Agreement: This Photography Agreement (referred to in the remainder of this document as the Agreement) contains the entire understanding between Antler and Aspen Photography and the Client. It supersedes all prior and simultaneous agreements between the parties.
Reservation: A signed Agreement and full session payment are required to reserve the specified coverage. If the session is rescheduled or cancelled by the client less than 48 hours prior to the session, the fee will not be returned or applied towards the rescheduled session. If the client arrives late to their mini-session time slot or fails to appear for their time slot their session fee and session time is non-refundable or transferable. Clients are encouraged to arrive 10 minutes prior to their scheduled time in order to guarantee full use of their time.
Payment: The total balance due for any orders placed must be paid in full prior to any work beginning on the ordered images or products.
Shooting: Antler and Aspen Photography may end the session at their discretion according to our determination of having captured adequate images both in terms of quality and quantity. If the session is ended prior to the maximum amount of time, there will be no refund or credit for unused time. If additional hours are required or requested for your portrait session, they will be billed at $20.00 per hour. Antler and Aspen Photography reserves the right to refuse a requested location for any reason.
Editing and Proofing: Online Proofing Gallery 3-7 business days (depending on the size of the package) from time of shoot. Any proofing product ordered, viewed at your viewing session, or online will all be individually corrected for color balance, density, contrast, etc. There may be light retouching applied to any proof images. Any prints that are ordered or used in a custom book will receive individual attention in the form of retouching, enhancement, selective area adjustments, artistic enhancements, etc. Retouching means correcting various elements in an image such as: litter, distracting elements, and minor physical imperfections (bags under eyes, teeth whitening, eyes whitening, clearing of skin, major stray hairs, etc.). Antler and Aspen Photography is granted total artistic control over the final image and the client understands that these are the steps we will take when referring to retouching. Any requested retouching over that specified above will be billed at $15.00 per hour. Each package has a particular set amount of digital edits per package. Should the client want more than the amount allotted per package, each additional digital edit is subject to cost of $3.00 per digital edit. Due to the large amount of storage space required for digital imaging technology and the large quantity of images created per year Antler and Aspen Photography guarantees storage of digital images for 90 days after proofing. After that time Antler and Aspen Photography may delete those images at their discretion.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Copyrights and Use Photograph
Copyrights: Until final payment for services rendered is made, the photographs produced by Antler and Aspen Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without written permission. Upon final payment by the Client, limited copyright ownership of the Photographs will be transferred to the Client under the following conditions: Any concerns that the client may have regarding the functioning of their CD/flash drive or the quality or nature of the images contained therein ("images") must be reported to Antler and Aspen Photography in writing within 60 days of client’s receipt of the CD/flash drive. After 60 days Antler and Aspen Photography holds no liability for the function of the CD/flash drive or the quality or nature of the images therein. Antler and Aspen Photography holds no responsibility for the quality of any print or photo product incorporating these images purchased through a third party print lab or service other than those designated and used by Antler and Aspen Photography. The Client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Antler and Aspen Photography. The Client must obtain written permission from and compensate Antler and Aspen Photography prior to the Client or its friends and relatives publishing or selling the photographs for profit.
Model Release and Exhibition: Client agrees that Antler and Aspen Photography, its licensees, or assignees can use the Photographs either separately or together, either wholly or in part, in any way and in any medium at any time, for any purpose, including advertising. Client waives all rights to claims for defamation, violation of rights of privacy, and publicity, without limitation. Antler and Aspen Photography, its licensees, or assignees may alter or retouch any of the Photographs without Client’s permission, prior approval, or consent. Client further agrees that the Photographs and any reproductions shall be deemed to represent an imaginary person, and that Antler and Aspen Photography or any person or persons authorized by or acting on its behalf may use the Photographs or any reproductions of them for any advertising purposes or for the purpose of illustrating any wording. Client under stands and agrees that no such wording shall be considered to be attributed to Client personally unless Client’s name is used. Provided Client’s name is not mentioned in connection with any other statement or wording which may be attributed to Client, Client undertakes not to prosecute or to institute proceedings, claims or demands against either Antler and Aspen Photography or its agents in respect of any usage of the Photographs.
Limit of Liability: In the unlikely event that the photographer is injured or becomes too ill to photograph the event at the designated time, Antler and Aspen Photography will make every effort to reschedule the shoot. If the situation should occur and a suitable date and time for rescheduling cannot be arranged responsibility and liability is limited to the return of all payments received for the event package. Antler and Aspen Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that the Photographs have been lost, stolen, or destroyed for reasons within or beyond Folly Photography’s control, liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Every effort will be made to assure the Client’s satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. If the Client is not satisfied with their images through fault of Antler and Aspen Photography the images will be retaken. If the Client is not satisfied with their products through fault of Antler and Aspen Photography they will be replaced. Notification of dissatisfaction must be received in writing within seven (7) days of receipt of images or upon receipt of product(s) for replacement. Antler and Aspen Photography cannot be held responsible for dissatisfaction due to circumstances beyond their control. In the event that photographic materials are damaged or lost through camera or computer malfunction the photographer liability will be limited to a retake of the session whenever possible or a refund of the cost of session fee if images cannot be retaken. If the session fee must be refunded, Antler and Aspen Photography will have no further obligation to the client.
The client agrees to relay the details of this contract to any and all subjects involved in the session. By continuing you acknowledge all above information and agree to the terms and conditions of the session. This form is considered a binding contractual agreement.