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This agreement has been freely negotiated and contains the entire understanding between Lorraine Marie Media & Publishing Inc, also known as Lorraine Marie Fotography and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. No amendment to this Agreement shall be valid or binding unless set forth in writing and duly executed by the parties hereto. No waiver of any breach of any term or provision of this Agreement shall be effective or binding unless made in writing and signed by the party purporting to give the same and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived.
If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement to the extent of the particular circumstances giving rise to such declaration and such provision as it applies to other persons and circumstances and the remaining terms and conditions of this Agreement shall remain in full force and effect.
The Client acknowledges and agrees that, unless otherwise specified, any and all rights to proofs, final prints and sample prints shall remain the property of Lorraine Marie Fotography and may be used for advertising, display or any other purpose as determined solely by Lorraine Marie Fotography.
1. Lorraine Marie Fotography shall be the only hired photographer for the session. Lorraine Marie Fotography is not to be held responsible for images missed due to interference.
2. The retainer holds your date and is non-refundable should you no longer require my services. No amount of monies paid to me are refundable unless I experience an emergency that renders me unable to provide the agreed services. In the event that Lorraine Marie Fotography is unable to photograph she may substitute a professional photographer in such events as deemed necessary. Should you fail to perform (you decide that you no longer require my services), liquidated damages shall be charged at the amount of the retainer.
3. Clients are responsible for ensuring the appropriate behaviour of individuals at the session. In the event that Lorraine Marie Fotography or team members experiences any inappropriate, threatening, hostile or offensive behaviour from any client or other person at the session, the client will be immediately informed. If the behaviour continues Lorraine Marie Fotography will terminate coverage and cancel the session. The client will not receive any refund as a result of these behaviours.
4. Clients are aware of Lorraine Marie Fotography’s style and acknowledge that the photographer does not work from a posed shot list and is a documentary photographer. Any requests of images will be taken with consideration but are not guaranteed. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute the final images that will be made available to CLIENT.
5. Should you need to reschedule due to illness, please give me 24-48 hours’ advance notice if possible. You are allowed one event of rescheduling, that is required to be rescheduled at the photographers availability within the 30 days of the original date.
6. If in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of the portrait session, meeting the artistic standards of the photographer, the photographer may elect to use an alternate location or to reschedule the portrait session.
7.If the weather is torrential and we cannot shoot, the session will be rescheduled. Clouds, wind, light sprinkles are not considered a problem and will go ahead as planned.
8. Travel Fees are incurred by the client, when locations are more than 50 km from the Edmonton region.
9. Lorraine Marie Fotography will not offer free or discounted re-shoots on the basis of client regret over wardrobe choice, location choice, etc.
10.LIABILITY Lorraine Marie Fotography is not responsible for loss of, or interference with, the photography due to restrictions on the location, including but not limited to, interference from surrounding devices, access limitations, lighting restrictions, and the like.
10.A. Should Lorraine Marie Fotography be unable to perform this Agreement in whole or in part due to a fire or other casualty, Act of God or nature or terror, or other cause beyond the control of the parties or due to Lorraine Marie Fotography’s illness or injury, then Lorraine Marie Fotography shall return all monies paid by the Client to the Client and Lorraine Marie Fotography shall have no further liability under this Agreement.
10.B. Should photographic materials become damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Lorraine Marie Fotography, then Lorraine Marie Fotography may return any amount of monies paid by the Client to the Client in the sole discretion of Lorraine Marie Fotography and Lorraine Marie Fotography shall have no further liability under this Agreement. The parties acknowledge and agree that an entire photographic service cannot be replicated, re-enacted or repeated for the purpose of a re-shoot and any liability on the part of Lorraine Marie Fotography shall be limited to the amount paid pursuant to this Agreement.
11. Client understands the non-posed nature of photojournalism (assumption of risk) and waives any right to any civil action due to missed or lost photographs (including but not limited to unintentional infliction of emotional distress and negligence).
12. DIGITAL FILES: Upon receipt of digital images, the CLIENT accepts all responsibility for archiving and protecting the photographs. Lorraine Marie Fotography does not permanently archive image files. Lorraine Marie Fotography is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read images provided. It is the CLIENT'S responsibility to make sure that digital files are copied to new media as required. Requests for additional or replacement copies of these files will incur an additional cost of $300.00per set. Digital images are delivered to a maximum resolution of 2500 pixels on the long side at 300 dpi and a low resolution designed for social media sized at 960 on the long side and at 72 dpi.
13. PRINT, ALBUMS & PRODUCTS: Client is aware the colour dyes in photographic material may fade or discolour over time due to the inherent qualities of dyes, exposure to sunlight and storage systems. The client releases the photographer from any liability for any claims whatsoever based upon the inherent qualities of all print products. Product Delivery scheduled 6 weeks after the Ordering Appointment. Arrangements for Shipping outside of the Edmonton region may incur additional charges.
13. A - All images delivered receive full colour correction and editing to ensure high quality prints if taken to a PROFESSIONAL lab. The Client agrees to assume full responsibility for care and condition of images. Lorraine Marie Fotography recommends storing digital images & copies in several locations, including off site storage. Lorraine Marie Fotography is not responsible for the colour reproduction of enlargements from these files that have been taken to non-professional and/or consumer type labs. Requests for additional or replacement copies of these files will incur an additional cost of $300.00 per set, images are kept on file for approximately one year following the session but are not guaranteed.
13.B. Clients receiving albums agree that Lorraine Marie Fotography creates the custom design at her discretion, to discern the documentary story that is to be told.
The photographs produced by Lorraine Marie Fotography are protected by Canadian Copyright Law all rights reserved and may not be reproduced in any manner without Lorraine Marie Fotography explicitly written permission. Lorraine Marie Fotography retains the copyright.
15.PERMISSION to PRINT, is granted to the client and limited to personal use only. The client is free to use images for personal use, is non-transferable and for non-commercial uses and does not own the copyright of the images. Client may not alter images, edit images or manipulate images. Client is given permission to make prints or gifts from digital files. The client may not sell the images, files or prints produced from the digital files.
16. Any images posted on social media platforms, blogging platforms are required to link to either the facebook page or to the website.
17.Images may not be released or transferred to any other person, company, news agency, web company, blog , for profit or commercial uses. Lorraine Marie Fotography retains full copyright of these images and credit must be given to the photographer. Any alterations to the images is subject to copyright infringement. Images cannot be altered or used in any competitions as per the Canadian copyright law.
18.MODEL RELEASE: The CLIENT hereby grants to Lorraine Marie Fotography 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 Lorraine Marie Fotography and its legal representatives and assigns from all claims and liability relating to said photographs.
19.COMPLETION SCHEDULE: Digital processing takes approximately 6 weeks.
20.Additional : Upon viewing samples of my work, you have decided to invest in my services to photograph you and 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 colour, some are B&W. This is my interpretation and vision as an artist.
21.The charges in this contract are based on the Photographers Standard Price List. The price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Major retouching is NOT included in any of the files and is incurred at a rate of $50/hour upon request.
Any and all NSF cheques will be subject to a $55.00 administration fee.
Release Form for additional family members
The CLIENT hereby grants to Lorraine Marie Fotography 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 Lorraine Marie Fotography and its legal representatives and assigns from all claims and liability relating to said photographs _________ Example as Follows: List Names with their Date of Birth
(Partner/husband.. Rod Smith , January 1, 1956
Children ( Sara Smith , January 1, 1999 )
Grandmother : Sara Sr. Smith January 1 , 1938