Senior Mini Session
**Please read and fill out the form below**
SENIOR PORTRAIT MINI SESSION AGREEMENT
This document is a contractual agreement made between: Brook Moore (referred to hereafter as “Photographer”) and Client.
AGREEMENT TERMS
PORTRAIT SESSION: Client is guaranteed up to 30 minutes of photographing per session. Client and Photographer will determine 1 location for the session to take place. Client is allowed one wardrobe choice and cap + gown. Photographer is not responsible if client and/or key individuals fail to appear or cooperate during portrait sessions. Photographer’s camera is the only camera allowed at the photo session.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the amounts paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours notice of postponements or cancellations is appreciated.
WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer will reschedule for the closest day available, with no additional charge.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions. If the photo session must be rescheduled due to client’s cooperation where the photographer has traveled to reach the destination, additional travel fees will apply.
COPYRIGHT: All images are copyrighted to and remain the property of Brook Moore.
CLIENT’S USAGE: Client is obtaining digital files and a print release. Client understands that Photographer is not responsible for color and print quality for prints obtained through vendors outside of Brook Moore Photography. Prints obtained through Brook Moore Photography are for personal use only. Client shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Brook Moore Photography” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
Images received from Brook Moore Photography may not be altered from their original version in any way. This includes but is not limited to: turning color images to black and white, adding text, cropping, or color accenting. Photographs are hand edited to Photographer's standards and reflect on the artist. Unedited images will not be given to the client or third party under any circumstance.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images. Client grants Photographer permission to post, share, and/or display any images on Photographer’s business social media sites and websites. Client may opt out of social media tagging by selecting “Opt Out” at the bottom of the form below.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. Client releases photographer for any injuries sustained during the photography session. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. Photographer is happy to assist with styling guidelines and with personal suggestions regarding outfit selections. Client understands Photographer assumes no liability in final clothing and outfit selections. Additionally, no reshoots will be offered due to outfits.
INDEMNIFICATION: Client shall indemnify and hold harmless Photographer for any and all injury to Client or guests of Client during the course of the photographic event and the immediately surrounding events.
ARBITRATION: Any controversy or claim arising out of or relating to this Agreement, or a 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 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 $100. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
MISCELLANEOUS: 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.
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, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
PRINT LIFE: Client is aware that color dyes and inks in non-archival prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities when prints are not purchased from photographer. Prints purchased from the photographer are guaranteed against natural light fading and will be replaced in the case of unexpected bleaching.
PORTRAIT FEES: Portrait fees include an initial telephone, email, or in-person consultation with Photographer, up to 30 minute session, and 10 high-resolution digital images. The photographer’s travel within a 15 mile radius of Photographer’s home is covered. Additional travel fees are required for shoot locations outside of stated areas. Senior portrait fees are $300. This fee covers the photographer’s time, creative process, and 10 digital images with a print release. A $150 deposit is due at the time of booking. This deposit is non-refundable. The balance of the portrait fee is due on the day of Client’s portrait session, and is payable before shooting begins, payable by check, cash, Venmo, or Zelle.
PRINT FEES: Prints through the photographer are ordered ala carte. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white. Files are automatically lightly retouched and available in color and black and white for no added fee. Complex retouching may result in an additional fee.
Hi-resolution digital files are delivered via an online site. You may download via computer only through this site. The price for the digital files is not refundable once delivered, and is not adjustable per client.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
This constitutes an order for one Senior Portrait Session with Brook Moore Photography.