Francesco De Maio Photography

Alberghini


Portrait Photography Agreement

Client : 

     First Name : Paula

     Last Name : Alberghini

     E-mail : palberghini@charter.net

     Phone : (508) 829 7370

Subject :

    First Name : Claudia

    Last Name : Alberghini

Date : Sept 2 2017

Start Time :    10:00 AM

Location : 470 Main St Clinton, MA 01510

Session Type :   Senior Portrait 

 

This agreement is between the Client, whose name and address is listed above, and FRANCESCO DE MAIO PHOTOGRAPHY , 470R Main St Clinton, MA 01510.(Photographer).

  1. Retainer and Payment. The Client shall make a retainer in the amount of $ 99.00 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties.  The Client agrees that this retainer is remitted in consideration of the experience, reputation, skill of the Photographer, and in consideration of the inability of the Photographer to schedule other clients during this time. Any payment plan agreement agreed to by the Photographer and the Client shall be included as an addendum to this agreement.  A late payment fee of $ 25.00 shall be applied to the late payment amount in accordance with the payment plan agreement.  No products shall be delivered until the entire amount is paid in full.
  1. Cancellation. If the Client requests to amend or cancel this agreement seven (7) or more calendar days before the agreed upon photographic event date, the retainer shall be applied to a mutually agreed upon reschedule.  If the Client fails to show or cancels at any time before the agreed upon photographic rescheduled event date, the retainer shall be forfeited.
  1. Rescheduling/Late Arrivals. In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least seven (7) calendar days prior to the scheduled event.  Reschedule must be within 3 months of the original date agreed upon.  Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event.  Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.  If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of the Photographer, Photographer may elect to use an alternate location or to reschedule the portrait session.
  1. Completion Schedule. Completion schedules and delivery of products shall be determined from the date of final approval by the Client.  Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement. Prints, albums and any other offered product shall take 6 to 8 weeks from time of final payment to delivery to the Client.  The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around.  An expedited fee of $250 shall be applied to expedited product requests.  The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
  1. Use of Independent Contractor. In the event a third-party Independent Contractor is hired for services and/or products for the photographic event, the Photographer is not liable for any actions by the Independent Contractor. This includes, but is not limited to, allergies as a result of use of the products/services by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
  1. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer.   All orders must be placed within the outlined schedules within this agreement.   No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement. The Photographer shall make gallery proofs available through an agreed upon in-person product consultation.  These proofs shall be available for viewing by the Client within  4 to 6 weeks of the photographic event.  All orders shall be placed during the in-person consultation.  The Photographer reserves the right to use images created under this agreement for advertising, display, publication or other purposes. The Client signing this agreement warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use.
  1. Satisfaction guaranteed. If during the in-person product consultation the client feels the provided products do not completely meet expectations, a full refund of the total amount paid shall be provided. The client shall fill out a written refund form provided by the photographer. A refund check shall be issued within thirty (30) calendar days. In case of cancellation no products either in printed or digital form shall be provided to the client and the photographer shall not be responsible for archiving any images or material related to the refunded session. The only time a refund can be requested is during the in-person product consultation.
  1. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the Client.   The Client shall receive a proof gallery to select from and shall not receive any photographic materials not presented to the Client.  The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control.  Additional processing may be requested for extensive editing  for $50.00 per image.
  1. Copyright and Reproductions. The Photographer shall retain copyright ownership of all works created in the course of this agreement, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.  Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.  The Photographer reserves the right to use images created under this agreement for advertising, display, publication or other purposes. The Client signing this agreement warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use. The Photographer will provide a watermarked web resolution image for every print ordered and does not provide the Client permission to resize or edit photographs in any manner without photographer’s written permission.
  1. Client Usage. The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement.  The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this agreement without express permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client.  Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release. 
  1. Social Media. The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links.  The Client shall not copy, download, screen shot, or capture the photographs in any other fashion.   The Client shall identify the “COPYRIGHT FRANCESCO DE MAIO PHOTOGRAPHY” in the caption of all photographs uploaded to social media websites and profiles. 
  1. Photography and Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.
  1. Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability.   Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited. 
  1. Substitute Photographer. The Photographer reserves the right to substitute with another photographer.  The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement.  The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
  1. Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List (Appendix A). This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. A minimum order of $399.00 is required during the in person viewing session. 
  1. Arbitration.  Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200.   In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
  1. Indemnification.The Photographer shall be held harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
  1. Miscellany. This agreement incorporates the entire understanding of the parties. Any modifications of this agreement must be in writing and signed by both parties.  Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this agreement.  This agreement shall be governed by the laws of the State of Massachusetts.
  1. Attorney’s Fees. If either party to this agreement brings a legal action against the other party to this agreement to secure the specific performance of this agreement, collect damages for breach of this agreement, or otherwise enforce or interpret this agreement, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. 
  1. Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this agreement. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party.

 

APPEDIX A

Standard Price List Valid until Dec 31 2017

BUNDLES

Basic

Silver

Gold

Platinum

399

599

699

1299

2 hours

2 hours

2 hours

2 hours

In person viewing session

In person viewing session

In person viewing session

In person viewing session

399 print credit

599 print credit

799 print credit

1499 print credit

 

5% off professional prints

10% off professional prints

15% off professional prints

 

PRINTED PRODUCTS

Size

Print

Mounted

Metal

Canvas

Acrylic

Wallets (16) same image

60

4×6 (4) same image

60

5×7 (2) same image

60

8×10

60

90

170

300

380

11×14

120

160

340

370

520

16×20

180

250

499

500

740

20×30

230

3630

620

630

1060

30×40

380

580

1200

1180

2030

 

DIGITAL PRODUCTS

1 IMAGE

199

5 IMAGES

699

10 IMAGES

1299

20 IMAGES

1599

 

Prices in US Dollars

MA Sales Tax (6.25%) and shipping and handling cost (if any) not included

Any  printed product purchase will be delivered with a low resolution digital image for social media and small print use (purchased image only)

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Signed by Francesco De Maio
Signed On: September 1, 2017

Francesco De Maio Photography http://www.francescodemaio.net
Signature Certificate
Document name: Alberghini
Unique Document ID: 5700542642e4fdb1d64d191285dbbe57609b6fe9
Timestamp Audit
September 1, 2017 4:19 pm EDTAlberghini Uploaded by Francesco De Maio - francesco@francescodemaio.net IP 74.94.131.121