This agreement is entered into between Bilimama Photography, (the "Photographer") and the undersigned client or clients (the “Client”) (Photographer and Client collectively the “Parties).
The fee for Environmental Headshots for 6 people in an office setting is $550. Each person will receive a minimum of 2 headshots. A group photo is included in the fee. A non-refundable deposit of $150 is required before guaranteeing the date as booked. The rest of the fee must be paid at the date of the session.
Photographs to be Provided.
Photographer will provide edited photographs (the “Photographs”) in an online gallery. The Photographs will be provided to the Client as soon as is reasonably possible. In most cases, the Photographs will be provided in two weeks (unless otherwise agreed upon).
Use of Photographs by Photographer.
Permission is hereby granted to the Photographer to use the Photographs for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Clients will not be identified in samples, etc., however, clients can and are encouraged to tag themselves in their photos.
Retouching and additional editing.
The Photographer edits all photographs by ensuring that they represent each and every person featured as realistic as they looked at the time of the event. Slight retouching is included if and when the photographer sees a need for it to enhance the effect of the photographs (this includes removing a temporary spot/cut/bruise off a face in portraits). If the Client requests further retouching (correction of makeup due to poor makeup applications, removal of many wrinkles, extensive removal of marks and freckles off face and body, etc.) or other extensive retouching in general, there will be a fee imposed per image.
Copyright and Permission.
Photographer retains all copyrights to the Photographs. Photographs cannot be edited, cropped, or altered by the Client.
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed creditable as professional in quality and within the photographer’s artistic standards.
Integration, Severability and Choice of Law.
This agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior and simultaneous agreements between the Parties. The only way to add or change this agreement is to do so in writing, signed by all the Parties. If the Parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This agreement shall be construed under the laws of the Commonwealth of New Jersey.
Waiver and Limitation of Liability.
NEITHER OF US SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FROM LOST PROFITS, LOST USE, DAMAGE TO GOODWILL OR ANY OTHER THEORY EVEN IF THE PARTY HAS BEEN AD- VISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SHALL APPLY TO MATTERS RAISED BOTH IN CONTRACT AND TORT. IN ANY EVENT, THE LIMIT OF THE PHOTOGRAPHER’S LIABILITY (AND THE LIABILITY OF ITS EMPLOYEES, PRINCIPALS, REPRESENTATIVES AND AGENTS) SHALL BE EQUAL TO THE AMOUNT PAYABLE BY CLIENT TO THE PHOTOGRAPHER UNDER THIS AGREEMENT.
By endorsing below, the Client agrees to the above terms and conditions, and acknowledge that they have received, read, and understand this agreement.