2 Hour Personal Shoot Agreement
Entire Agreement: This agreement contains the entire understanding between Revolt Studios, LLC, and hereinafter known as the “CLIENT”. It supersedes all prior and simultaneous 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, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have the waiver in writing. This agreement becomes effective immediately upon receipt of the payment.
Reservation: A signed contract and a payment of $275.00 are required to reserve the 2 HOUR Personal Photography Session.
Deliverables: Revolt Studios, LLC will be responsible for up to (2) HOUR(s) photography session that includes the following: 3 edited images, Print Release, and Personal Image Usage License, upon delivery this ends Revolt Studios, LLC contractual obligation. Final edits will not be delivered until all session fees have been paid in full.
Proofs: Proof images will be made available in a private online album within 5 – Business Days after the close of your session. CLIENT’s will have a total of 14-days from the album release date to choose 3 unedited images from the 3 allotted to be edited. Additional edits are $29 per image.
Prints: Prints can be ordered directly through your online gallery and are fulfilled by Bay Photo®. Print pricing and fees are billed separately and are determined upon image purchases.
Cost: The total final cost for this session is $275.00; Your shoot will not start until your final balance is paid in full. In addition to your balance, you will be invoiced for any add-ons, overages, and travel fees if applicable.
Refunds and Chargebacks: 24-HOUR GRACE: Revolt Studios allows clients up to 24-hours after the payment is received to cancel and receive a full refund of the payment minus a $25 cancellation fee. No refunds will be issued outside the 24-hour grace period or for any completed photo session(s) and/or services rendered whatsoever, no exceptions. All sales are final. The CLIENT also explicitly waives the right to file chargeback claims with their Credit or Debit card issuing institution or our merchant provider in order to recover non-refundable deposits and/or session fees for rendered services. In the event, a chargeback is filed you agree to reimburse the photographer for any costs incurred in researching and responding to such chargeback, including without limitation, our actual costs paid to the credit card processor and/or our banks, other third parties, and the reasonable value of the time of our employees and owners spent on the matter, as determined in our discretion in good faith if your chargeback is denied in our favor.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for the photographs. Revolt Studios, LLC is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Revolt Studios, LLC beforehand.
Copyrights: The photographs produced by Revolt Studios, LLC are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Revolt Studios, LLC explicit written permission. It is a breach of this agreement to not only reproduce the images but to display them on social networking sites (Facebook.com, Instagram.com, etc.). If displayed on social networking sites, photos must say, “Photos by @revoltstudios,” somewhere visible on the photo or on the information tab below every single photo. Upon download or images purchased off your online web gallery, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions: The photographic images are the property of the CLIENT for personal use and for the purpose of the reproduction and giving of and/or sharing photographs to friends and relatives.
The CLIENT must obtain written permission from — and compensate Revolt Studios, LLC — prior to the CLIENT or the CLIENT’s friends and relatives publishing or selling the photographs for profit.
Exhibition: Requests for photographic images to be used by Revolt Studios, LLC may be requested at a future time. CLIENT grants Revolt Studios, LLC permission to display selected images resulting from this assignment as an example of Revolt Studios, LLC work, and for entrance into photographic competitions and release all claims to profits that may arise from the use of images. If a CLIENT’s photo is requested to be used in any print or online publication, they will discuss this with Revolt Studios, LLC. Revolt Studios, LLC grants CLIENT limited rights to use the images in marketing materials with specifications that photo by Daniel Anderson of Revolt Studios is listed on the image/article. If CLIENT requests to use the image in the distribution of products such as but are not limited to posters, clothing, etc., a 10% compensation rate of the total number of sales will apply unless otherwise agreed upon in writing.
Model Release: The CLIENT hereby grants Revolt Studios, LLC and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; to alter the same without restriction and to copyright the same. The CLIENT hereby releases Revolt Studios, LLC, and its legal representatives and assignees from all claims and liability relating to said photographs.
Limit of Liability: In the unlikely event that the photographer is injured or becomes too ill to photograph the event, Revolt Studios, LLC will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability are limited to the return of all payments received for the event package. Revolt Studios, LLC 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 Revolt Studios, LLC control, Revolt Studios, LLC liability is limited to the return of all payments received for the session excluding the non-refundable deposit. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.
Weather Policy: In the event of weather conditions that are out of our control:
If the CLIENT has been contacted and advised to reschedule due to the photographer’s concerns about the weather and the CLIENT still proceed with the session and it rains, limiting the time and or photos that are able to be taken, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer’s discretion if bad weather persists to cancel the session, during the session. If the CLIENT has been contacted and advised to reschedule due to the photographer’s concerns about the weather, and the CLIENT decides to go ahead and reschedule, the CLIENT will not be charged to do so. The CLIENT will then be put on the first alert for their session and able to have their session even on non-session days.
Props: The CLIENT is responsible for bringing any props that they would like in their photos. In the event that the CLIENT has forgotten a prop for the session and wants photos with that prop, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
Appearance: In the event that the CLIENT would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
Locations: If you have more than one location for your session, the travel time going from destination 1 to destination 2 and so forth does count towards the total amount of the session time. The CLIENT will also be billed for travel expenses in addition to and separately from the session fee.
Location Access and Fees: If the CLIENT wants to do a session at a location that charges for access, the CLIENT will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so.
Additional Persons: In the event that the CLIENT wants to add additional persons in their shoot (e.g. children, friend, etc), they will be charged $50 per person to add them into the session up to 2 additional persons beyond 2 persons you will be charged a group rate. This policy includes pets. There will be no additional fee for 2 pets. There will be a charge for any additional pet beyond the first two.
Outfits: Although there are no additional fees for additional outfits, the amount of time it takes to change into those outfits does count towards the total amount of the session time.
Tardiness/No-Show: In the event that the CLIENT is late to the appointment set, the CLIENT’s session will still be for the same scheduled ending time. If the CLIENT is more than 45 minutes late the photographer may cancel the session at his/her discretion. An additional rescheduling fee of $100 will be required to reschedule any session canceled due to late arrival or no-shows.
Deposits/Cancellation: Revolt Studios no longer requires a deposit, all session fees are due upfront. In the event of cancellation before your scheduled shoot date/time, 50% of the total session fee of $275.00 including any invoiced add-ons or overages shall be liquidated damages to Revolt Studios, LLC in the event of a breach of contract by the CLIENT. The CLIENT shall also be responsible for payment for any Revolt Studios, LLC material charges incurred up to the time of cancellation.
Indemnification: The photographer shall be held harmless for any and all accidents and/or injury to the CLIENT during the course of the session and the immediately surrounding events. The CLIENT understands by entering into this agreement that he/she, and/or his/her company waives all rights to legal remedies against the photographer and Revolt Studios, LLC in the event an accident and/or injury may occur.
Completion Schedule: Editing can take up to 14 days to complete after selections have been made and Revolt Studios, LLC has been notified of selections for edit.
Legal: If either party to this contract brings legal action against the other party of this contract to secure the specific performance of this contract, collect damages for breach of this contract, or otherwise enforce or interpret this contract, the prevailing party shall recover reasonable attorney’s fees and all cost, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled in a United States Court of Law by a licensed Judge, or Justice of the Peace in the jurisdiction closest to Revolt Studios, LLC headquarters. Notwithstanding the foregoing, either party may refuse to file a claim or seek settlement for a sum less than $200. In no event shall an award in court initiated under this clause exceed the contracted price of the controversy in dispute.
I Daniel Anderson member of Revolt Studios, LLC approve the terms of this Contract Agreement:
