Service Agreement
Please read and sign below
Agreement/Jurisdiction: The person(s) whose signature(s) appear on this contract, known as "Client", agree that Lauren Newman Photography, known as "Photographer", shall provide photography services to the best of her abilities, in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the State of California shall govern this contract, and any resulting arbitration shall take place within Southern California. Client assumes responsibility for all collection costs and legal fees incurred by Photographer should enforcement of this contract become necessary. In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Retainer and Payment: Client shall reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation retainer equal to 30% of the total photography fee. No date is reserved until the contract and retainer are received. The balance due for the photography services must be paid in full on the date of the the service. In the event Client fails to remit payment as specified, the Photographer shall have the right to immediately terminate this Agreement with no further obligation, retain any monies already paid, and not provide images. Payment must be made using Cash, Personal Check, Cashier’s Check or electronic payment (i.e. Honeybook, Paypal or Venmo). Please make checks payable to Lauren Newman. Returned checks will be assessed a $35 non-sufficient funds fee, and all future purchases/payments must be paid by Cashier’s Check. Unless the contract is canceled, the retainer fee shall be applied to the photography fee total.
Cancellation: If for any reason Client cancels this contract before the service date, Photographer will keep the retainer. If Client cancels within 24 hours of the service date, Client shall be required to pay the full balance due.
Reschedule: In the event that Client reschedules and Photographer is able to rebook the new date, Client will receive credit for all monies already paid. A new contract may be required. In the event that Client reschedules and Photographer is not able to rebook the new date for the Client, Client forfeits the retainer but will receive a credit for all other monies paid. Credit may be applied to coverage within one year of original date provided Photographer is available.
Liability: If Photographer or her assistant is unable to perform any or all of the duties herein for any reason, including but not limited to, fire, transportation problems, acts of God, accident, illness, or technical problems, and if she cannot provide another competent professional, all money received by Photographer, minus expenses, will be returned to Client, and Photographer shall have no further liability with respect to this agreement. This limitation of liability also applies to any loss/damage of photographs or failure to deliver photographs for any reason. Liability for a partial loss of photographs shall be pro-rated based on the percentage of total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total monies paid by Client under this Agreement during the time preceding the date on which such liability arises.
Photo Digital Negatives: Upon receipt of a photo files, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Images will be stored in an online gallery for 1 month. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client's responsibility to make sure that digital files are copied to new media as required.
Food/Breaks: The photographer(s) will be allowed bathroom breaks when necessary. If a shoot lasts longer than 5 hours, the photographer(s) reserves the right to go off-site for a meal for 60 minutes.
Responsibilities: Unless agreed upon in advance, Lauren Newman Photography, shall be the exclusive photographer. Photographer may bring one assistant and at her discretion. Photographer is not responsible for compromised coverage due to causes beyond her control such as the lateness of the models, or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the locations. Photographer is not responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made with a follow-up email for documentation. If email is sent, confirmation of receipt must be obtained.
Harassment: Ensuring the appropriate behavior of all persons at the shoot shall be the responsibility of Client. In the event the Photographer or her assistant experiences any inappropriate, threatening, hostile or offensive behavior from any person at the shoot (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) then the following process shall be followed: first offense: a verbal warning will be issued to the client; second offense: the offending person will be required to leave the shoot; third offense: Photographer will end coverage immediately and leave the shoot, Photographer shall be entitled to retain all monies paid hereunder and client agrees to relieve and hold Photographer harmless as a result of incomplete photography coverage.
Chargeable time: is time the Photographer uses in order to determine the final price of the photography services. Chargeable time begins when Photographer arrives at the agreed upon location. Any additional time required past the set upon hours will be charged at $300 per hour.
Coverage: Photographer will provide coverage for the date(s), locations and continuous hours specified in this Agreement. Additional travel or coverage hours may be added by agreement on the shoot day and must be paid in full before any photos are released to the Client. Every reasonable effort will be made to take requested pictures, but no specific pose or photograph can be promised. Any lists supplied will be used for organizational purposes only. Images determined by the photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgment and sole discretion to select which photos to deliver. Such selection shall constitute all images that will be made available to Client.
Image Processing/Printing: Digital images will be provided in color. An alternately colored version of a photo may be purchased at the current rate. Limited editing, color correction and/or retouching are included at Photographer's discretion. Photographer is not responsible for any prints or albums. The photographer is responsible for having the final gallery completed no later than 2-3 weeks after the shoot has passed. Any other changes and request may or may not slow down the process.
Image Release: This contract serves as a image release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Lauren Newman Photography, Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.