Terms and Agreement
Agreement to Provide Photography Services
This contract is issued pursuant to the Photography Agreement between (“Client”) and Aesthete Noire (“Photographer”). This contract is subject to the terms and conditions contained in the Agreement between the parties and is made a part thereof. Any term not otherwise defined herein shall have the meaning specified in the Agreement. In the event of any conflict or inconsistency between the terms of this contract and the terms of this Agreement, the terms of this contract shall govern and prevail.
This contract (hereinafter called the “contract”) is entered by and between Photographer and Client and is subject to the terms and conditions specified below. The Exhibit(s) to this contract, if any, shall be deemed to be a part hereof. In the event of any inconsistencies between the terms of the body of this contract and the terms of the Exhibit(s) hereto, the terms of the body of this contract shall prevail.
· Following the Photoshoot (date) at (time and location), (x number) client selected edited photos (e.g. filters, cropping, color correction, effects) will be submitted in an online, mobile-friendly, downloadable gallery. Client will receive a proof gallery with unedited images within 2 weeks of photoshoot. Photos submitted in proof album are final.
· Client is expected to select photos for editing within 2 weeks after session date. Failure to complete this process in time will push back the date of receipt for final gallery. If photos are not selected within 2-weeks, photographer will choose the photos. For an expedited process, client may request photographer to choose photos and skip the selection process. Final album is expected within 2-4 weeks. Selection of additional photos will still come at an extra cost of $10 per image. Additional images that are not paid for are not given priority and will not be edited until payment has been received. If client requests photographer to "take their time" with photos, the deadline will be pushed back for an additional month. Do not ask photographer to "take their time" with photos if there is a strict deadline.
- It is understood that Aesthete Noire (hereby referred to as "The Photographer") is the photographer retained to perform the photographic services requested on the contract.
- The Photographer is not responsible if Client(s) or other individuals fail to appear or cooperate during photography sessions.
- If Client and/or other individuals fail to appear, the session fee is non-refundable. In the unlikely event that the finished product from a portrait session is unusable due to camera or data storage failure, Photographer will reshoot at no additional charge. Special consideration will be given to sessions that cannot be recreated (special event, participants from out of town, etc.)
- It is also understood that Client is hiring Photographer for their technical and artistic expertise and, therefore, Photographer reserves the right to edit the images as seen fit. No, clients may not ask photographer to NOT edit phots for a reduced cost. Client has browsed/viewed work of the Photographer prior to booking and thus understands the editing style of the Photographer.
- Edits in the completed album are final. Photographer will not give out any unedited RAW files. Theft of raw images from proof gallery is subject to a $200 fine per image.
Rescheduling & Cancellations
- At the time the contract takes effect, the 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 the client cancels the contract for any reason, whether it be rescheduling, canceling the shoot or fails to show for a session, without giving 48 hours’ notice, all money paid shall be retained by the Photographer to offset its loss of business.
- Rescheduled sessions must occur within (30) days of the original session date. A $50 rescheduling fee will apply to sessions occurring outside of the 30 days. Availability is based on Photographer’s schedule.
- Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
The total value for the Services pursuant to this contract shall not exceed the desired agreement unless otherwise agreed to by both parties. This figure is based on agreed hours of professional services. This can be updated after review by both parties. A 50% non-refundable deposit is due at time of booking. Full fee must be paid before final photos are delivered..
This agreement contains the entire understanding between Aesthete Noire and the client. It supersedes all prior agreements between the parties. Changes to this agreement should be made in writing and 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. Copyright of each image belongs to the photographer. The client gives permission to Aesthete Noire to use their photos and likeness in all forms and media for advertising, portfolio, demo, trade, stock photography, editorial, altering without restrictions, and all other lawful purposes. Commercial Photography clients are allowed to use photos strictly for business and other lawful purposes. The client understands they are not entitled to no compensation and release the photographer of all forms of claims and liability related to their photo usage. Client agrees to indemnify and hold harmless the Photographer against any claims, lawsuits, judgments, court costs, damages, and other expenses, including attorneys’ fees, arising from, or related to Client’s use of the images or Photographer’s performance of this Agreement. Client is over 18 years of age or has the expressed approval of a parent or guardian, and fully understands the terms of this agreement. This constitutes an order for one portrait session with Aesthete Noire.