Penny Claire Senior Photoshoot Contract/Terms 

Retainer and Payment.  The Client shall make a non-refundable payment towards the session of Client’s choice upon completion of this contract and make a payment for the remaining balance due before the on session day for the Photographer to perform the services and final product specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties.   Client agrees that all payments made are earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, skill of the photographer and in consideration of the inability of the photographer to schedule other clients during this time.


No session shall take place until paid in full. If Client has agreed to an automated monthly payment plan, the session may take place, but release of images shall be granted upon final processed payment. 


Cancellation.  If Client requests to amend or cancel this agreement 30 or more calendar days before the agreed upon photographic event date, the retainer SHALL be applied to a mutually agreed upon reschedule date within the same calendar year.  If Client cancels, or fails to show, this agreement 30 or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.

Rescheduling/ Late Arrivals.  In the event that the Client requests to reschedule a photographic event for a date that falls no more than 2 weeks past their scheduled event date, the retainer shall be applied to a rescheduled event if notice is given at least 15 days prior to the scheduled event.  In the event that the Client requests to reschedule a photographic event for a date that falls more than 2 weeks past the scheduled photographic event, the retainer shall be applied to the rescheduled event if notice is given 30 days or more prior to the scheduled event date.   Reschedule must be within the same calendar year for before January 31st of year 2023.  Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event.  Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.  The Photographer cannot be held liable for any additional fees or any cancellations of styling appointments with any contracted stylists due to late arrival.

Adult Presence.  The legal guardian and/or parent of the senior graduate shall be in attendance for all communications and events.  In the event a legal guardian/parent cannot attend, a written email is required from the legal guardian/parent stating their permission to continue with the session.  The Photographer will not be held liable for parent/legal guardian disappointment for any missed photos during their absence.  No pets can be present for sessions where a parent or guardian is not present.

Completion Schedule.  Galleries are complete within 15-17 week days starting the day after the photographic event. Completion schedules for Penny Claire exclusive product orders shall be determined from date of final approval by Client.  Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.

Any prints and wall art purchased shall take 10-15 week days from time of print order to be processed and delivered to Client.   
Albums purchased shall take 10-15 week days from date of final design approval by Client to be received by the Photographer.   


Client should place any  orders with sufficient time to allow for normal delays. Any products Client hopes to have in time for any major holidays should be approved no later than 30 days prior to said holiday.
 

Deadlines. The Client shall be solely responsible for informing Photographer of any deadlines related to the production of the photographs.  Photographer will make reasonable efforts to comply with the deadlines requested by the Client, provided that Client gives specific advance notice of the deadlines, and such deadlines are approved by the photographer. If any deadlines are agreed to, they shall be approved in writing by Photographer via email to pennyclairephotography@gmail.com and shall become a part hereto. The Photographer shall not be held in breach of this contract if the Client fails to submit the deadlines in writing to the Photographer at the time of signing the agreement.  In the absence of such agreement, no specific guarantee as to time for delivery shall be offered. 


Photographic Materials.  All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.   All orders must be placed within the outlined schedules within this agreement.   No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.

The Photographer shall make gallery proofs available through an online gallery website.  These images shall be available to the Client within 15-17 business days of the photographic event.  The online gallery shall remain open until June 1st of 2023.  If the Client requests to extend the time or reopen the online proofing gallery, a $25 re-upload fee shall apply.  

 


Minimum Purchase Requirements.  Clients are not required to make further purchases beyond Client’s session Package including photoshoot plus produced final images in digital form with full printing release. All photoshoot fees include a print release for personal printing opportunities at the lab of his/her/their choice.

Clients may purchase Penny Claire Exclusive products via online order form and apply applicable discounts towards purchases of these products, including Penny Claire Albums, Album layout designs (a digital product used by the clients purchasing albums through their own lab of choice), Storyboards, and Signing boards. 

In Person Ordering Assistance. Clients may request personal assistance from the Photographer in placing orders through MPIX.com for a fee of $200.  Discounts for Penny Claire exclusive products may not be used towards this service based fee, though awarded referral credits will be accepted.  

 
Artistic Rights.  The Photographer retains the right of discretion in selecting the photographic materials released to the client.   The Client shall receive a gallery of approximately 10-15 final photos per hour of shooting and shall not receive any photographic materials not presented to the Client.  

Copyright and Reproductions. The Photographer shall own the copyright in all images created.  It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.  

The Photographer DOES provide the Client permission to resize photographs for Internet-based usage.


Client Usage.  The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement.  The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement.  Additional prints may be purchased between third parties and the Photographer with the permission of the Client.  Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.  

Social Media.  When uploading to a Social Media profile, the Client shall “tag” the Photographer’s business page in the album of the uploaded files.

Photographs/Videography. The Client shall not engage in photography or videography during the course of the photographic event without the express written permission of the Photographer.  


Adult Participation.  If the subject photographed is under the age of eighteen, then a parent and/or legal guardian, defined as an individual of eighteen years or older acting with legal rights over the minor, shall be the point of all communications and shall attend all photographic events and consultation sessions. 

 


Yearbook. Photographer shall grant to Client a limited irrevocable license to reproduce and publish images taken during the scheduled photography session in the annual school yearbook. Such license shall be limited to publication in the yearbook published in the same school year as the photography session. Grant of this license is limited to the specific use outlined in this section. Photographer retains all other rights to the images, including rights of publication thereto. 

Creative Control.  The Photographer retains creative control of the session.  This control is including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps.  The Client shall request, at time of session, for any adjustments to clothing, hair and makeup to be made.  Client will cooperate with Photographer and defer to Photographer’s professional judgment in all matters related to creative control. Client agrees that Photographer cannot guarantee any specific pose or photograph and that Photographer has the absolute discretion to refuse to create any specific photographic image. 

Use of Independent Contractor.  Client acknowledges and agrees that Photographer may utilize independent contractors in the course of the photo-shoot. These include, but are not limited to, hair and/or makeup artists. Photographer is not liable for any application or services by any independent contractor.  This includes but is not limited to allergies as a result of use of the products by the independent contractor.  Photographer will provide client contact information for any independent contractor utilized in the photographic session. Client agrees and acknowledges that they will contact independent contractor and convey to said independent contractor any health related concerns, allergies, or other pertinent information to the contractor. 

Inclement Weather.  In the event of inclement weather,  Client will be contacted at least 3 hours prior to any makeup appointments Photographer is aware of and offer at least 2 available reschedule dates once conferring with any Independent Contractors also scheduled via Penny Claire Photography. 

Failure to Perform.  If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability.   Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.  

Photographer.  The Photographer reserves the right to substitute with another photographer.  The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement.  The Photographer warrants the substitute photographer to be of comparable quality and professionalism.

Photographer’s Standard Price List.  This agreement is based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.  

Travel and Overage Fees. The Photographer reserves the right to charge a fee  of her choosing for travel agreed to that falls outside of Muskingum County. 

Arbitration.  Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $500.   In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.

Miscellany. This Agreement incorporates the entire understanding of the parties.  Any modifications of this Agreement must be in writing and signed by both parties.  This Agreement shall be governed by the laws of the State of Ohio.

Construction. The terms of this agreement shall be interpreted according to their fair meaning. No ambiguity shall be construed for or against either party. 

Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

 

Covid-19.  Clients are not required to wear masks during session events.  Clients exposed to Covid-19 should  contact Photographer to reschedule for a date that falls 14+ days post date of exposure. Clients must be symptom free to proceed with session events.  Events that are rescheduled due to exposure of Covid-19 or Covid-19 symptoms will be offered reschedule dates that fall after 14 days of exposure or when the client is symptom free after experiencing symptoms.  

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