Portrait Photography Service Agreement

 

The portrait session will take place in Paris, France unless another location is agreed upon in advance. Client (any person directly taking part in the portrait session) is responsible for any travel fees outside of Paris. One cab ride per portrait session within post codes 75001-75020 is complimentary.

The Photographer (all owners, employees, and contracted workers of Katie Mitchell Photography) does not guarantee any specific location, pose, photo, or style of photo. If the Client provides examples of their favourite work in advance, the Photographer will be happy to take those into consideration. However, because each session and each day is different, the Photographer cannot guarantee any specific shot. The work provided will be representative of similarly-photographed sessions which can be seen at www.katiemitchellphotography.com.

The Photographer strongly recommends scheduling shoots during morning hours to avoid crowds, protests, security guards, and other obstacles. Shoots outside of morning hours typically result in less photos and more background distractions and clutter. If the Client chooses to waive this advice and schedule a session later in the day, the Photographer is not responsible for these consequences and no additional editing or shooting time will be provided to make up for them.

Shooting time is consecutive and continues unstopped from the beginning of the session, unless otherwise agreed upon in advance. Sessions begin exactly at the agreed upon time whether the Client is present or not. Additional shooting time will not be provided if the Client is late, so the Photographer recommends arriving 5-10 minutes early. Be advised that taxis are often difficult to find and public transport can sometimes be shut down or delayed, so please plan accordingly. Travel time between locations counts towards the session time, so it is advised to keep locations to a minimum.

The Photographer’s email address and phone number will be provided to the Client in advance so that the Client can contact them on the day of the shoot if they are lost, late, or have any questions. The Client is responsible for providing to the Photographer an acceptable way of contacting them while in Paris. If the Client does not provide a means of contact or does not respond in a timely fashion when contacted, and the Photographer is unable to confirm the date and time with the Client, the session may be forfeit. If the Client is unable to communicate while in Paris, please notify the Photographer at least 30 days in advance so that arrangements can be made. If the Client is not present at the agreed-upon location at the time of the shoot and has not contacted the Photographer to notify them of a delay, the Photographer will wait 20 minutes, after which point the session will be automatically cancelled and the Client will be invoiced.

The client is responsible for researching and securing any necessary permits and paying any necessary location fees in advance. In the event that a permit or location fee has not been secured, the Photographer will make a reasonable effort to take photographs at that location until or unless 1) the Photographer or the Client is asked to leave by security or management, or 2) the Photographer feels that continuing to take photos may result in danger or damage to reputation.

The Photographer is not responsible for any reduction or loss of coverage due to forces outside of their control that occur during the shoot, such as but not limited to weather, construction, or other people. The Photographer will attempt to work around these obstacles whenever possible, but in the event that third-party forces cause a reduction or loss of coverage, the Photographer will provide a refund (less services rendered).

The Photographer is happy to be flexible with scheduling and does not charge a rescheduling fee but does ask that if the Client wishes to reschedule the session they provide at least 24 hours notice.

In the unlikely event that the session is cancelled or cut substantially short because of fault on the part of the Photographer, any payments towards the session fee will be refunded (less services rendered).

The full session fee is due on the day of the session. No photos will be edited until the balance is paid in full.

After the session, a link to view the photos in an online gallery and a link to download the full-resolution images will be provided within 60 days. The download link and the online gallery will remain active for six months. The Photographer may leave the gallery active for longer periods of time at their discretion. The Client is responsible for downloading and making backup copies of their images during the allotted time period.

The Photographer will maintain an archived copy of the images for a period of six months, after which time they may continue to archive the images but are under no obligation to do so. If the Client misplaces, loses, or deletes the images, the Photographer may choose to provide or sell a second copy, if available, for an additional fee. The Photographer strongly recommends making multiple copies of the images immediately upon receipt to avoid this situation.

Photos will be provided in JPG form. Approximately 50 images per session will be delivered. Delivered images will not include all images shot. The Photographer will not provide any additional photos, additional editing, or RAW/original photos. The selection, editing, and retouching is done solely at the Photographer’s discretion.

Katie Mitchell is the owner of all images taken and the possessor of all rights, copyrights, and privileges therein. A personal usage agreement will be provided which entitles the Client to certain limited printing and usage privileges. A sample copy of this agreement can be provided before booking, upon request.

The Photographer is happy to recommend other vendors such as makeup artists, hairstylists and florists. However, client’s agreements and contracts with other people and companies are entirely separate and do not fall under this agreement.

The Photographer’s liability is limited to the session fee. In the event of litigation, the Client is entitled to no more than the amount that they have paid directly to the photographer. All litigation must occur within the courts of Paris, France or under a mutually agreed upon private mediator.

MODEL RELEASE

The Client (“Model”) hereby grants to Katie Mitchell (“Photographer”) and her legal representatives, assignees, and those acting under her authority, the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits or pictures of the Model, and the digital negatives, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which Model may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in colour or otherwise, in any media for advertising or any other lawful purpose.

Model hereby relinquishes any right that he/she may have to examine or approve the finished product or products or the advertising copy or printed matter that may be used in connection with an image that Photographer has taken of the Model, or the use to which it may be applied. Model waives any ownership and publication right he/she might be entitled of in connection with the Pictures, with the exception of the personal use of the Pictures as specified in the Usage Agreement. Model agrees he/she has no right to sell, license or publish any of the Pictures to any person or entity.

Model further releases Photographer, its parent company, subsidiaries, affiliates, officers, agents, servants, or employees (“Releasees”) from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting the Model to conspicuous ridicule, scandal, reproach, scorn and indignity. Model also waives any and all claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, that may be sustained by Model, or any of the property belonging to Model, whether caused by the negligence of the Releasees, or otherwise, while performing the photography session, or while in, on or upon the premises where the photography session was performed.

It is the express intent of Model that this document shall bind all members of Model’s family, heirs, assignees and personal representatives.

Model represents that he/she is 18 year or older and this release was willingly signed.

The information below qualifies legally as a digital signature and may be prosecuted as criminal forgery if abused

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