Portrait Contract & Agreement
Completing this online portrait agreement is necessary to secure your session date and time.
If you have any questions or concerns, please contact Artisan Baby Portrait Design before submitting this contract.
Please read every word in this contact as it is legally binding, and you will be held accountable. By checking each box and typing your full name into this contract, you are confirming that you have read the entire contents 0f the form, understand the contractual obligations, and agree to abide by the terms.
Due to the legal nature of this contract, the person completing it must be of legal age to make decisions and sign a legally binding contract.
Service Agreement and Liability
The “Client” agrees that Artisan Baby Portrait Design shall provide services to photograph to the best of our abilities. Every effort will be made to assure your satisfaction according to industry standards. Any artistic interpretations by the photographer will be deemed acceptable and correct. The client shall assist and cooperate with the photographer in obtaining the desired photographs, including but not limited to specifying persons to be photographed; taking time to pose for photographs at the photographer's direction; providing a person to guide the photographer to desired persons and/or scenes; participating in pre-shoot consultations, etc. Artisan Baby Portrait Design is not responsible for photographs not taken as a result of the client's failure to provide reasonable assistance or cooperation. If you are not satisfied with your images through fault of Artisan Baby Portrait Design your images will be retaken. If you are not satisfied with your products through fault of Artisan Baby Portrait Design they will be replaced. Notification of dissatisfaction must be received in writing within one week of receipt of images or upon receipt of product(s) for replacement.
In the unlikely event that the assigned photographer from Artisan Baby Portrait Design is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Artisan Baby Portrait Design, Artisan Baby Portrait Design will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the portrait session(s).
In the event that photographic materials are damaged or lost through a 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, Artisan Baby Portrait Design will have no further obligation to the Model.
The Model agrees to the release of photographer of liability for any injury/damage caused through fault of the clients personal pets during their time with Artisan Baby Portrait Design. The Model is required to maintain and be up to date on all requirements such as vaccinations, care of animal, licensing, etc prior to their scheduled portrait session.
The Client, for good and valuable consideration, the receipt of which is acknowledged, hereby grants to Artisan Baby Portrait Design, its legal representatives, assignees, and those acting under its authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures of the client, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which the client may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, in any media for advertising or any other lawful purpose.
The client hereby relinquishes any right that he/she may have to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that Artisan Baby Portrait Design has taken of the client or the use to which it may be applied. The client waives any ownership and publication right he/she might be entitled to in connection with the pictures, with the exception of the personal use of the pictures as part of personal modeling portfolio. The client agrees he/she has no right to sell, license or publish any of the pictures to any person or entity.
The client further releases Artisan Baby Portrait Design, its parent company, subsidiaries, affiliates, officers, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the client to conspicuous ridicule, scandal, reproach, scorn, and indignity. The client also waives any and all claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by the client or any of the property belonging to the client, whether caused by the negligence of the Releasees, or otherwise, while performing the portrait session, or while in, on or upon the premises where the portrait session was performed.
COPYRIGHT AND REPRODUCTION
Legal Mumbo Jumbo: The client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Artisan Baby Portrait Design. It is a violation of federal copyright law to allow photographs created by Artisan Baby Portrait Design to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered without our written permission. The client agrees to purchase prints and products directly from Artisan Baby Portrait Design unless in possession of high-resolution digital files. The client agrees not to make copies for sale or for the purpose of circumventing sale of the images by Artisan Baby Portrait Design. The client agrees not to scan, copy or reproduce images in any manner without a written release.
Layman's Terms: I own the copyright and/or intellectual property rights for each image I create. Using your photos for any reason except your own personal enjoyment is probably not legal without my permission. I'm typically cool with my clients using my images as long as they ask first. As far as reproduction goes, don't scan your 4x6 at a photo kiosk in any chain store. It's illegal and typically a waste as their prints hardly match in color.
Social Media Disclaimer: Often after a session is completed and edited, I will upload a few of the sessions images to my Facebook page. You are free to tag yourself, friends and family, but it's not okay to save or download those images to use and share anywhere without crediting Artisan Baby Portrait Design... And it's even less cool to crop out my watermark on the images.