The Photographer: Latesha Tikili & Tikston Photography
The Client: Any person, body of persons, firm, or Company with whom the Photographer enters into a contract for the sale of goods or provision of services by the Photographer.
Proof: Samples of all edited photos, in which Tikston Photography (The Photographer) holds all exclusive rights to. These cannot be saved to Client’s computer, used on social networking sites, or printed, and will contain either Tikston Photography’s logo, watermark, or proof stamp.
Session Fee: Price including all “non-tangible” portions of the photography session. This includes, but is not limited to The Photographer’s TIME: time spent PREPARING for shoot, time spent DURING the shoot, and time spent EDITING the shoot. Preparing: Includes but is not limited to time e-mailing, setting up the studio (bringing out necessary props, reconfiguring lighting for the shoot, sanitizing props that may be used with newborns and children, and so on). During Shoot: Session fee for newborns always includes a block of 3 hours for the shoot. Standard Sessions in studio up to 2 hours, Standard Sessions on-location includes travel time. Post-Production: Each photo takes approximated 15-20 minutes in post processing. Every full session includes 20-50 edited proofs, Mini-Sessions include 10-15. This also includes time spent setting up Client’s online gallery and personalized shop. Also included in the session fee is the general expense and wear and tear of props and equipment (including but not limited to memory cards, lighting, light stands, diffusers, light bulbs, beanbag poser, props, camera, lenses, and editing equipment).
Digital Purchases: High-resolution digital copies of the final images. When purchased, Client receives a license for Royalty-free for personal use. The owner ("Owner") of the copyrighted photograph or video being purchased (the "Work"), hereby grants you the non-exclusive, non-assignable, non-sublicensable, and perpetual right to use, reproduce and distribute the copyrighted Work for personal non-profit purposes, and to incorporate the copyrighted Work, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Work for any other purpose, including using, reproducing or distributing the Work and/or materials incorporating all or any part of the Work for profit; selling or distributing electronic copies of the Work as stand-alone files or as part of a product from which a person is able to extract the Work as a standalone file; distributing the Work in or as part of an electronic template (e.g., as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Work as part of a trademark, service mark or logo. Owner retains all other rights in the Work and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Work in all markets and territories. In consideration for the grant of this non-exclusive license, you agree to pay Owner the amount specified, due and payable immediately prior to your downloading a digital copy of the Work. This Agreement shall be construed and enforced in accordance with the laws designated by Owner, now or in the future.
1. Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the following time and place.
PHOTOGRAPHER and CLIENT are to arrive for the SHOOT at the agreed upon time and place as referenced above.
PHOTOGRAPHER will perform basic post-processing or digital image editing services on photos where artistically necessary.
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum listed on pricing page in regards to his/her desired session. CLIENT agrees to pay the photographer a non-refundable initial payment of 50% (fifty percent) of total Session fee is due upon booking in order to reserve your Session. The initial payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise the availability of this same time slot to any other potential clients. If CLIENT cancels this shoot for any reason, the initial payment will not be returned to CLIENT. All remaining Balances including 6.25% sales tax is due at the time of the 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 initial payment is non-refundable. If the CLIENT cancels with less than 48 notice, the CLIENT will forfeit the initial payment and may not reschedule without another initial payment for a new Session. 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 PHOTOGRAPHER'S discretion only.
3. Work Product:
PHOTOGRAPHER will deliver proofs of photos to CLIENT no more than thirty days (30 days) after the date of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store the proofs.
All photos delivered to CLIENT are licensed for CLIENT’S personal use only.
CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.
4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, the client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
4.4 - CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT.
4.5 – CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.
4.6 – PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT.
5. Duty of Client:
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT. PHOTOGRAPHER has no duty to obtain the permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to the photographer, or which prevent the photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Exclusive Photographer:
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations. The CLIENT'S failure to do so may result in the PHOTOGRAPHER ending the session prematurely.
7. Model Release:
CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, PHOTOGRAPHER may use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising. PHOTOGRAPHER may sell photos containing CLIENT’S likeness to third parties.
8. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
As a client of Tikston Photography, I acknowledge and understand that the images were taken by Tikston Photography, PHOTOGRAPHER; Latesha Tikili, are protected by Federal Copyright Laws. I understand it is ILLEGAL to copy or reproduce these photographs elsewhere without the PHOTOGRAPHER's permission, and violators 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 your images without the PHOTOGRAPHER's permission. Reproduction includes, but is not limited to scanning, downloading, right-clicking, emailing, saving to a hard drive, posting on websites or blogs, photocopying, obtaining screen shots, or printing in any manner. I agree to honor the copyright laws as stated in this agreement.
By signing below you certify that you are at least 18 years of age. You have read this portrait agreement / contract and fully understand the contents thereof. You agree that you have the legal authority to grant these permissions and accept responsibility for such.