TERMS & CONDITIONS FOR PHOTOGRAPHY SERVICES
ALL CLIENTS MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS FOR PHOTOGRAPHY SERVICES PROVIDED BY PAMARAZZI. PARTICIPATION IN A SCHEDULED PHOTO SESSION WITHOUT A SIGNED CONTRACT WILL BE YOUR CONSENT AGREEING TO THESE TERMS.
PAMARAZZI PHOTOGRAPHY AGREEMENT
FOR ALL PHOTOGRAPHS/SESSIONS
This document applies to any and all photography and photography services by pamarazzi, defined as the taking and processing of pictures as requested between pamarazzi (photographer/studio) and client.
1. Rights/Ownership: Unless otherwise specified, it is understood that any and all rights to proofs, final or sample prints, thereof shall remain the property of the photographer and may be used for advertising, display or any other purpose thought proper by the photographer. The Client will be provided access to an online album with all selected photographs and the Client may download web-ready images, share images on social media, and/or order any prints as desired, but may not re-sell or use any of the photographs for advertising or promotional display or purpose, and will not give the photographs to any 3rd party/vendor, without written permission from the photographer.
2. Liability: If Photographer cannot perform the services as outlined in the master Client Services Agreement, or as requested verbally, in whole or in part due to a 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 the photographer will return any deposits/fees to the Client 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 with or without fault on the part of Photographer. The Client agrees to indemnify and hold harmless the photographer from all claims, losses, expenses, fees, including attorney fees, costs and judgements that may be asserted against the photographer that result from the acts or omissions of the photographer, if any. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by the Client under this agreement during the time preceding the date on which such liability arises.
3. Responsibilities: The photography schedule and selected methodology is designed to accomplish the goals and wishes of the Client and both parties agree that positive cooperation and punctuality are therefore essential. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. The photographer will use his/her professional judgement and sole discretion to select which photos to deliver. The photographer agrees to schedule an up-to-2-hour make-up session to re-take photos requested by the Client where damage may have occurred or where materials provided are deemed unacceptable by the Client, at no additional cost.
4. Harassment: In the event Photographer or her employee experiences any inappropriate, threatening, hostile or offensive behavior from any person in attendance at the photo shoot (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the Photographer will end the photo session immediately. Photographer shall be entitled to retain all monies paid hereunder and Client agrees to relieve and hold Photographer harmless as a result of incomplete photography coverage.
5. Retainer and Payment: On signing of this agreement by both 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 retainer deposits are non-refundable even if the date is changed or if the session is cancelled for any reason other than as outlined in section #2. If the date is changed by the client or because of inclement weather/site conditions, the photographer will commit to provide services at the new date unless otherwise unavailable and/or contracted with another Client.
Payment Schedule and deliverable dates are outlined on the client services order. Digital files will be released after 100% of payment has been made.
pamarazzi may accept financing/payment arrangements over a 3 to 6 month period upon request.
6. Coverage & Fees: The charges for photography services (session fees, print credits, digital files) will be outlined on the Client Services Agreement.
7. Image Processing/Printing: The photographer commits to providing an online proof album with a minimum # of images as stated on client services order, containing all images deemed to be of acceptable quality by the photographer. Standard color correction and/or retouching are included at the photographer’s discretion. Final edited/retouch work will be completed on photographs included in a print order and will be completed within 30 days of order. Unless otherwise specified prior to editing work, proof sets may contain a mixture of color, black & white, and selective color images. Client may request additional high level detail retouching changes or custom composite design services at a rate of $75 per hour (1 hour minimum). Client may purchase digital files with print rights or pamarazzi will handle all printing of any photographs, albums, commemorative books, special keepsake items, etc. using a professional color lab or other service as agreed upon. For print orders placed with pamarazzi, client agrees to pay all costs as listed in the online album store at the time of ordering, along with any applicable sales tax, minus any print credit as outlined. Client may purchase a full set of all digital files for the rate listed on the online price book at time of order. If the print order exceeds $250 or the total package fee exceeds $500, the full digital set will be included at no additional cost. Client accepts all responsibility for downloading, archiving and protecting the photographs that are purchased. Where the photographer archives images for personal use, the photographer does not “permanently” archive image files and is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required. Online image album will be hosted for 90 days. Senior online albums for all packages over $300 will be posted through the student’s graduation date plus 90 days. Client may share any/all images on social media using the SHARE button provided with the online album. Shared images will contain photographer watermark. Client may share any purchased digital images independently by uploading to your social media pages (with or without photographer watermark).
8. Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for photographer’s advertising, trade, promotion, exhibition, or any other lawful purposes. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
9. Copyright: All photographs taken by pamarazzi are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
The Photographer shall provide its services and meet its obligations under this Contract in a timely manner, using knowledge and recommendations for performing the services which meet generally acceptable industry standards and will provide a standard of care equal to, or superior to, care used by service providers similar to this Studio on similar projects.
By signing the master Client Services agreement, client acknowledges that he/she has reviewed and agrees to all of the details in this addendum.
Where no master Client Services Agreement is signed, these terms and conditions apply to ALL photographs taken by Pamela Wagner dba pamarazzi.
Each client shall be fully responsible for ensuring that full payment is made pursuant to the terms of this or other Agreement. All adults over age 18 being photographed agree to the terms. Parents of students under age 18 grant permissions as outlined in this agreement on behalf of their children being photographed.