CLIENT CONTRACT

Download Contract

Parent / Guardian *

Parent / Guardian

First Name

Last Name

Parent / Guardian

First Name

Last Name

Email Address *

Phone *

Phone

(###)

###

####

Address *

Address

Address 1

Address 2

City

State/Province

Zip/Postal Code

Country

Child's Name, Age & DOB *

Child's Name, Age & DOB

Clemencia Stories Told Photography Package *

Select One

Date of Session *

Date of Session

YYYY

Start Time of Session *

Start Time of Session

Hour

Minute

Second

MODEL RELEASE & USAGE (as stated in Client Contract): It is further agreed that The Photographer reserves the unrestricted right to use, display and publish photographs of The Client or in which The Client may be included, as an example of its work, for purposes of window and showroom exhibit, advertising, publication, instruction and/or professional competition, trade, editorial, website, blog, and in any other purpose and in any manner and medium whatsoever; to alter the same without restriction; and to copyright the same all without prior permission. The Photographer must obtain permission prior to sale of photographs for profit. USAGE: The Photographer will grant The Client permission to print the digital negatives for personal use only. The Photographer also grants The Client permission to share digital media limited to personal use only, provided proper photo credit is visible with EACH image: "Tricia S. Ramsay, Clemencia Stories Told.” *

Please check this box to confirm you have read and agree to the above terms.

COPYRIGHT (as stated in Client Contract): The photographs produced by The Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced or altered (i.e. app alteration, filters, converted to B&W, cropped, overlaid, etc) in any manner without The Photographer’s explicitly written permission. Federal Copyright Law protects photographers by giving the author (creator) of the photograph the exclusive right to copy, edit, and distribute images by sale or transfer. These exclusive rights make it illegal to copy, scan, edit or share photographs without the photographer’s written permission. Violators of this Federal Law will be subject to civil and criminal penalties. *

Please check this box to confirm you have read and agree to the above terms.

CLIENT CONTRACT (DOWNLOAD OPTION ABOVE): Please check the box directly below to confirm you have read and agree to the following terms. *

PHOTOGRAPHY SESSION CONTRACT: This Agreement is between Tricia S. Ramsay, Clemencia Stories Told and The Client for photography services and/or photography products relating to The Client’s session. PARTIES: The term “Tricia S. Ramsay, Clemencia Stories Told” (hereinafter “The Photographer”) shall mean photographer Tricia S. Ramsay as well as any other employees, subcontractors, assistants and interns of Tricia S. Ramsay, Clemencia Stories Told. “The Client” shall be those whose names appear above. PHOTOGRAPH(S): The term “Photograph(s)” means all photographic material furnished by The Photographer, including but not limited to transparencies, negatives, prints, digital images, products or otherwise. SERVICES: This Agreement is for photography services and/or photography products as set forth in the “Photography Package” as specified in the “Invoice” and incorporated by reference herein. NO REFUNDS FOR CANCELLATION: On signing of this agreement by both parties hereto and the payment of a retainer, The Photographer will reserve the time agreed upon and will not make another reservation for the specific time frame. For this reason, all retainers and payments made prior to date of cancellation are non-refundable even if the session date is changed or if the session becomes cancelled for any reason. For transactions where The Client has received a copy of the contract and has paid the retainer without returning the contract, the contract will be in full force & effect as if the contract was signed. PAYMENT TERMS: Non-refundable Reservation Retainer of 50% due upon signing. The remaining payment of full balance is due the day of the session. If payment is not made in accordance with the above, no photographs will be distributed by The Photographer without payment in full. If payment is made by check, payment received is deemed received as of the date that the check clears and good funds are available to The Photographer. No photographs will be distributed until payment is cleared. PRICES: The charges in this contract are based on The Photographer’s price list. This price list is adjusted periodically and any future orders or additions to this contract shall be charged at the prices in effect at the time when the order is placed or any changes are requested. TRAVEL EXPENSES: The fee above includes travel within the New York City Metro Area, including Manhattan, The Bronx, Queens, Brooklyn, and Staten Island. Any session beyond these limits will incur an additional fee subject to travel costs (i.e. rental car, train fare, bus fare, flight, hotel). TAKING OF MEDIA: It is understood that The Photographer will be the sole professional photographer retained for the session. Others attending the session are asked not to take photographs, movies, videos or other visual and audio records of the session. COOPERATION / SHOOTING TIME: The parties agree to cheerful cooperation and communication throughout the duration of this Agreement, especially on the day of the session. In the event that The Client or the Client’s guests are unreasonable or hard to work with at any time, the environment, client, or other associated party pose any threat or cause The Photographer to feel unsafe, The Photographer reserves the right to return the Reservation Retainer fee and any payments made by The Client and cease shooting The Client’s session. The Photographer shall then have no further liability with respect to this Agreement to photograph The Client’s session. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to non-cooperation. The Client agrees that punctuality is essential to accomplish the goals of this Agreement. Shooting commences at the scheduled start time. The Client understands that the agreed upon schedule between The Photographer and The Client for each aspect of the shoot is the only time for certain photographs to be taken. In the event the timing of the shoot is interrupted by any person involved being late or not present for photos, or for any other cause that arises, The Client understands that they will be missing out on key photos The Photographer could have taken. The Photographer will not be responsible for any missed shots. All work is strictly documentary in style, and repeated attempts by The Client to pose, manipulate, or control the session will result in The Photographer unable to perform their services. COPYRIGHT: The photographs produced by The Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced or altered (i.e. app alteration, filters, converted to B&W, cropped, overlaid, etc) in any manner without The Photographer’s explicitly written permission. Federal Copyright Law protects photographers by giving the author (creator) of the photograph the exclusive right to copy, edit, and distribute images by sale or transfer. These exclusive rights make it illegal to copy, scan, edit or share photographs without the photographer’s written permission. Violators of this Federal Law will be subject to civil and criminal penalties. MODEL RELEASE: It is further agreed that The Photographer reserves the unrestricted right to use, display and publish photographs of The Client or in which The Client may be included, as an example of its work, for purposes of window and showroom exhibit, advertising, publication, instruction and/or professional competition, trade, editorial, website, blog, and in any other purpose and in any manner and medium whatsoever; to alter the same without restriction; and to copyright the same all without prior permission. The Photographer must obtain permission prior to sale of photographs for profit. USAGE: The Photographer will grant The Client permission to print the digital negatives for personal use only. The Photographer also grants The Client permission to share digital media limited to personal use only, provided proper photo credit is visible with EACH image: "Tricia S. Ramsay, Clemencia Stories Told.” DIGITAL NEGATIVES: The Photographer will release the digital negatives from The Client’s session to The Client in accordance with the terms outlined in the Photography Package. These files will be delivered via an online gallery (known as ShootProof via www.clemenciastoriestold.com) and are subjected to a limited copyright ownership as detailed in the paragraph labeled “COPYRIGHT”. The digital negatives shall remain the property of The Photographer and shall be stored for 3 months (90 days) from the session date via The Photographer. DELIVERY OF PROOFS: Every effort will be made to process The Client’s proofs in a timely manner; however, seasonal demand and time will vary. Due to the artistic nature of photography, completion dates are only tentative, however, every effort will be made to remain within the delivery schedule of 2-4 weeks following the session date. ALBUMS: Albums and books designed and printed by The Photographer will only contain photographs that The Photographer produced from The Client’s session. The studio maintains full design and production control. ALL PHOTOGRAPHS ARE FINAL: All photographs purchased are final purchases. There are absolutely no returns or exchanges for photographs. DISCLAIMER: The Client understands that The Photographer engages in artistic photography and not “traditional” photography. The Photographer creates photographs in accordance with the creative vision of the photographer as an artist. Therefore, the Photographer shall be granted artistic license in relation to the poses photographed and the locations used. The Photographer’s judgment regarding the location, poses and number of photographs taken shall be deemed correct. Photographs taken during the course of the session will be at the discretion of The Photographer. The Client, at its option, may request priority poses in the Proposal. These requests will not be honored unless they are made at least one (1) weeks prior to The Client’s session. Although every effort will be made to comply with The Client’s requests, no shot is guaranteed. The Photographer shall endeavor to photograph all individuals as requested by The Client at some point. The Photographer shall endeavor to capture moments throughout the day as they occur. However, because of the fluid nature of the session, some moments might not be recorded for logistical reasons or otherwise, but The Photographer will not be held responsible for any “missed shots.” While every attempt is made to create the best images possible, no particular photo is guaranteed. LIMIT OF LIABILITY: In the unlikely event that The Photographer cannot perform this Agreement in whole or in part due to a fire or other casualty, acts of God or nature or terror, travel cancellations or due to Photographer's illness or injury or other cause beyond the control of The Photographer, every effort will be made to secure a suitable replacement. In such instances, The Photographer is permitted to secure a suitable replacement without advance notice to The Client. The Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond The Photographer’s control, The Photographer’s liability is limited to a refund of payments received, minus the cost of materials, development and any expended travel expenses. The Client understands that due to the inherent qualities of photographic dyes and materials, the photographs may fade or discolor over time. The Client agrees to release The Photographer from any liability for any claims based whatsoever upon fading or discoloration due to such inherent qualities. COST OF ENFORCEMENT/DEFENSE: The Photographer shall be entitled to reimbursement for any expenses, including all costs and attorneys’ fees, incurred as a result of enforcement or defense of any provisions of this Agreement if The Photographer prevails. ENTIRE AGREEMENT: This Agreement contains the entire understanding between Tricia S. Ramsay, Clemencia Stories Told and The Client. This Agreement supersedes all prior and simultaneous agreements, both verbal or written, between the parties, and is governed by the laws of the State of New York, USA. Any changes to this Agreement must be in writing and signed by both parties.

ELECTRONIC SIGNATURE: By providing your Electronic Signature on this Agreement, all Parties have received, read, understood, and hereby agree to all of the terms set forth herein. Each Client signing will be jointly and severally liable for the full payment to be made pursuant to the terms of this Agreement. *

First Name

Last Name

RELATIONSHIP TO THE PERSON(S) BEING PHOTOGRAPHED *

DATE *

DATE

YYYY