TALL + SMALL PHOTOGRAPHY, LLC - PORTRAIT / EVENT CONTRACT | TERMS AND CONDITIONS OF THE AGREEMENT:
1. COOPERATION / AGREEMENT: Both parties agree that the cooperation and communication for the best possible completion of this engagement is of paramount consideration. Thus, even if a third party provides payment, decisions are restricted to the signers of this agreement: the client and Tall and Small Photography (collectively, the “parties”). Nothing in this agreement is intended to and shall not be construed to give any third party any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein.
This agreement contains the entire understanding between Tall and Small Photography and the above named client. It supersedes all prior and simultaneous agreements between the parties in both oral and written communication. The only method of amending or supplementing this agreement is to do so in writing, which is to be signed by all the parties. If the parties wish to waive or alter one provision of this agreement it does not mean that any other provision is also waived.
2. LIMITATION OF LIABILITY: Tall and Small Photography will use reasonable skill and care with respect to exposure, transportation, and editing of the digital files and photographs. However, in the unlikely event that all the digital files and photographs have been lost, stolen, damaged, or destroyed through the fault of Tall and Small Photography, Tall and Small Photography’s liability is limited to the return of all payments received for the portrait/event package. For a partial loss of originals which materially impacts the coverage of the event, Tall and Small Photography’s liability is limited to a prorated amount of the package selected, based on the percentage of event that is not covered due the partial loss of originals. However, in no event shall Tall and Small Photography be liable for consequential, punitive, or exemplary damages. In the event that the client or Tall and Small Photography must change the agreed-upon date, Tall and Small Photography will work with the client to reschedule the event/portrait session.
3. COVERAGE: Tall and Small Photography will provide coverage for the dates, locations and continuous hours specified in this Agreement. The client will be responsible for providing Tall and Small Photography the locations of coverage, including the starting location and ending location. For the purpose of determining the hours of coverage, coverage will begin upon Tall and Small Photography’s arrival at the agreed-upon starting location and end when Tall and Small Photography leaves the agreed-upon ending location. Additional travel or coverage hours may be added up to and on the portrait/event day by agreement with the parties. Tall and Small Photography will provide additional coverage hours at a rate of 250.00 per hour, and the amount owed for additional coverage must be paid in full before any photos or products are released to the client.
Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any supplied lists will be used for organizational purposes only. Images determined by Tall and Small Photography to be substandard or duplicated may be edited out. Tall and Small Photography will use its professional judgment and sole discretion to select which photos to deliver to the client. Such selection shall constitute all images that will be made available to client.
4. MODEL RELEASE: The client grants Tall and Small Photography the unrestricted right to copyright, use, and publish photographs taken pursuant to this agreement for commercial, promotional, competitive, or other purposes without compensation, or liability, to the contracting party.
5. SHOOTING TIME and/or ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the client in a manner enjoyed by all parties involved. The client and Tall and Small Photography agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the event start early or late due to any reason whatsoever, Tall and Small Photography will not be liable for any photographs not taken.
6. DIGITAL NEGATIVES, PRINTS and USAGE: This agreement constitutes an order for portrait/event photography services. It is understood that any and all images (printed or digital) remain the property of Tall and Small Photography. The photographs, digital negatives, or prints produced by Tall and Small Photography are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without Tall and Small Photography’s explicit written permission. Upon receipt of the digital files, the client has the option to secure a non-exlusive print license for personal use of all digital files which means the client can reprint the digital files for personal use but may not edit, sell, or use the files for commercial purposes.
7. ARCHIVING: Upon receipt of the digital files, the client accepts all responsibility for archiving and protecting the photographs. Tall and Small Photography does not permanently archive image files. Neither Tall and Small Photography nor its photographers are 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 discs or files provided. It is the client's responsibility to make sure that digital files are copied to new media as required.
8. BOOKS and PRODUCTS: Books and products can be ordered up to one year after the photography session. For books, Tall and Small Photography will design a layout and send a low-resolution file for review to the client. At this point, the client may suggest additions and subtractions to the design. This process may be repeated twice before the final printing. The clients have six months from the day they receive the first edit to complete the book creation process or else they forfeit the receipt of their product and all costs paid for it. Books and products are priced at the rate listed at the time of product purchase.
9. PAYMENT: This signed contract and the total cost of services are required to reserve the specified coverage. Full payment is necessary in advance for photographic services. The payment is non-refundable..
