Client Portrait Agreement,Contract,Waiver & Copyright Acknowledgment
PORTRAIT AGREEMENT & MODEL RELEASE: I give full permission for Smile Portraits to photograph myself and/or my child who is under 18 years of age. I hereby grant Smile Portraits and their legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of myself, family, and/or child(ren), or in which myself, family, and/or children will be included for editorial, trade, advertising, and any other purpose and in any manner or medium; to alter the same without restriction; and to copyright the same. I hereby release Smile Portraits from all claims and liability relating to said photographs. Client has an option to purchase full right for additional $150 (where photographer won't be using her work towards advertising).
Minor / Under-18 Client Policy & Consent Clause
Clients Under 18 Years of Age
If the client is under the age of 18, a parent or legal guardian must be present for the entire duration of the photography session. Sessions for minors will not proceed without an accompanying adult.
By signing this agreement, the parent or legal guardian confirms that:
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They are the legal parent or guardian of the minor client.
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They grant permission for the minor to be photographed by Smile Portraits.
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They understand that the session will take place in a home-based studio.
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They agree to remain on-site and present at all times during the session.
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They release Smile Portraits and its photographer(s) from any liability related to the minor’s participation, except in cases of gross negligence.
Failure to comply with this policy may result in session cancellation without refund.
COPYRIGHT: As a client of Smile Portraits, I acknowledge and understand that the images taken by Smile Portraits are protected by Federal Copyright Laws. I understand it is ILLEGAL to copy or reproduce these photographs elsewhere without the PHOTOGRAPHER's permission, and violaters of this Federal Law will be subject to its civil and criminal penalties. A limited PRINT RELEASE is supplied with the purchase of my session digital files to print your portraits for your own personal use. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering or editing (including Instagram and other filters) your images without the PHOTOGRAPHER's permission. I agree to honor the copyright laws as stated in this agreement.
LIABILITY: Photographer is not responsible for any injuries/sickness inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. It is the responsibility of the client to inform the photographer of any allergies upon booking. The photographer and the baker will not be held liable in the event that a child is found to be allergic to any of the ingredients used to make the cake. The photographer has the cakes professionally made by a third-party. Items may contain or have come in contact with dairy, nuts, eggs and food dyes. Photographer and the baker is not responsible for any injuries/sickness or allergic reactions.
I UNDERSTAND AND AGREE: By signing this contract you are agreeing to the following: No images or products shall be provided before payment is made in full. As an artist, I reserve the right to artistically interpret what I see and in what ways I choose to photograph a scene. This may mean that some shots are color, some are B&W. Images presented to the client are the only images available. If the subject is a minor I certify that I am legally able to give consent for the minor child. I agree that Smile Portraits may use such images for any lawful purposes, including but not limited to publicity, illustration, advertising, and web content. Due to the artistic nature of custom photography all sales are final. You are agreeing that you have the legal authority to grant these permissions and accept all responsibility for such. If you have read this portrait agreement and contract and fully understand the contents thereof please sign below.
DEPOSIT: A non-refundable deposit is due upon booking in order to reserve your Session. All balances are due at the time of session. No part of any order, including proofs will be delivered until the balance is paid in full. Your desired session is not reserved until the deposit is received full and clear. Therefore, the deposit is non-refundable. If you cancel with less than 48 hr notice, you forfeit your deposit and may not reschedule without a new deposit. Re-scheduling may occur to save your deposit if you give at least 48 hours notice and the session is rescheduled within 2 weeks of the original reserved date or if there is a family emergency or serious illness. I cannot always guarantee an available date two weeks out but will try my best to accommodate. Re-scheduling of the session due to bad weather may occur at photographers discretion only.