PHOTOGRAPHY CONTRACT AND MODEL RELEASE
1. Limited Liability and Indemnity:
Natalie Franke takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Natalie Franke’s control, Natalie Franke's liability is limited to the return of the $100 Head Shot Fee included within the overall Mentoring Session Fee.
Client(s) agrees to indemnify and defend Natalie Franke against any and all third party claims, damages, costs, and expenses, including reasonable legal fees and expenses, arising out of incidents or damages resulting from Client(s) actions or omission during Portrait Photography Sessions.
2. Digital Image Files:
Upon receipt of the digital image files, Client(s) accepts all responsibility for archiving and protecting the photographs. Natalie Franke 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 access the images provided.
3. Back-up of Images:
Natalie Franke insures the back-up of images through numerous means. However, Natalie Franke cannot guarantee maintaining the perpetual life of all images. Therefore, it is advised that once Client has possession of the images they are stored in a safe place, and if applicable, back-ups made of the digital image files.
4. Payment:
If payment is not received on the scheduled date of the shoot, Natalie Franke reserves the right not to participate in the mentoring session. All payments must be submitted by check made payable to Natalie Franke Photography, LLC.
Returned checks will be assessed a $50 insufficient funds fee.
5. Creative License:
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. Natalie Franke reserves the creative right to edit and release only those photos deemed creditable as professional in quality and within the photographer’s artistic standards.
6. Copyright:
Natalie Franke is the author of all images made hereunder and as provided for by United States Copyright Law. Natalie Franke shall retain the copyrights in perpetuity, regardless of possession or ownership of photographs, digital files or any other format of reproduction.
Upon final payment by the Client(s), copyright ownership of the resulting images will be transferred to the Client(s) for personal and professional use, online and in print.
7. Model Release:
The Client(s) hereby grants Natalie Franke Photography, LLC and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases Natalie Franke and her legal representatives and assigns from all claims and liability relating to said photographs.
8. Entire understanding:
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.