BILLIONAIRE SHOTS

CLIENT/PHOTOGRAPHER AGREEMENT

 

This agreement contains the entire understanding between the client and the Photographer. 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 parties. If any part of this agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this Agreement or 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.

 

RETAINERS AND RESERVED TIME

 

Client understands that 50% of their retainer must be received upon booking their session. Client’s Session date is not officially reserved with Billionaire Shots unless their retainer has been paid and this contract has been signed. Dates and times are limited and come on a first come, first serve basis. Therefore, as a courtesy to all clients, dates cannot be held. Upon receipt of the retainer, the Photographer agrees to reserve the time and date agreed upon and will make no other commitments for that date and time.

 

Client understands that the remaining balance of the retainer must be paid 24 hours before their session commences. Client understands that photographs from the session will not be edited or presented until payment is received.

                                                                                                                                                       

TARDINESS/ ADDITIONAL TIME

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The CLIENT and the PHOTOGRAPHER agree that cooperation and punctuality are essential to accomplish the goals and wishes of the CLIENT. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive on time at the appointed time for the SESSION, shooting will commence at the CLIENT’S arrival time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT.

Tardiness of 25+ minutes without notification will result in a cancelled SESSION and under 25 minutes will result in a shortened SESSION time. NO REFUNDS of any monies paid will be given if the CLIENT is over 25 minutes late without notifying the PHOTOGRAPHER. If the CLIENT will be over 25 minutes late and notifies the PHOTOGRAPHER before the SESSION begins, CLIENT has the option to reschedule the shoot for another day when the PHOTOGRAPHER is available. NO monies paid will be refunded.

 

 

RESCHEDULING / CANCELLATIONS & “NO-SHOWS” POLICY

 

CLIENT must notify the PHOTOGRAPHER at least 48 hours in advance if the SESSION must be rescheduled. CLIENT can reschedule one (1) time, free of charge. Any additional request to reschedule will forfeit the previous retainer and a new retainer must be paid to reserve the new date. Should the SESSION be rescheduled the first time, the retainer paid may be applied towards a new date within 30 days based on the PHOTOGRAPHER’S availability. If CLIENT cannot or does not reschedule within 30 days, CLIENT will lose the retainer and must redo the booking process. When the SESSION is rescheduled the first time, CLIENT agrees to give the PHOTOGRAPHER first opportunity to provide photography services under the same terms and conditions.

Rescheduling due to weather will be determined by the PHOTOGRAPHER. If the PHOTOGRAPHER feels rescheduling is necessary, CLIENT will be contacted with a list of available dates and times to choose from.

If the SESSION is cancelled, or the CLIENT does not show up to the scheduled SESSION, NO refunds of any monies will be given, and the SESSION will NOT be rescheduled. The total monies are paid by the CLIENT to the PHOTOGRAPHER as liquidated damages. PHOTOGRAPHER reserves the right to not schedule any future appointments with CLIENT if SESSION is cancelled or if the CLIENT is a “no-show.”

 

RE-SHOOT POLICY

 

Re-shoots are determined at the discretion of the Photographer. Billionaire Shots will make every attempt to make sure you are more than happy with your images; however, re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, misbehavior, unwillingness to participate, facial expression, by not following the recommendations of the photographer, and things beyond the Photographer’s control.

 

If a re-shoot is scheduled by the Photographer, client must book within 14 days after a re-shoot is agreed upon. If a re-shoot is agreed upon, ALL of the photos from the initial SESSION will be deleted. If photos were selected, edited, and delivered, the option for a re-shoot will no longer be available. The decision of a re-shoot must be made after the CLIENT reviews the images in their gallery and before any images have been selected to be edited. 

 

PRICING

 

The charges in this agreement are based on the Photographer’s current price list. The price is adjusted periodically, and future fees & orders shall be changed at the prices in effect at the time when the appointment is booked & the order is placed. Prices are subject to change at any time without notice unless a retainer had been paid.

 

PAYMENT

 

Payment is accepted in the forms of cash or credit card.

 

 

SAFETY

 

The Photographer reserves the right to terminate coverage and leave the location of the session if the photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at or around the session; or in the event that the safety of the Photographer is in question.

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LIABILITY

 

The Photographer is not responsible for any injuries inflicted upon any participating parties. Client will be responsible for their children, themselves, and any other participating and non-participating party with the client. Client agrees to release the Photographer from any claims against their person or business.

 

PERMITS / LOCATION FEES / EXPENSES

 

The client will be responsible for obtaining all permits and/or paying any fees or commissions required by any venue, person or location being utilized for the session(s) or any sessions included herein this contract. This will include, but not limited to houses of worship, parks, reception venues or event coordinators. Any additional expenses beyond what is outlined in the previous paragraphs and specifics of this contract, including, but not limited to, travel, meals, lodging, admittance and parking fees, will be the responsibility of the client.

 

COOPERATION

 

The client(s) shall assist and cooperate with the photographer in obtaining the desired photographs, including but not limited to specifying persons Photographer’s direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The photographer shall not be responsible for photographs not taken because of the clients’ failure to provide reasonable assistance or cooperation.

 

 EXCLUSIVE PHOTOGRAPHER

 

It is agreed that the Photographer shall be the exclusive Photographer retained by the client for the purpose of photographing the session. NO photos, videos, or professional DSLRs from client’s family or friends are permitted during any. Billionaire Shots reserves the right to ask the client and client’s acquaintances to put away cell phones and cameras.

 

It is further agreed that still/print photography, in any form or manner, by another contracted, paid or compensated individual or business entity, shall be prohibited and shall be deemed a breach of this contract. Any such breach of contract will release the Photographer from any further responsibility under this agreement, and any monies paid by the client will be retained by the Photographer as liquidated damages.

 

OVERALL APPEARANCE / PERSONAL ITEMS / PROPS & DECOR

 

The Photographer shall not be held responsible for the overall appearance of the client The Photographer is solely responsible for the photography. The client agrees to arrive prepared and ready to begin the session. If the client would like additional photos due to appearance out of the Photographer’s control (hair, makeup, clothing, 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. The initial retainer will not be refunded.

 

The Photographer cannot and will not be held responsible for the client’s personal items that are lost, stolen, or damaged during a session. The client is responsible to arrange personal assistance for such items.

 

The client is responsible for bringing any props that they would like in their photos. If the client has forgot a prop for the session and wants photos with that prop, client will be charged for an additional session at the Photographer’s hourly rate to reschedule or shoot additional photos. The initial retainer will not be refunded.

 

ORIGINAL / RAW / UNEDITED PHOTOS

 

The client agrees that the Photographer retains the right not to release original, RAW, or unedited photographs. Photographer shall release only the final photographs that are edited. This is non-negotiable.

 

PROOFS & FINAL IMAGES

 

All session fees must be paid in full before the Photographer edits and presents the final images to the client. This includes, but not limited to add-on fees from additional shooting time and more.

 

Photographer retains the right to edit the photographs and omit any image. It is understood that the Photographer will not deliver every photograph taken. Client agrees to abide by Photographer’s editing decisions. This means that as an artist, the Photographer reserves the right to artistically interpret the outcome of an image. This may mean that some shots are in color and some are in black and white (B&W or BW).

 

Client understands that he/she is NOT allowed to edit, modify, change, distort, etc. any photographs taken by Billionaire Shots. This includes, but not limited to, removing Billionaire Shots logo from the images, adding text to the images, cropping, flipping, or reversing the images, adding Facebook, Snapchat, or Instagram filters on the images, or using any photo editing service, website, or app on any image taken by Billionaire Shots.

 

Proofs will be ready for client to view approximately 72 hours after their SESSION, unless otherwise stated. When the proofs are ready, client will be contacted via email. The email will contain a link to the proofs and instructions on how to access their gallery and select the set number of images that is included in the session fee. Client will also be able to purchase additional images within their gallery. The link will be active for 1 (one) week. After the link expires, clients will have to pay an additional fee of $30 to reopen their gallery. Once payment is received, the gallery will be active for an additional 3 days.

 

Once client selects their final images, client must notify Billionaire Shots. Billionaire Shots will then edit the chosen images and send a link via email to client. If additional images are purchased, Billionaire Shots will invoice client via email. Once payment is received, Billionaire Shots will edit the additional images and send a link via email to the client which will contain all the chosen images as well as the purchased files. The link to the final images will be active for 1 (one) week. After the link expires, client must pay an additional fee of $30 to activate their link. Once payment is received, the link will be active for an additional 3 days.

 

RUSH SERVICES & RUSH FEE

In the event that the Photographer is required to provide Rush Services (as defined below), the CLIENT shall pay an additional Rush Fee. Rush Services are defined as any services that are required to be completed less than 1 week of the PHOTOGRAPHER'S receipt of the request for such services.

The CLIENT agrees that Rush Services are only available on a case-by-case basis, and that the PHOTOGRAPHER reserves the right to decline any request for Rush Services. If the PHOTOGRAPHER agrees to provide Rush Services, the CLIENT agrees to pay the Rush Fee in full at the time of the request, if it was not selected as an add-on when booking an appointment online. Once payment is made by the CLIENT for Rush Services, photos from CLIENT'S session will be pushed to the front of the PHOTOGRAPHER'S editing queue. If two or more clients have paid for Rush Services, the PHOTOGRAPHER will edit on a first come, first serve basis. 

The PHOTOGRAPHER shall use reasonable efforts to complete Rush Services within the specified timeframe. However, the PHOTOGRAPHER shall not be liable for any delays in completing Rush Services that are caused by circumstances beyond the PHOTOGRAPHER'S control, including, but not limited to, equipment failure, acts of God, or acts of third parties.

The CLIENT agrees that Rush Services are provided on an expedited basis and that the PHOTOGRAPHER shall not be held to the same standards of quality as for regular services. The CLIENT shall not be entitled to any refunds or credits for Rush Services that are not completed to the CLIENT'S satisfaction.

 

 

DIGITAL FILES & PRODUCTS

 

Client understands that they should save the digital files on a DVD or a Jump/Flash Drive for safe keeping. Billionaire Shots is not responsible for lost or deleted files and is not required to back up or keep files for the client.

 

Client agrees and understands that digital files are for personal use only and does not give the right to use images commercially. Client agrees to only post web-sized, watermarked, digital images on the Internet and on social media.

 

ADDITIONAL PHOTO EDITING

 

The client agrees to pay the cost for additional photo editing that is not done in the primary photo editing period by the Photographer, which includes, but not limited to, removing unwanted objects, changing colors of objects, and more. Any additional photo editing time will be billed to the client. All additional photo editing fees must be paid before prints or products are ordered.

 

COPYRIGHT

 

All images taken at the session are copyrighted by Billionaire Shots and protected by Federal Copyright Law (all rights reserved). It is therefore unlawful to reproduce our work in any manner unless a print release has been issued to the client. As an artist, Billionaire Shots wish to have control over the final look of her clients’ images. Printing is not allowed unless high resolution digital files are purchased, payment has been made in full, and a print release has been issued. Screenshot images, or reproduced images are both illegal and a degradation of the original image quality. Images copied or printed from social media, the website, or galleries without permission are violations of copyright laws. Adding filters, special effects, or altering images in any way is not permitted.

 

It is unlawful and a breach of this agreement to not only reproduce the images, but to display them on social networking sites (Facebook.com, Instagram.com, etc.) without crediting Billionaire Shots. If displayed on social networking sites, photos must say, “Photos by Billionaire Shots” somewhere visible on the photo or on the information tab below each single photo.

 

Client is not allowed to remove, distort, or change Billionaire Shots’ logo or watermark in any way, shape, or form, from images that are displayed on Billionaire Shots’ social media sites or printed photos.

 

PHOTOGRAPHER’S USAGE / SOCIAL MEDIA / HOLDING FEE/ WITHHOLD FEE

 

The photographer owns the copyright of all images created and has the exclusive right to make reproductions. Permission is hereby given to the Photographer to use reproduction of pictures for general marketing purposes in accordance with reasonable commercial practice including, but not limited to, within the Photographer’s place of business, on the Internet, and for personal meetings with prospective clients.

 

Client understands that all photos taken are copyrighted and owned by Billionaire Shots. Billionaire Shots can use the images taken for promotional, marketing, and portfolio use, which includes being posted on social media. If Client does not want their portraits posted on social media, they must pay the $50 holding fee when booking their session. If this fee is NOT paid at the time of booking, Billionaire Shots may post your images on her social media sites. Client understands that this fee can NOT be paid after their session is booked. Billionaire Shots will NOT remove any images from the session under any circumstances from our social media sites or portfolio if this fee is not paid at the time of booking.

 

If CLIENT wants Billionaire Shots to not post photos from their session until a specific date, CLIENT understands that he/she must select the Hold Until Specific Date add-on fee on PHOTOGRAPHER'S booking site. If CLIENT selects that add-on, Billionaire Shots will not post any photos from their session until the date given by the CLIENT. However, if CLIENT chooses to share the images before the discussed date, Billionaire Shots may also share the images before the discussed date. 

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CLIENT’S USAGE

 

The client hereby agrees that all negatives, digital files and all pictures derived from the session are the property of the Photographer.

 

Upon image distribution 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 client for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives.

 

*The client must obtain written permission from - and compensate Billionaire Shots- prior to the client or the client’s friends and relatives publishing or selling the photographs for profit.

 

The client is obtaining photos for personal use only and shall not sell said photos or authorize any third-party use of any image without written consent from and compensating the Photographer. If the client is obtaining a photo or photos for newspaper announcement of the session(s), editorial use or website, or for any other publication, the Photographer shall authorize the client to reproduce the photo in this manner. In such event, the client shall run a credit for the Photographer adjacent to the photograph. Digital images do NOT give the client the right to use images commercially.

 

RIGHT OF REFUSAL

 

If for any reason, Photographer does not feel able to provide you with the service you require, another Photographer may be recommended. Billionaire Shots reserves the right to refuse service to any CLIENT who knowingly and intentionally disregards any of the aforementioned policies.

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SICK / COVID-19 POLICIES

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To keep my clients and myself healthy for sessions, Billionaire Shots has a COVID-19 Photoshoot Precaution Policies effective immediately. Non-essential guests are not allowed on set of your scheduled photo session in location or in studio. Essential guests are defined as professional makeup artists, hair stylists, or wardrobe stylists hired for your scheduled photo session. Only guests allowed on set of the photo session are those that will be photographed in the photo session. You must communicate with the photographer prior to your photo session if you will be having an essential guest present during your session. All people visiting the studio must sanitize their hands upon arrival to the studio. Hand sanitizer is provided inside the studio. Please do not come to your scheduled photo session if you feel sick or have encounter someone who has been sick within the last 10 days. Even if you only have a common cold. Please alert the photographer if you have any environment related allergies that may cause you to cough or sneeze. You may reschedule your scheduled photo session prior to the date without any penalty if you have ANY kind of illness. The photographer has the right to cancel and end any photo session early if client appears to exhibit any COVID-19 related symptoms. The Photographer will keep 7 feet or more away from all clients and guests. Client and or guest(s) will not be able to view images via the photographer's camera during the photo session to prevent the possible passing of germs and to adhere to the 7-foot social distancing guidelines. Thank you for understanding and abiding by this policy.