1. PURPOSE: This constitutes an order for photography services between Leila Saghafi (hereinafter “PHOTOGRAPHER) and the party hiring the service (hereinafter “CLIENT”). It is understood that PHOTOGRAPHER retains any and all copyrights for any and all images taken pursuant to this Agreement, unless such copyright is explicitly released or transferred through a separate written agreement. CLIENT may be use such photographs in accordance with the given license and proper attribution to PHOTOGRAPHER pursuant to Section 9 below.
2. LIABILITY: PHOTOGRAPHER agrees to perform the contracted duties consistent with best professional practices. In the event that any or all of the photos taken pursuant to this Agreement should be lost, stolen, damaged, destroyed or corrupted for reasons within or beyond PHOTOGRAPHER’S control, PHOTOGRAPHER’s liability may be limited to rescheduling another shoot at no additional cost. If another shoot is not possible, PHOTOGRAPHER agrees that CLIENT shall be entitled to a full or partial refund of monies paid pursuant to this Agreement. The limit of liability for a partial loss of original media cards/media shall be a prorated amount of the total package paid for, based on the percentage of original images lost. PHOTOGRAPHER is not responsible for any injury, financial, medical or otherwise to CLIENT, their guests, property or their belongings while on the shoot, unless such injury is the direct and proximate result of PHOTOGRAPHER’s negligence. It is the responsibility of all individuals present to ensure the safety of themselves and/or property. CLIENT shall not be held responsible for unintentional and unavoidable damage caused to PHOTOGRAPHER's equipment while one the shoot, or during transport
3. FINAL PHOTOS: PHOTOGRAPHER retains the copyright to all images and media obtained pursuant to this Agreement. PHOTOGRAPHER agrees to produce and give CLIENT the best digital photos possible, but makes no gauruntee, either expressed or implied, as to the quality or quantity of photos. CLIENT understands and agrees to hire PHOTOGRAPHER for their technical and artistic expertise. PHOTOGRAPHER reserves the right to edit the media as they see fit. Only purchased images will be provided to CLIENT. Unedited images, RAW images and photo proofs are the sole property of PHOTOGRAPHER and shall not be distributed to CLIENT unless explicitly agreed upon in a separate written agreement. CLIENT agrees not to edit or alter final images in any way through digital filters, software, photo-apps or any other means. Each instance of unauthorized editing is considered a violation of copyright. PHOTOGRAPHER is under no requirement to submit photos, edits or any such materials on or before any deadline for CLIENT unless required by a signed, written agreement. Prints may be ordered directly through PHOTOGRAPHER's lab of choice. CLIENT shall not be granted access to full-resolution digital files unless PHOTOGRAPHER agrees to release such files under a separate, written agreement. PHOTOGRAPHER makes no gauruntee as to the quality of final prints, and refunds are subject to printing lab's own policies.
4. SERVICES TO BE SUPPLIED: PHOTOGRAPHER shall arrive at the venue with enough time to orient to the site, and shall remain at the venue until specified time. In the event PHOTOGRAPHER is late to the site, CLIENT has the option to request a matching additional amount of time, or request a refund of hourly pricing at a prorated rate. In the event that CLIENT is less than 20 minutes late to the venue, the photoshoot will still end at the intended time. In the event that CLIENT is more than 20 minutes late to the venue, and does not contact PHOTOGRAPHER in advance to make arrangements, PHOTOGRAPHER reserves the right to cancel and CLIENT shall not be entitled to any refund pursuant to section 10.
5. PRICING: The Total Price for the photography services provided are to be determined and agreed upon by separate written agreement before the photoshoot date. All discounts, services and general pricing are at the discretion of PHOTOGRAPHER. Fees not part of original Agreement, charged after the completion of contracted services, are considered optional and are subject to change.
6. PAYMENT: Payments are not transferrable to other persons or dates. For services under 3 hours in length, the payment is due in full to secure the photoshoot date and time on or before the photoshoot start time. Photoshoots may be canceled by PHOTOGRAPHER if CLIENT fails to keep in contact or make required payment prior to a shoot. For shoots over 3 hours in length, an upfront, nonrefundable retainer, as well as pay PHOTOGRAPHER for their time and effort in preparation. The remaining balance will be paid by Cash, Credit Card, or Check no later than 7 days prior to the shoot. Photos will not be shared until all balances have been paid in full. Checks shall be made out to “Leila Saghafi” as a sole proprietorship. Discounts, refunds, gift certificates and other such payment augmentations are at the sole discretion of PHOTOGRAPHER.
7. MODEL RELEASE: PHOTOGRAPHER will provide a photo release in print or digitally to be shared with subjects, and an authorized representative of the location(s). It is the responsibility of CLIENT to advise attendees that the event will be recorded by PHOTOGRAPHER. All indivudials attending will be considered consenting to the release unless PHOTOGRAPHER receives a written request otherwise. A complete and accurate list of contact information for all guests must be accessible by PHOTOGRAPHER. PHOTOGRAPHER does not guarantee that everyone involved in the event will be photographed. It is the responsibility of CLIENT to secure permission of any private venue to be recorded by PHOTOGRAPHER in accordance with this contract. Failure to acquire adequate permissions may result in cancellation of services.
8. NON-COMPETE: During the hours contracted by CLIENT for PHOTOGRAPHER's service, no other photographer for hire, trade, or portfolio may be present at the location. Any images shot by another photographer, professional or amateur, for CLIENT using a professional DSLR, mirrorless, etc. system, from the entire calendar day may not be published online or in print until PHOTOGRAPHER has delivered their contracted images. CLIENT must inform PHOTOGRAPHER if a videographer has been hired. In order to ensure best possible images and a clear line-of-sight, PHOTOGRAPHER reserves the right to request the removal of distracting persons or objects at any point during the event. Images by PHOTOGRAPHER may not under any circumstance be sold by CLIENT to any third party. The sharing/licensing of images to third parties (ie vendors, property owners, etc.) is only allowable under a separate written Agreement. PHOTOGRAPHER retains the right to pursue damages from CLIENT for violation of these terms.
9. PHOTO CREDIT GIVEN: Best effort will be made to give credit to THE PHOTOGRAPHER wherever photos are used, both online and in print. Digital files that include a professional watermark-signature are considered credit given when the watermark has not been cropped. The distribution of unwatermarked files is at the sole discretion of THE PHOTOGRAPHER. For un-watermarked, edited or cropped photos, credit given goes as follows:
a. Social Media – For Facebook: Digitally tag photos individually with “Leila Saghafi Photography” as the photographer. For Instagram: Tag photos individually with “LeilaSPhotog” on the photo itself as well as in the caption. Other social media: Include a credit to “Leila Saghafi” and a link to "https://leilasaghafiphotography.smugmug.com/” whenever possible.
b. Website/other online use – Written credit given on same page photos are used with “Leila Saghafi Photography” in text hyperlinked to “https://leilasaghafiphotography.smugmug.com/”
c. Printed materials – Visible on the same page where photos are used as “Photo by” “Photo credit” or other such language to “Leila Saghafi” or “Leila Saghafi Photography”. Photos posted without proper credit given will be considered infringing on copyright, and THE PHOTOGRAPHER retains the right to charge a fee or pursue damages from THE CLIENT for each instance.
10. CANCELLATION: If PHOTOGRAPHER must cancel a photoshoot for any reason except for breach of contract or non-payment pursuant to Section 6, and another suitable date cannot be found, PHOTOGRAPHER agrees that CLIENT shall be entitled to a full or partial refund of monies paid pursuant to this Agreement. In the event that CLIENT cancels their photoshoot more than 30 days prior, PHOTOGRAPHER will issue a refund for monies paid, less the non-refundable retainer fee for shoots over 3 hours in length. Cancellation of a photoshoot by CLIENT will result in full retail value being charged for discounted services, including but not limited to engagement photoshoots, print packages or travel expenses. No refunds will be given for shoots cancelled by CLIENT less than 30 days in advance. CLIENT agrees that these deadlines exist in order to allow PHOTOGRAPHER adequate time to find work elsewhere.