NICOLE BROWN PHOTOGRAPHY
PORTRAIT AGREEMENT AND MODEL RELEASE
Session Information and Understanding: This contract is written for the purpose of family, child, senior, newborn, maternity, engagement or other personal portraits. The signing of this contract states the client understands that it is their choice to participate in these photos and the client will not hold Nicole Brown responsible for any negative feelings that may commence due to the images of this shoot. The client understands that they will decide whether or not these images are made public and will make Nicole Brown aware of these preferences. The client is agreeable to the terms, conditions, and timeline of the session, and the delivery of images and products. The client states that they are 18 years or older, or are the parent or legal guardian of the subject(s) to be photographed. If the client is not 18 years or older, they understand a parent or legal guardian is required to sign this contract.
Retainer and Payment: Session fees are $150 for a portrait session or $300 for a newborn session. Please visit (http://www.nicolebrownphotography.com/investment) for full collection pricing. The session fee does not include the price of digital images, prints, or products. The full session fee is required at the time of booking to secure your requested date. Session fees are non-refundable. Invoices are sent electronically via PayPal (www.paypal.com). All invoices must be paid at least 48 hours before scheduled session.
The Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, reservation retainer of $150. No date is reserved until the contract and reservation retainer are received. The retainer fee can be paid electronically; via PayPal (www.paypal.com), check, or money order. Returned checks will be assessed a $40 non-sufficient funds fee and all future payments must be either paid electronically or with a cashier’s check. Please make checks payable to Nicole Brown.
Additional Fees: In the event that the client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved such as location access fees, parking, etc. Client is also responsible for arranging the location access and any permits/passes related to doing so.
Rescheduling: In the event of an emergency, please contact Nicole Brown within 48 hours of the session date if possible to reschedule. A client will have 30 days to reschedule a session date. Client may only reschedule one time without losing the retainer fee. In the event that Nicole Brown has an emergency, she will contact the client within 48 hours if possible to reschedule.
Reshoot Policy: In the event that Nicole Brown is required by the client to reshoot the session without 48 hours prior notice, the client will be responsible for an additional session fee to secure a new session date. Emergencies or illness may exempt client from this and will be at Nicole Brown's discretion.
In the event that the weather conditions are not desirable for the shoot based on Nicole Brown's recommendations, the session will need to be rescheduled and the reschedule fee will be waived. Due to liability and equipment damages, this decision will be at Nicole Brown's discretion.
Limit of Liability: In the unlikely event that Nicole Brown is injured or becomes too ill to photograph the session, a reshoot will be scheduled for the next available time slot. In the unlikely event that photographs have been lost, stolen or destroyed for reasons within or beyond Nicole Brown's control, Nicole Brown's liability is limited to the return of all payments received for the portrait session. The limit of liability for a partial loss of originals will be a prorated amount of the exposures lost based on the percentage of total number of originals.
Proofing Gallery and Purchasing: Images from your session will be available approximately 14 days after your photo session and will be presented to you in an online proofing gallery. A direct link to your gallery (and a password if desired) will be e-mailed to the e-mail address provided on this contract, along with a coupon code for the amount included in the purchased collection, if applicable.
A preview of your gallery (1-2 images) will be posted on my Facebook Fan Page at (www.facebook.com/NicoleBrownPhotos). Images posted on Facebook may be used to tag family and friends and may also be used as profile pictures; however, the pictures may not be altered, edited, cropped, scanned, saved, or downloaded without expressed or written permission by Nicole Brown. If you prefer I not share a preview on Facebook, please let me know.
You will receive fully edited proofs inside your personal gallery. The number of proofs in your gallery will vary and is determined by the length of your session, variety of poses and other factors. A specific number of image proofs is not guaranteed. When your gallery is delivered, you will receive a discount code for the print credit that is included in the collection you purchased, if applicable. Your gallery will be active for 7 days for viewing and to make print selections. It’s very important that you make your selections and place your order within this time period. After 7 days, your gallery will expire and there is a $20 fee to reactivate the gallery if no purchase was made during the initial 7 day window. Galleries that require reactivation after 90 days will require a $40 reactivation fee.
Payment of any print order is due in full when the order is placed online. All print orders will be delivered approximately 2 weeks after your payment is received and clears. Specialty products and larger prints may take up to 4 weeks.
All images are to be inspected by you at delivery. All sales are final.
Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by Nicole Brown to be substandard or duplicated may be edited out. Nicole Brown will use her professional judgment and sole discretion to select which photos to include in the proofing gallery. Such selection shall constitute all images that will be made available to the Client.
Flash Drives and Digital Files (if applicable): Upon receipt of a flash drive or digital image download, Client accepts all responsibility for archiving and protecting the photographs. Nicole Brown does not permanently archive image files. Nicole Brown 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 read flash drives provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Image Processing/Printing: Unless agreed upon prior to any editing work, gallery proof sets may contain a mixture of color and black and white images. An alternately colored version of a photo may be purchased at the current rate. Basic color correction and/or retouching are included at Nicole Brown's discretion. Client may request additional edits, retouching, or changes for an additional charge. Nicole Brown is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab. Nicole Brown suggests www.mpix.com.
Model Release: This contract serves as a model release giving Nicole Brown the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. Nicole Brown can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Nicole Brown.
Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
Copyright: All photographs taken by Nicole Brown are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Images may not be altered, edited, cropped, scanned, saved, or downloaded without expressed or written permission by Nicole Brown. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction: Client agrees to purchase prints directly from Nicole Brown unless in possession of high or medium resolution digital files. Client agrees not to scan, copy or reproduce images in any manner without written permission. Should Nicole Brown become aware of reproduction without permission, Client will remit a usage fee of $100 per image, per usage to Nicole Brown. If high or medium resolution digital files are purchased, a written release will be provided with those files. The release grants the client the right to reproduce the images provided for their personal use only and only according to the terms of the print release, and does not allow the photos to be altered, sold or published. The Client further agrees not to supply images to any third parties without written permission from Nicole Brown.