Terms of Mutual Agreement for Portrait Photography
“Photographer”: This agreement describes the type, nature, and duration of work to be performed by, and/or any agent(s) acting on behalf of, Pixel Dust Photography, LLC.
“Client”: Hereafter to be considered the party responsible for completing an online booking with the Photographer(s) and /or booking with the Photographer(s) directly, and/or the parent(s) and/or legal guardian(s) of any minor child(ren) and/or all parties to be photographed.
“Retainer”: A nonrefundable and nontransferable retainer serves two purposes; (1) it reserves the Photographer(s) for the Client’s portrait date and (2) when the final balance for services is due, as outlined in this document, its amount is applied towards the final balance.
“Product”: A digital file on which the Photographer’s image appears on or in and is delivered from the Photographer to the Client.
“Third Party Payor”: Person or entity who makes payment on behalf of the Client.
“Full Resolution”: The maximum number of pixels possible with the cameras used, excluding cropped images.
“Reproduction Rights”: The Client is granted the nontransferable privilege by the Photographer to copy or duplicate digital images received, for personal use only, upon or within any medium, and without alteration (“Photoshop”, “edit”, “crop”, and similar). The Client shall not undertake in any Commercial Use of said images and is excluded from all moral rights to the digital images. The Client shall credit the Photographer when sharing images online.
“Commercial Use”: Client shall not, under any circumstances, utilize any images captured by the Photographer that exchanges said images for monetary or other gain without expressed written permission from the Photographer. The Photographer retains all copyrights and moral rights to the digital images indefinitely.
ENTIRETY OF AGREEMENT AND SEVERABILITY: This agreement supersedes all prior agreements, whether oral or written, between the parties. If any provision of this agreement is found to be invalid or unenforceable pursuant to judicial decree or decision, the remainder of this agreement shall remain valid and enforceable. The section and paragraph headings used in this agreement are inserted for convenience only and shall not affect the meaning or interpretation of this agreement. If the parties wish to waive or alter one provision of this agreement on this agreement, and do so in writing, the other provisions shall remain unaffected.
PAYMENTS: Upon completing an online or direct booking with the Photographer, the Client accepts the following terms and conditions set forth in this agreement and the Client shall remit a retainer to the Photographer for half the package cost. The retainer includes the Photographer’s time to prepare for the Client’s session, photograph, edit, and disseminate images from the Client’s session. The Photographer is retained for the Client’s portrait session only when both the terms are agreed upon and a nonrefundable retainer is received and processed. The remaining balance is due at the portrait session and/or prior to image delivery. Failure to provide payment within the stated time frames shall render this agreement null and void, and the Photographer shall not be obligated to provide services, products, or to return any monies to the Client. There is no penalty for early payment. If a retainer is not received within 7 days of booking, the Photographer reserves the right to cancel the Client’s booking without prior notification.
THIRD PARTY PAYOR: Any Third Party Payor shall not have any bearing, influence, or say to the
provisions of photography for the portrait session or any other aspect of the provisions of photography outside of the portrait session as it pertains to the services provided by the Photographer to the Client. Any returned payment fees shall be the responsibility of the Client.
SERVICE TIMELINE AND ORDERING POLICY: After the Portrait Contract has been agreed to by the Client, the Photographer and Client shall mutually discuss the details of the portrait session. Edited images will be available no later than 14 days after the portrait session and will be presented through an online gallery.
TRAVEL EXPENSES: Portrait Sessions located outside of Hennepin County, Minnesota may be assessed a travel fee of $0.50 per mile as determined by the round-trip distance between Hopkins, Minnesota and the location of the portrait session (20 miles travel included). Non- Minnesota portrait sessions may also be assessed a travel fee inclusive of reasonable airfare, lodging, and transportation.
QUALITY OF SERVICE: To obtain quality consistent with the Photographer’s brand, adequate time as recommended by the Photographer shall be allotted for artistic freedom and composition. The Photographer is not liable for acts of nature or natural phenomenon that might affect the quality or quantity of pictures. The Photographer is limited by the restrictions imposed by all policies at the portrait session location. All fees required to shoot at a portrait session location are the responsibility of the Client.
NON-GUARANTEE OF IMAGE DELIVERY: All decisions pertaining to culling, editing, and final image delivery shall be done at the sole discretion of the Photographer. The Photographer shall not guarantee delivery of any specific image, moment, or composition. It is possible that certain images may not adhere to the quality standards of the Photographer’s brand. If, for any reason, the Photographer deems an image unacceptable, there exists no obligation to deliver said image to the Client. The Photographer shall make a good faith effort to adhere to the Client’s requests. The Photographer is not liable for hindrances from photography caused by other persons, lighting, structures, or similar. The Photographer is not responsible for inclusion of persons who are not present or are uncooperative.
CONFIRMATION: The Client’s session is confirmed upon agreement to these terms and receipt of payment.
Model Release
I hereby give to Amber Rishavy [photographer] of Pixel Dust Photography LLC, the authority and permission to:
a)The unrestricted right and permission to copyright and use, re-use, publish, and republish images, photographic portraits, video or pictures of me or in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
b)I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied. c) I hereby release, discharge and agree to save harmless [photographer], her heirs, legal representatives or assigns, and all persons functioning under her permission or authority, or those for whom she is functioning, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.)
I hereby affirm that I am over the age of majority and have the right to contract in my own name. I have read the above authorization, release and agreement, prior to its execution; I fully understand the contents thereof. This agreement shall be binding upon me and my heirs, legal representatives and assigns.
Minor Model Release AUTHORIZATION
Further, I attest that I am the parent or legal guardian of the child or children listed below and that I have full authority to consent and authorize to use their likenesses and names.
Covid 19
Pixel Dust Photography, LLC cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 while utilizing Pixel Dust Photography LLCs services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Pixel Dust Photography LLCs services and/or enter onto Pixel Dust
Photography LLCs premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19. By completing your purchase you forever release and waive your right to bring suit against Pixel Dust Photography LLC and its owners, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Pixel Dust Photography LLCs services and premises.