Family Session Contract & Terms.

Contract for photographic/video services.

This contract is between TFC Photography and You. Henceforth referred to as “Photographer” and “Client” respectively.
It is understood that TFC Photography is the exclusive, official photographer and/or videographer retained to perform photographic services requested on this contract.

Photographer reserves the right to use negatives, RAW Images, edited images and/or reproductions for advertising, display, publication or other purposes, including, but not limited to use on the web, Facebook, Instagram, business cards, or posters.
No part of any order, including previews, will be delivered until the balance is paid in full. Payment for prints will be made online at the time of order.
Original Photographs/Videos are NOT included, only edits. Photographer retains the right to edit the photographs/videos and omit any image. It is understood that Photographer will not deliver every exposure taken. Client agrees to abide by Photographer’s editing decisions.
Client will receive photos/videos on digital download with print release for personal use. Digital download includes images for printing and may be used on the web, Facebook, Instagram, or email.
Client understands that when publishing photos/videos on websites, i.e. personal website, Facebook, etc., client will not edit the photos in any way, i.e., editing the watermark, cropping, filters, etc.
Client is responsible for making a backup of all photos from the digital download. Photographer will make every attempt to keep archival copies of photos, but does not guarantee that they will be retained indefinitely. Backup Copies are for client use only and may not be distributed to others.

Client shall assist and cooperate with Photographer in obtaining desired photographs. Photographer shall not be responsible for photographs not taken as a result of Client’s failure to provide reasonable assistance or cooperation. Client will be respectful to Photographer and all parties being photographed. Photographer has the right to end session, without refund, if there is a lack of cooperation or respect.
Client will not hold Photographer or the owner of the property liable for any injury that may occur during the session.
The charges in this contract are based on Photographers standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time that the order is placed.
In the event Photographer files suit to enforce any term or condition herein, Photographer is entitled to expenses of litigation, including reasonable attorney fees.

NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce these photographs/videos without Photographer’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
Photographer retains the copyright to the photographs. Printing and/or distribution rights granted as noted below.

All retainers and payments are non-refundable.
• In Event of a catastrophe, pandemic, act of god or natural disaster. Retainer and payments made for services will be transferred towards another date during the same calendar year.

TRAVEL
Travel within 30 Miles of Albert City, IA Or Spencer, Iowa is included in the fee. A travel fee for sessions outside of that radius may be added to the cost of the contract. Contracts that require multiple trips, may require a travel fee for each session. Travel fees are based on mileage to and from the location and may change as necessary. All travel fees must be prepaid.

DIGITAL IMAGES AND PRINT TERMS OF USE
Client may not reproduce the album or files in any way. Additional copies may be purchased for a fee. The album is only for the owner (paying Client) to print photographs (as noted in the release).
Client may not edit the photographs/videos in any way. This includes, but is not limited to, removal of watermarks, cropping, or using filters.

Printed photograph quality will depend on where it is printed. Only prints printed through Photographer will be guaranteed for color and quality.

If included, files in the “web” folder or with “web” in the name are resized and sharpened for web viewing (i.e. Facebook, Flickr, Blogger). These files are watermarked and should be used. Client should not print these files. These files should be used on the Internet (web, Facebook, e-mail, etc.).

Client agrees that Photographer may charge an additional fee for Client’s commercial use of Photographs, including but not limited to advertisements, marketing, and paid modeling. Credit to “TFC Photography” must be given for the photograph.

Photographs may not be entered in photo contests without expressed permission from Photographer. An additional fee may be required for use.

Digital album downloads will be removed after ninety (90) days. A $50 fee will be charged to repost digital album downloads.

Copyright
Client may not give usage of images and videos to any other business, vendor or person. TFC holds copyright on all images and video. Client is not allowed to sign over/send/allows another business/vendor/person to use delivered images and videos usage, Client and buisness/vendor/person will be liable for all license usage fees, and loss of income as well as litigation costs as a result of this violation.

RELEASE AND WAIVER OF LIABILITY

I, HAVING AGREED TO ACT AS A MODEL, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING AND/OR VOLUNTEERING IN THIS ACTIVITY OR EVENT, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault. I certify that I am physically fit, have sufficiently
prepared or trained for participation in the activity or event, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems, which preclude my participation in this activity or event. I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity or event in which I may participate, and that it will govern my actions and responsibilities at said activity or event. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

1) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the ordinary negligence of the provider or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: TFC Photography and/or their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents, the activity or event holders, activity or event sponsors, activity or event volunteers;
2) I INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of participation in this activity or event, whether caused by the negligence of such entities or persons or otherwise.

I acknowledge that TFC Photography and their owners, directors, officers, employees, volunteers, representatives, insurance carrier, and agents are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of TFC Photography.

I acknowledge that this activity or event may involve physical activity, and may carry with it the potential for death, serious injury, and property loss. I hereby consent to receive medical treatment, which may
be deemed advisable in the event of injury, accident, and/or illness during this activity or event. I understand that at this event or related activities, I may be photographed.
I acknowledge that flash photography or strobe lights may be used during this event or activity.

I agree to allow my photo, video, or film likeness to be used for legitimate purpose by the event holders, producers, sponsors, organizers, and assigns. The accident waiver and release of liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

Delivery of finished product, Initial Images within 4 weeks. Final Product after selections must allow 12 weeks.

Edited Digital Images Only Included. Total Images Vary Per Session.

Family Sessions Include 25 Digital Images Delivered Online.