Photography Contract

Agreement Overview: This agreement contains the entire understanding between EB Photography (EBP) 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 the parties. 

Reservation: A signed contract and retainer are required to reserve the specified coverage. To assure the appearance of EBP for said date and time, as agreed upon at signing, CLIENT agrees to pay a retainer of 50% service fee upon signing of this agreement. The retainer fee is applied to the grand total of the agreement. Final and full payment of the balance is due exactly prior to or day of  the specified coverage. Retainer fee is non-refundable. The client agrees to provide cancellation notice in writing and releases EBP from any responsibilities and liabilities.

Communication: EB Photography will be in contact with the client through email, social media, phone, etc… Communication is done professionally and only used when needed. 

Edits: Client agrees that EBP will make every effort to assure satisfaction according to accepted industry standards. Any artistic interpretations by EBP will be deemed acceptable and correct. EBP does not guarantee the production of any specific image(s). Events outside of EBP's control such as weather, late arrival of client, missing person, short timelines, venue restrictions, guest interference, intoxicated individuals, etc… may preclude the creation of some images. EBP assumes no liability for failure to comply with the terms of the agreement due to events outside of EBP’s control.

Client is not allowed to edit the final delivered photographs provided by EBP. Photos must be kept as received by EBP.

Time: Sessions include 1 hour of coverage and up to 2 outfits unless otherwise discussed and agreed upon.

Raw Files: Client also agrees that they will not receive the raw files of any photographs from the session. All photographs received will be fully edited by the photographer with the style seen and in accordance to the website: www.brown-jr.com/photography.

FILM and COPYRIGHTS: All digital files will be delivered in high resolution format via online download or USB. Until final payment for services is made, the photographs produced by EB Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without EBP’s explicitly written permission. Upon final payment by the client, limited copyright ownership of the resulting images will be transferred to the client under the following conditions: The negatives, slides, or digital copies of the images are the property of the client for personal use only and for the purposes of reproduction and giving of photographs to friends and relatives. The images may not be cropped, altered or color corrected in any way.The client must obtain written permission from and compensate EBP prior to the client or its friends and relatives publishing or selling the photographs for profit. Images may be posted to social media (with proper photo credit) but must remain intact (no cropping, filters, or alterations allowed). All copyright laws still apply.

Copyright/credit: A credit line should be included with each photo reading “Ed Brown Photography”.

Exhibition: Client grants EBP permission to display selected images as an example of EB 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 to EBP and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client or in which the client 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 EBP and its legal representatives and assigns from all claims and liability relating to said photographs. 

LIMIT OF LIABILITY: In the unlikely event that the Photographer is injured or becomes too ill to cover the event, EBP will return all payments received for the event package. EBP 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 EBP’s control, EBP’s liability is limited to the return of all payments received for the event. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. EB Photography takes each client’s well-being into consideration during events and sessions. Anything can happen, and in the chance that something was to happen and the client gets hurt, EB photography is not liable. If EBP were to ask the client to move to a spot or do something, the client’s “yes” is them agreeing to take responsibility for that action since the client is allowed to say no. Therefore, anything the client agrees to is not EBP’s liability.

General: The laws in force in the state of Maryland will govern this agreement. If any provision of this agreements held to not be enforceable, it will not affect validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. All changes to agreement will be mutually agreeable amongst EB Photography and the client. It is agreed that only written changes will be enforceable to this agreement.

Payment: Payment is accepted in the forms of Cash, Cashapp ($Daxpay) or Zelle.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

02

Location