DEFINITIONS: The following words marked in CAPITALS will have specific meanings in this contract.
“CLIENT” means the individual that executes this contract.
This agreement contains the entire understanding between Stephanie Belton 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 parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
RESERVATION: A booking form and non-refundable deposit of £75 are required to reserve the photo shoot.
SECURITY DEPOSITS: In the event of cancellation, the security deposit paid is non-refundable.
COMPLETION SCHEDULE: Digital proofs of the photographs taken during the photo shoot will be available on Stephanie Belton’s website within 14 days of the photo shoot. CLIENT is required to choose the photographs they wish to include in the photography package within 7 days from delivery of the proofs. If CLIENT fails to indicate their preference, the photographs will be chosen by Stephanie Belton.
DIGITAL RETOUCHING: Only basic retouching such as colour balancing, cropping and minor cosmetic alterations will be performed by Stephanie Belton as part of the photography package. Any major alterations such as background removal will be quoted for and charged separately upon CLIENT’s request.
PAYMENT SCHEDULE: £75 deposit due before the photo shoot. Balance payable when final order is placed.
COPYRIGHTS AND OWNERSHIP: Until final payment for services rendered is made, the photographs produced by Stephanie Belton are protected by copyright law (all rights reserved) and may not be reproduced in any manner without Stephanie Belton’s explicitly written permission. Upon final payment by the CLIENT, limited copyright ownership of the purchased images will be transferred to the CLIENT under the following conditions:
The photographs are the property of CLIENT for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives.
The CLIENT must obtain written permission from and compensate Stephanie Belton prior to the CLIENT or its friends and relatives publishing or selling the photographs for profit.
EXHIBITION: Requests for specific photographs to be used by Stephanie Belton may be requested at a future time. CLIENT grants Stephanie Belton permission to display selected images resulting from this assignment as an example of Stephanie Belton’s photography work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
MODEL RELEASE: The CLIENT hereby grants Stephanie Belton and assigns the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT and his/her children may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Stephanie Belton and assigns from all claims and liability relating to said photographs.
LIMITATIONS OF LIABILITY: Stephanie Belton takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Stephanie Belton’s control, Stephanie Belton’s liability is limited to the return of all payments received for the photography package.
HEALTH & SAFETY: The CLIENT is responsible for the children’s safety during the photo shoot. The CLIENT must therefore ensure that a responsible adult other than Stephanie Belton is present at all time to supervise the children.
BACKUP: It is the CLIENT’s responsibility to ensure that the digital photographs are adequately backed up after their delivery on CD (e.g. on CLIENT’s PC or external hard drive). In case of loss or damage of the CD, Stephanie Belton cannot guarantee that the photographs will remain available after their delivery to the CLIENT.