incur for travel, meals, parking, and other reasonable costs necessary to the performance of these services.
MODEL RELEASE: The CLIENT hereby assigns SCENES OF VERA-MAE the irrevocable and unrestricted right to use and publish photographs of the CLIENT/CLIENT’S PRODUCT or in which the CLIENT/CLIENT’S PRODUCT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.
RECEIVING YOUR PROOFS, RETOUCHED PHOTOS AND PRINTS
For small sessions, please allow up to 14 days from the date of your session to receive your proofs. Allow up to 14 days after you’ve selected your photos for retouching. If you have selected to purchase downloads to the photos selected, they will be sent to you via email after retouching is complete. Allow an additional 7-14 days for your prints to be ready via my website; as we use a third-party vendor to produce print photos. Times will vary on season and other factors.
Proof selections are sent digitally only and photos must be chosen within 7 days of receiving your proofs. Failure to do so will result in delayed process for your photos. After 30 days of no proof selection your order will be deferred. You will not receive any extra proofs other than the ones chosen by the photographer to be your “top” photos from the session. Proof selection must be sent through by photo number only and must be sent through email.
Proofs are not meant to be full resolution and only should be used as a reference for the photos to choose for retouching. Photos from the proofs are unedited and may not be posted online for any reason. The posting of an unedited photo online in any place will result in a breach of contract.
Additional poses will cost $20 each. Poses chosen through email are final. Extra poses ordered must be paid for before retouching may begin. Even though you buy new poses, the amount of prints in your package does not change. You may add on prints at a separate cost.
RETOUCHING TIME AND PROCESS
The retouching process begins once proofs are selected. The time taken to choose proofs will serve as a factor in the retouching process. Clients who choose their proofs first will get their photos retouched first, regardless of when their photos were taken and which package they have. Any approved retouched photos may not be considered for re-editing. All changes are final once approved and any extra retouching desired by the client is subject to separate charges per revision.
BREAKS AND MEALS
The client agrees to provide refreshments or a meal for any event over 5 hours. The photographer reserves the right to a 30-45 minute rest period if event photography requires 6 hours or more.
Any additional time spent due to the lateness of the client, retouching, or editing, that are not otherwise paid for under this Contract shall be charged at the rate of $40 per hour. SCENES OF VERA-MAE may elect to perform these services or refuse them, at its sole discretion. Client agrees to pay these services as invoiced, and may be required to pay for these services ahead of their provision.
COLORING AND RETOUCHING
For Portraiture: Basic retouching includes clearing skin, getting rid of flyways and single strands of hair in the face and obvious blemishes. Basic retouching does not include things like physically changing body shapes, fixing dresses, removing people or things from a photo, fixing clothes/makeup/etc. or adding things to photos. The client may choose to pay per hour for extra retouching.
UNEDITED PHOTOS/PHOTO POLICY
Client agrees that unedited photos will not be shared for any reason. The only unedited photos the Client will receive are the thumbnails for the proofs to choose for retouching. Client agrees not to post or otherwise share unedited photos. Only your retouched photos will be released. If you would like to purchase additional photos, you must buy each pose separate from your package.
All outtakes and unedited photos are the property of SCENES OF VERA-MAE LLC. and are not to be shared, distributed or posted under any circumstances.
OVERALL APPEARANCE AND PERSONAL ITEMS
The photographer is not responsible for any missing, damaged or altered clothing/material belonging to the client. Please be aware that for some photos you may or may not get dirty. It is ultimately your responsibility to make sure your overall appearance and/or the overall appearance of food/products are the way you want for the photos. The photographer is not responsible for any styling issues or any other factors in the photography other than the directing and photography of the client.
WEATHER AND SESSION CHANGES/LOCATIONS
You are able to switch your day because of weather or personal reasons, so long as no other sessions are scheduled that day and it works for the photographer. Locations within 25 minutes of Tampa, FL are free. Any other location outside 25 minutes of the Tampa Bay is subject to a separate charge based on distance. Cost of location permits for shooting or availability and the choosing of a location is the responsibility of the client. Unless otherwise stated, all photo sessions come with ONE location in Tampa, FL. Add-on locations are additional cost.
Deliverable items and shots are contingent upon the client performing actions and cooperating with the photographer. The photographer is not liable if the client’s neglect leads to a compromise of what has been agreed upon. The Photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
DIGITAL FILES, CDs AND EXTRA PRINTS
CDs are not available through SCENES OF VERA-MAE LLC. All files will ordinarily be sent digitally through dropbox for proof selection purposes and a separate email and will be made available for download via www.scenesofveramae.com. Any additional prints or edited photos ordered are non-refundable, whether or not client decides to keep them.
If you are not satisfied with your photos, you may be refunded half of the total package if the issue stems on the photographers end. You will only be eligible if you have made this known to the photographer before any retouching is made and only if the photographer agrees that it is appropriate. If you choose to re-do your photos for any reason, it will be considered as a new session and you will need to purchase a new package. The deposit is non- refundable. In the event of an emergency, equipment failure or other unforeseen circumstance, the photographer will return any money given up to that point but claims no further liability. Client(s) agree that an entire scene cannot be replicated, reenacted or repeated for the purpose of a re shoot.
The Client is obtaining prints for personal use only, and shall not sell said prints. It is not permitted to give photos to vendors having their products or setups photographed in order to use for advertising or promotion. No commercial use is granted by the issuance of print or digital photos.
It is understood and agreed that no other photographer will be allowed to photograph or take pictures while the Photographer is working. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event/session. Guests, Family and friends of the Client shall be permitted to photograph using mobile phones only as long as they shall not interfere with the Photographer’s duties.
PHOTO REORDERING AND TIME FRAME
You may reorder more photos from your session by purchasing your digital files. To keep organized and conserve space, your photos may be deleted or unavailable 90days after your session has taken place, and you waive any and all claims against SCENES OF VERA-MAE for the unavailability of such photos, even if you must replace them at your own cost. Therefore, it is recommended you pick your poses out and finalize your choices with the photographer as soon as possible.