COMMERCIAL PHOTOGRAPHY AGREEMENT
This is an Agreement for photography services to be provided by D. Selbak Photography and/or individuals subcontracted to do work for D. Selbak Photography. Any changes to this agreement must be made in writing, and signed by both parties.
Payment in full is due at the time of booking to reserve your date and price. Should additional products or services be added at the time of the session / event, an invoice will be sent within 24 hours, and is due within 72 hours of receipt.
If the Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement without further obligation, and retain any monies paid. Returned checks will be assessed a $50 non-sufficient funds fee, and all future payments must be paid by Cashier’s Check.
Payments can be made via cash, check, or credit/debit card.
Client agrees to reimburse the Photographer for all reasonable expenses incurred in creating the images, provided that such expenses shall be itemized and supported by invoices. Client is responsible for all out-of-pocket expenses, such as parking, entry, toll and other expenses directly related to the photographic assignment. Such expenses will be billed as they become available.
In the event that the client specifies a certain location to be used during the session, the client is responsible for all related location fees, such as location access fees and parking. Client is also responsible for arranging the location access and any permits/passes related to doing so.
Ground travel up to 50 miles roundtrip from Tigard, Oregon, U.S.A. is included. After 50 miles, mileage will be charged at $0.75/mile. Lodging may be required if the venue is more than 60 miles from Tigard, Oregon, U.S.A.
EVENT FOOD SERVICE
The Client is required to provide the Photographer (and any assistants/additional photographers associated with the Photographer) a meal for assignments / events of six hours or longer. If no meal is provided, it is understood that the Photographer will leave the event for a period of time up to one hour to purchase a meal. The Photographer is not responsible for any photos that may be missed while obtaining a meal.
Client agrees that D. Selbak Photography is the exclusive photographer for this assignment / at this event and other photographers, family, friends or amateurs may be asked to stop photographing if found intrusive. D. Selbak Photography is not responsible for missed shots due to such photographers’ flashes going off, or from them blocking the events taking place.
IMAGES + COPYRIGHTS
The photographs produced by D. Selbak Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without D. Selbak Photography’s written permission.
Upon final payment by the Client, the Client will be granted limited copyright ownership of the resulting images for personal or commercial use for a period of one year from the date of receipt by the Client. Beyond this date, an extension must be purchased from D. Selbak Photography.
A print release is included with digital negatives, with which the owner may make prints for commercial use and sharing, as well as use the images for their blogs, sites, and social networks. Authorship credit in the name of the Photographer (i.e., D. Selbak Photography) shall accompany the Images when reproduced. Photographs that are placed online should be accurate representations of the Photographer’s work, and for this reason the client agrees that they will under no circumstances alter the digital or physical photographs. The Photographer retains copyrights on the photographs.
The Client must obtain written permission from D. Selbak Photography prior to the Client selling the images for profit.
STUDIO USAGE RIGHTS / MODEL RELEASE
Permission is hereby granted to D. Selbak Photography to use any images created under this contract for professional samples, displays, Internet website pages, advertising, exhibitions, contests, or in any manner or medium upon Client's written approval. The Client hereby releases D. Selbak Photography and its legal representatives and assigns from all claims and liability relating to said photographs. Images may also be used in photographic competitions and for publication, in which case the Client will release all profits for images. Please contact D. Selbak Photography to discuss any concerns or special requests regarding this policy.
LIMIT OF LIABILITY
In the unlikely event of severe medical, natural, or other emergency D. Selbak Photography may not be able to fulfill the assignment. Should this happen, the Photographer will be responsible to provide a quality substitute. D. Selbak Photography will make every effort to do so, but if for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the package purchased.
D. Selbak Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that the photographs have been lost, stolen, or destroyed for reasons within or beyond D. Selbak Photography’s control, D. Selbak Photography’s liability is limited to the return of all payments received for the package.
CANCELLATION / RESCHEDULE POLICY
In the event that the Client cancels the assignment / event, the Client acknowledges that the retainer is non-refundable.
In the event that the assignment / event is rescheduled, and the studio does not have the date available, the Client acknowledges that the retainer is non-refundable. If the rescheduled date is available, the Client may transfer their retainer to that date.
FINAL PHOTO PRODUCT
Due to the subjective nature of photography, D. Selbak Photography makes no guarantee, either expressed or implied, with regard to the perceived quality of the Images, as they may be influenced by many factors beyond the control of the Photographer. It is, however, understood that the Client has hired the Photographer based on technical and artistic expertise. The Photographer does not guarantee that everyone involved in the event will be photographed or will be included in the final Images, but will make every effort to do so.
Upon notification, the Client must arrange for pickup and delivery of albums, prints, and other products within a reasonable time period, not to exceed 30 days after notification. D. Selbak Photography is not responsible for any damage that may be incurred while the proofs and/or other final products are in storage after said 30 days.