HEATHER DURHAM PHOTOGRAPHY
POP UP PORCH PORTRAITS (with social distancing)
INCLUDED EXCLUSIVELY WITH THIS SESSION:
10 minute shooting time
Online gallery hosted for 2 weeks
3 high-resolution digital image files downloads with print release
REQUIRED: There will be at least 6 foot distance between Photographer and Client for every shoot. Can be done on porch or anywhere outside of your home.
SESSION FEE: $75 with $50 from each session going to help Hands On Nashville for Tornado Disaster and COVID19 Relief
TERMS AND CONDITIONS
It is understood this Studio/Photographer is the exclusive official photographer retained to perform the photographic services requested on this Contract. Upon signature and payment in full, the Studio/Photographer shall reserve the time and date agreed upon. Unless the Studio is able to fully replace the canceled reservation, all sitting fees, deposits and retainers are nonrefundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather. If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Studio/Photographer, Photographer may elect to use an alternate location or to reschedule the portrait. The Studio/Photographer reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Clients signing this contract warrants that he and/or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. Digital files, previews and proofing gallery remain the exclusive property of the Studio/Photographer.
LIMITATION OF LIABILITY
While every reasonable effort will be made to produce and deliver outstanding photographs of the portrait session, the Photographer’s entire liability to the Clients for any claim or loss arising from the Photographer’s performance is limited to a refund to the Clients of the amount paid for services. Because such is an uncontrolled event, with varied timing, circumstances, locations and lighting, the Photographer cannot guarantee delivery of any specifically requested image(s) (i.e. exact duplication of images as seen on Pinterest). The Photographer will, however, use her professional and artistic vision for every shot. If the Photographer cannot perform this contract due to fire or other casualty, strike, act of God, illness, hospitalization, emergency, or other cause beyond the control of the parties or Photographer, the the Photographer will apply payment towards a future shoot to be scheduled within one year of original shoot date. If there were an emergency situation or illness, Photographer would first contact a network of other professional portrait photographers to cover the session in her place or contact the Clients to reschedule. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or other media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of all monies paid.
DELIVERY OF IMAGES AND PRODUCTS
An image gallery will be hosted online within 2 weeks of the portrait session to share with family and friends. Three (3) high-resolution digital images in coloration as ordered with personal print release is included with this Pop Up Portrait Session. Images will be delivered to Clients via download from the gallery. After delivery of high resolution image files, the Photographer is no longer responsible for re-delivery of image files to the client, and images not purchased will be purged from the system. It is the Clients’ responsibility to back up their digital image files in case of hard drive damage or loss.
Client also has the option to place a print and/or product order from the online image gallery. Order(s) must be placed within the 2 week online hosting period.
Prints and custom products, such as albums and fine art canvas prints, will be delivered approximately 4-6 weeks after order approval and payment in full by the Client determined by production schedules of labs. Clients are aware that color dyes in photography prints may fade or discolor over time due to the inherent qualities of dyes, and the Clients releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
PRODUCT AND PRINT PRICING
Pricing as defined on the Photographer’s standard price list in effect at the date of this contract. Price list is adjusted periodically due to cost increases. Prices quoted for professional services, photographs, and albums are guaranteed for a period of 6 months following the date of the event. Orders placed after six months following the date of the event are billed at the rates in effect on the most recently published price list. Once prints and products have been approved for printing, they are non-refundable, due to their custom nature.
COPYRIGHT AND DIGITAL IMAGE RIGHTS AND USAGE
NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs elsewhere without Photographer’s written or emailed permission, and violators of this Federal Law will be subject to its civil and criminal penalties. The clients will be given print reproduction rights from the digital files for personal use only. The Clients will not make copies of any Photographer images or printed proofs, nor will the Clients authorize any reproductions of the images for commercial use, such as magazine editorials, billboards, and promotional materials). Any photos used on a website or publication must be approved by the Photographer and have a photo credit of Heather Durham Photography. The Photographer will retain copyright of all images created and will retain the right to make reproductions for the Photographer’s online or printed portfolio, samples, website, blog, Facebook page, self-promotions and/or for professional competition and review.
It is of utmost importance to Photographer that images are printed at a reputable lab for accurate color and quality. If digital images are purchased or included in this agreement, it is recommended that Client uses www.mpix.com, if printing images themselves. Discount labs such as Wal Mart and Target, and drugstore labs such as CVS and Walgreens are not advised due to quality concerns. While the reprint rights of digital images are delivered to the Client for personal use, the rights of the images remain with Heather Durham Photography, making it illegal to alter, edit or change the images provided. When posting images on social media, you may not use filters of any kind. Images must be posted online and printed exactly as provided to Client.
Clients must post images EXACTLY as delivered and photo credit included. No filters may be applied. Clients must comply with copyright specifications and keep the integrity of the Photographer’s work and brand intact.
For Consideration received and by signing this release, I irrevocably grant to the Photographer the right to license and use the Content in any manner, form or medium, for any and all use whatsoever (except pornographic or illegal), which may include art, advertising, promotion, marketing and packaging for any product or service. I agree that: the Content may be used in combination with other images and may be modified; Client will have no rights to inspect or approve the Content or the use to which the Content may be applied; Client will have no further right to additional Consideration and will not make claims associated to the Content, for any reason, to the Artist. Client agrees that his/her personal information will not be made publicly available but may only be used in connection to licensing the Content where necessary (e.g., to defend claims and protect legal rights), and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees and assignees of the Artist and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I release, discharge, and agree to hold harmless the Artist and her licensees, sub-licensees, successors, and assigns (“Released Parties”) from any liability arising out of or in connection with the use of the Content, including any and all claims for defamation or invasion of privacy or publicity. I acknowledge that the Released Parties are not responsible or liable for any unauthorized use or piracy of the Content. Client represents and warrants that he/she is at least 18 years of age and have the full legal capacity to execute this release on his/her own behalf, or on the behalf of a minor as their parent or legal guardian. Client acknowledges and agrees that this release is binding upon his/her heirs and assigns.
"Artist " means any person or entity photographing, filming, or recording Content by any means during the recording session, including Artist’s licensees, successors, and assigns.
"Consideration" means something of value I received in exchange for the rights granted in this release.
“Content " means still or motion photographs or films, illustration, animation, audio, or other recordings taken of me, including my appearance, likeness, and voice during the recording session.
The non-refundable session fee and signed contract is required to secure the session appointment.
If in the unlikely situation that Heather Durham is unable to perform photography services based on circumstances beyond her control (see Limitation of Liability), the full session fee will be applied to a session to be rescheduled at a later date.
This Contract incorporates the entire understanding of the parties and is governed by the laws of the States of Tennessee and Alabama. Any modifications of this Contract must be in writing and signed by both parties.