SYDNEY JOSEPH PHOTOGRAPHY CONTRACT
CONTRACT FOR SERVICES
Unless otherwise specified, it is understood that any and all rights to proofs, sample, final prints and digital photographs shall remain the property of Sydney Joseph and Sydney Joseph Photography and may not be used for advertising, display or any other purpose than personal enjoyment. If Photographer cannot perform the tasks laid out in this agreement in whole or in part due to a cause beyond the control of the parties, then Sydney Joseph Photography will return all fees to the client(s) and shall have no further liability with respect to this Agreement. This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
WAIVER AND INDEMNIFICATION
Client and it’s agent’s, family members and assignees, if any, shall indemnify and hold harmless, Sydney Joseph Photography and Sydney Joseph from any and all claims for damages arising out of the performance of any of the services contemplated by this Agreement with the exception of intentional or illegal acts.
DEPOSITS AND RESERVED TIME
Upon signing this contract, Sydney Joseph Photography will reserve the time agreed upon and will not make any other reservation for the specific time frame. For this reason, all deposits are non-refundable even if the date is changed or becomes cancelled for any reason.
A deposit of 50% is due at the signing of this agreement.
Remaining money will be due on the day of shooting.
It is understood that even with the signing of this contract and/or verbal agreement, no date is reserved without a monetary deposit.
Client agrees to pay any time spent photographing over the discussed period at $150.00 per hour. (separate charge)
DAY OF SESSION
You agree that you will be dressed in your first outfit, and arrive on time to the chosen location. If you are late, time will be taken from your session or charged under “Extra Time” herein, at the sole discretion of Sydney Joseph Photography. Friends and family are welcome, so long as they do not interfere with the photographer and the photography taking place. Pictures with friends and/or family are not permitted unless it has been discussed previously with the approval of the photographer.
PAYMENT AND PACKAGES
Payment towards the rest of the package will be required on the day of shooting. You will not receive any prints, nor will an order for prints be place unless full payment of the entire package is made. Cash or personal cheques are accepted forms of payment. For cheques, no additional work will be done until funds have cleared.
PROOFS • PHOTOS • PRINTS
Please allow up to 14 days from the date of your session to receive your proofs. Allow up to 30 days after you’ve selected your photos for retouching and an additional 7-14 days for your prints to be ready. (subject to change based on printery) Times may vary based on season and other factors.
Proofs are not meant to be full resolution and should only be used as a reference for the photos to choose for retouching. Proof photos are unedited and may not be distributed or posted online for any reason. Distribution or posting of an unedited photo online in any place is considered a breach of contract.
PROOF SELECTION & POSES
Proof selection is sent digitally only. Photos must be chosen within 7 days of receiving your proofs. Failure to do so will result in a delayed process for your photos and an additional charge of $20.00 per day. After 14 days of no proof selection your order will be deferred. You will not receive any extra proofs than the ones deemed by Sydney Joseph Photography to be your “top” photos from the session. Proof selection must be sent by photo number only and must be sent via email.
OUTFIT TIME FRAME
Adjustments to the number of outfits for a shoot must be made with the approval of the photographer within 14 days of the shoot date. If client chooses not to go through with an outfit after it has been paid for or does not do so within the specified time period, client agrees to forfeit the amount paid for said outfit.
RETOUCHING TIME AND PROCESS
The retouching process begins once proofs are selected. Clients who choose their proofs first will have their photos retouched first, regardless of when their photos were taken. Any approved retouched photos will not be considered for re-editing. All changes are final once approved and any extra editing or retouching desired by the client is subject to separate charges per revision.
BREAKS AND MEALS
The photographer reserves the right to a 30-45 minute break for any event requiring 6 hours or more.
Any additional time spent due to lateness of client, retouching, or editing that is not otherwise paid for under this Contract shall be charged at the rate of $50.00 per hour. Sydney Joseph Photography may elect to perform these services or refuse them, at its sole discretion.
COLORING AND RETOUCHING
Basic retouching includes clearing skin, removal of flyaway hairs and single strands of hair in the face and obvious blemishes. Basic retouching does not include physically changing body shapes, fixing clothes, removing people or things from a photo, fixing makeup, or adding things to photos. The client may choose to pay per hour for extra retouching.
Client agrees that unedited photos will not be shared for any reason. The only unedited photos the client will receive are the thumbnails for the proofs to choose for retouching. Client agrees not to post or otherwise share unedited photos. Only your retouched photos will be released.
All outtakes and unedited photos are the property of Sydney Joseph Photography and are not to be shared, distributed or posted under any circumstances.
The photographer is not responsible for any missing, damaged or altered clothing/material belonging to the client. Please be aware that for some photos you may or may not get dirty. It is ultimately your responsibility to make sure that your clothes, makeup, hair and overall appearance are the way you want them to be for the photos. The photographer is not responsible for any styling, makeup issues, hair problems or any other factors in the photography other than the direction and photography of the client.
WEATHER AND SESSION CHANGES
You are able to switch your session because of weather or personal reasons, so long as no other sessions are scheduled on the day and it is convenient for photographer. Locations within 15 minutes of Port of Spain are free. Any other location outside of Port of Spain is subject to a separate charge based on distance.
Unless otherwise stated, all photo sessions come with ONE location in Port of Spain. Additional locations are an additional cost.
Deliverable items and shots are contingent upon the client performing actions and cooperating with the photographer. The photographer is not liable if the client’s neglect leads to a compromise of what has been agreed upon. The photographer shall not be responsible for photographs not taken as a result of the Client’s failure to provide reasonable assistance or cooperation.
DIGITAL FILES • EXTRA PRINTS
All files will be ordinarily be sent digitally through Dropbox or email and will be made available for download. Any additional prints or edited photos are non-refundable.
If you are unsatisfied with your photos, you may be refunded half of the package price if the issue stems on the photographer’s end. You will only be eligible if you make this known to the photographer before any retouching is done and only if the photographer agrees that it is appropriate. If you choose to redo your photos for any reason, it will be considered as a new session and will be priced accordingly. In the event of an emergency, equipment failure, or other unforeseen circumstances, the photographer will return any money given up to that point but claims no further liability. Client(s) agree that an entire event cannot be replicated, reenacted or repeated for the purpose of a reshoot.
The Client is obtaining prints for personal use only and shall not sell said prints. It is not permitted to give/sell photos to vendors having their products or setups photographed in order to be used for advertising or promotion. No commercial use is granted by the issuance of print or digital photos.
It is understood and agreed that no other photographer will be allowed to photograph or take pictures while the Photographer is working. The Photographer shall be the exclusive photographer retained by the Client for the purpose of photographing the event/session. Guests, family and friends of the Client shall be permitted to photograph using mobile phones only as long as they do not interfere with the Photographer’s duties.
PHOTO REORDERING • TIMEFRAME
You may re-order more photos from your session by purchasing more prints. To keep organized and conserve space, your photos may be deleted or unavailable 120 days after your session has taken place, and you waive any and all claims against Sydney Joseph Photography for the unavailability of said photos.
It is the responsibility of the client to pick up any prints in a timely manner. Pickup time must be appropriate to the photographer. The photographer must be made aware of the pickup time 2 days before arriving to the pickup location. You will be contacted and made aware when your photos are ready, but it is your responsibility to check your email for your proofs or retouched photos.
By booking your session, the parties agree that they fully understand and will be bound by the terms above. Any other terms must be agreed to in writing. Otherwise, the terms above will be considered the consolidated, exclusive terms between the parties.