Coverage price and terms agreed upon between both parties are as follows:
The session fee covers Nicole Styles Photography time + talent as well as your online gallery. The non-refundable session fee is required in full to your secure session date, and does not cover any additional prints or products. All photographs, digital file or specialty product purchases shall be billed in addition to the session fee and in accordance with the current Nicole Styles Photography price list. In addition to the session fee, any additional product charges set forth below shall be billed if and when incurred.
I hereby give Nicole Styles (the Photographer), his or her assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use my name (or any fictional name), picture, portrait, or photograph in all forms and in all media and in all manners, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium) for advertising, trade, promotion, exhibition, or any other lawful purposes, and I waive any right to inspect or approve the photograph(s) or finished version(s) incorporating the photograph(s), including written copy that may be created and appear in connection therewith. I hereby release and agree to hold harmless the Photographer, his or her assigns, licensees, successors in interest, legal representatives and heirs from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the photographs, or in any processing tending toward the completion of the finished product, unless it can be shown that they and the publication thereof were maliciously caused, produced, and published solely for the purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn, and indignity. I agree that the Photographer owns the copyright in these photographs and I hereby waive any claims I may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel. I am of full age* and competent to sign this release. I agree that this release shall be binding on me, my legal representatives, heirs, and assigns. I have read this release and am fully familiar with its contents.
Terms and Conditions
1. Deposit and Payment. The Client shall make the full session deposit fee to retain Nicole Styles Photography to perform the services specified herein. Product orders require a 50% deposit for order placement. At such time as this order is completed, the deposit shall be applied to reduce the total cost and Client shall pay the balance due. If the Client refuses delivery of the order or refuses to pay within thirty (30) days of this order, Client shall be in default hereunder and shall pay 10% percent interest on the unpaid balance until payment is made in full.
2. Cancellation. If the Client shall cancel this Agreement 30 or more calendar days before the session date, any deposit paid to the Photographer shall be refunded in full. If Client shall cancel within three (3) days of the session date and if Nicole Styles Photography does not obtain another assignment for that time, liquidated damages shall be charged in a reasonable amount not to exceed the deposit.
3. Photographic Materials. All photographic materials, including but not limited to digital files, proofs, and previews, shall be the exclusive property of Nicole Styles Photography. Nicole Styles Photography may, with the Client's permission, make the proofs available on a Web site or USB.
4. Copyright and Reproductions. Nicole Styles Photography shall own the copyright in all images created and shall have the exclusive right to make reproductions. Nicole Styles Photography may make reproductions for the Client or for its samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the studio. If Nicole Styles Photography desires to make other uses, they shall not do so without first obtaining the written permission of the Client.
5. Client's Usage. If the Client purchases prints, the corresponding print release is authorized to reproduce their session image(s) for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than Nicole Styles Photography. If Client is obtaining a print for reproduction, Client shall request that a credit for Nicole Styles Photography be placed adjacent to the photograph on publication, but shall have no liability if the publication refuses or omits to do so.
6. Failure to Perform. If Nicole Styles Photography cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to illness, then Nicole Styles Photography shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Nicole Styles Photography. In the event Nicole Styles Photography fails to perform for any other reason, Nicole Styles Photography shall not be liable for any amount in excess of the retail value of the Client's order.
7. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Nicole Styles Photography from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
8. Photographer's Standard Price List. The charges in this Agreement are based on the current Nicole Styles Photography Price List. 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.
9. 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 Wisconsin.
Model Release
I hereby consent that my name and the photographs taken and presented by this photographer may be used by YOUR NAME for the purpose of display, portfolio, advertising, website or any publication to promote her studio or name. I also agree that the images can be used without additional compensation to the undersigned. I am of full age and have the right to contract in my own name. I have read this model release and fully understand the contents thereof.
This release shall be binding upon me and my heirs, legal representatives, and assigns.
I have legal authority to grant these permissions and I accept all responsibility for such.