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 all payments received for the Portrait Photography Session.
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 photograph the shoot. All payments must be made prior to the commencement of the Portrait Photography Session.
Returned checks will be assessed a $50 insufficient funds fee.
5. Travel Expenses:
Motor Vehicle Travel: reimbursement for travel is required for locations greater than 40 miles from Natalie Franke's home address. Reimbursement reflects travel to and from the destination and must be arranged with Natalie Franke in advance.
6. Requested Photos:
While Natalie Franke will make every reasonable effort to take photos specifically requested by Client(s), Client(s) understands that this is an uncontrolled event and that due the vagaries of the weather, available light, time restrictions, and willingness of subject(s), Natalie Franke does not guarantee all requested photos will be taken.
7. 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.
8. Permissions:
It is the responsibility of the Client(s) to schedule and receive permission to use various locations for photography. If fees are required by a venue to reserve the location, it shall be Client(s) sole responsibility to pay for such fees and arrange for any necessary permits in advance.
9. Exclusivity:
In order for Client(s) to receive the best service and most compelling photos possible, Natalie Franke must be the exclusive professional photographer for the Portrait Photography Session.
10. 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. The Client is prohibited from altering the photographs in any way. This includes but is not limited to: cropping, converting color or any other means of changing the original artwork.
Upon final payment by the Client(s), limited copyright ownership of the resulting images will be transferred to the Client(s) under the following conditions:
- The photographs are the property of Client for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.
- Any photographs uploaded online will be clearly and distinctly attribute credit to "Natalie Franke Photography".
- The Client(s) must obtain written permission from and compensate Natalie Franke prior to the Client(s) or its friends and relatives publishing or selling the photographs for profit.
11. Model Release:
The Client(s) hereby grants to Natalie Franke 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.
12. 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.
