General Photography Services Agreement

Everly Era Photography LLC

This Photography Services Agreement (“Agreement”) is entered into between Everly Era Photography LLC (“Photographer”) and the undersigned client (“Client”).

1. Client and Session Information

Special requests or agreed details:

2. Selected Package

Client selects the following service:

• ☐ Senior Photography Session — $150 Includes the photography session and a private digital gallery containing a minimum of 10 individually edited photographs.

• ☐ Couples Photography Session — $250 Includes the photography session and a private digital gallery containing a minimum of 50 individually edited photographs.

• ☐ Personal or Professional Portrait Session — $100 Includes the photography session and a private digital gallery. The guaranteed minimum number of edited photographs, if any, will be stated here:

• ☐ Business Marketing Portfolio — $150 Includes the photography session and a private digital gallery containing a minimum of 20 individually edited photographs, together with the business-use license described in this Agreement.

Additional services, fees or customizations:

3. Retainer and Payment

A nonrefundable retainer equal to 25% of the total package price is required to reserve the session date and time.

The session is not booked until Photographer has received both the signed Agreement and the retainer.

The remaining balance is due no later than 48 hours before the scheduled session unless the invoice states another due date. Photographer is not required to photograph the session or deliver photographs while an amount remains overdue.

A returned payment, reversed card payment or disputed charge may be subject to any lawful processing costs incurred by Photographer.

4. Services and Image Quantity

Photographer will provide photography and editing services consistent with the selected package and Photographer’s current portfolio style.

A “minimum” image quantity means that Photographer will deliver at least that number of edited photographs when the session occurs as planned and sufficient usable images are created. Photographer may deliver more images at Photographer’s discretion.

Photographer is not required to deliver every image captured during the session. Blinks, test images, duplicate compositions, missed focus, unflattering expressions, technically unsuitable images and images that do not meet Photographer’s artistic standards may be excluded.

Unedited files, RAW files, rejected images and source files are not included.

5. Artistic Style and Editing

Client acknowledges that photography is a creative service and has reviewed Photographer’s portfolio.

Photographer retains discretion concerning posing, composition, lighting, camera settings, image selection, cropping, color correction, retouching and final editing. Differences caused by weather, location, lighting, participant cooperation, appearance, wardrobe or other session conditions are not grounds for a refund.

Standard editing may include exposure correction, color correction, cropping and Photographer’s customary finishing style. Extensive body modification, object removal, background replacement, clothing alteration, head swapping or other advanced retouching is not included unless agreed in writing and may require an additional fee.

Photographer will not materially alter a participant’s body, facial features or appearance without permission, except for minor temporary blemish correction performed in Photographer’s discretion.

6. Client Responsibilities

Client agrees to:

• Arrive on time and prepared;
• Provide accurate contact and session information;
• Obtain any necessary permission to enter or photograph at the selected location;
• Disclose applicable location restrictions or permit requirements;
• Supervise children and animals throughout the session;
• Inform Photographer of accessibility needs, allergies, safety concerns or material limitations;
• Ensure that clothing, hair, makeup, props and participants are ready at the scheduled start time; and
• Cooperate reasonably with posing, lighting and location directions.

Photographer is not responsible for reduced image variety or quality caused by lateness, lack of cooperation, participant behavior, restricted access, wardrobe issues or conditions beyond Photographer’s reasonable control.

7. Minors

A parent or legal guardian must sign this Agreement when the primary Client or photographed participant is under 18.

The parent or legal guardian is responsible for the minor’s supervision and safety. Photographer will not transport or supervise a minor participant independently unless separately agreed in writing.

8. Cancellation and Rescheduling

The booking retainer is nonrefundable.

Client may request one complimentary reschedule by giving at least 72 hours’ notice. The retainer may transfer once to a mutually available date occurring within 60 days of the original session.

A second rescheduling request, a request made less than 72 hours before the session, or failure to appear may require a new retainer.

For cancellations made at least 72 hours before the session, Photographer will refund amounts paid above the retainer, less any nonrefundable third-party costs.

For cancellations made less than 72 hours before the session or for a no-show, all amounts paid may be retained as reasonable compensation for the reserved date, preparation and lost booking opportunity, to the extent permitted by law.

Photographer may make reasonable exceptions for documented emergencies, hospitalization, contagious illness, bereavement or dangerous travel conditions.

9. Weather and Safety

Photographer will make the final professional determination regarding whether outdoor weather or location conditions are safe and suitable for photography.

If Photographer postpones the session because of lightning, severe weather, dangerous heat, unsafe conditions or another reasonable safety concern, all amounts paid will transfer to a mutually available replacement date.

Photographer may stop or leave a session when Photographer reasonably believes that a person, animal, location, activity or condition presents a threat to health, safety or equipment. No refund is required when the unsafe condition was created or knowingly permitted by Client or another participant.

10. Photographer Emergency or Inability to Perform

If Photographer cannot perform the session because of illness, emergency, equipment failure or another circumstance within Photographer’s responsibility, Photographer may offer a replacement date.

If the parties cannot agree on a replacement date, Photographer will refund all amounts paid for services not performed. Except where prohibited by law, Photographer’s financial liability for inability to perform will not exceed the amounts Client paid under this Agreement.

11. Delivery

Final edited photographs will be delivered through a digital download gallery.

Estimated delivery time: calendar days after the completed session.

Delivery dates are estimates unless expressly identified in writing as guaranteed. Photographer will notify Client of a material delay.

Client is responsible for downloading and backing up the gallery promptly. Unless the booking confirmation provides a longer period, the gallery will remain available for at least 30 days after delivery.

Photographer does not guarantee permanent online storage. A gallery-restoration or archival retrieval fee may apply after the gallery expires, and Photographer does not guarantee that archived files will remain available indefinitely.

12. Client Review and Correction Requests

Client must notify Photographer in writing of a technical delivery problem, missing promised file or requested correction within seven calendar days after gallery delivery.

Reasonable correction of an editing or delivery error caused by Photographer will be Photographer’s responsibility. A request based solely on personal preference, change of mind or a desire for editing outside Photographer’s established style may require an additional fee.

13. Copyright

Everly Era Photography LLC retains all copyrights in photographs created under this Agreement unless Photographer signs a separate written copyright-transfer agreement.

Purchase of a session does not transfer copyright ownership. Client receives only the license described below.

Client may not sell, enter into contests, materially alter, apply filters to, create derivative commercial products from, claim authorship of or authorize third-party commercial use of the photographs except as expressly permitted.

Reasonable cropping for social-media dimensions is permitted, provided the image is not materially altered.

14. Personal-Use License

For senior, couples and personal portrait sessions, Photographer grants Client a nonexclusive, nontransferable license to:

• Download and store the delivered photographs;
• Share them with family and friends;
• Display them on personal social-media accounts;
• Use them for personal announcements and personal profiles; and
• Print them for personal, noncommercial use.

This license does not authorize advertising, product promotion, resale, publication by a business, paid media, merchandise or another commercial use.

15. Business Marketing Portfolio License

For a Business Marketing Portfolio package, Photographer grants Client a nonexclusive, nontransferable license to use the delivered photographs for Client’s own business marketing, including:

• Client’s business website;
• Client’s organic social-media content;
• Client’s professional profiles;
• Email marketing;
• Digital advertisements;
• Printed brochures, business cards and promotional materials; and
• Public-relations and media materials promoting Client’s business.

The license does not allow Client to resell the photographs, sublicense them as stock photography, transfer them to an unrelated business, claim copyright ownership or permit another person to use them for an independent commercial purpose.

Vendors working directly for Client, such as a website designer or advertising agency, may handle the files only to create materials for Client. They receive no independent right to use or retain the photographs.

16. Printing and Third-Party Services

Client may use a third-party printing service within the limits of the applicable license.

Photographer is not responsible for color, cropping, resolution, paper quality or production errors caused by a laboratory, printer, social-media platform, device screen or third-party service not selected and controlled by Photographer.

17. Model Release and Portfolio Use

Client’s permission regarding Photographer’s public use of identifiable photographs will be governed by a separate model release.

Declining public promotional use will not reduce the contracted photography service or the number of photographs Client receives.

Photographer may retain session files privately for editing, delivery, backup, recordkeeping, dispute resolution and other internal business purposes.

18. Backup and Data Loss

Photographer will use reasonable professional practices to protect session files before delivery. However, no technology is completely immune from corruption, theft, loss or failure.

If photographs are lost or destroyed before delivery because of circumstances beyond Photographer’s reasonable control, Photographer may offer a reshoot when reasonably possible. When a comparable reshoot is not reasonably possible, Photographer will refund the amounts paid for the affected photography services.

Except where prohibited by law, Photographer’s liability for file loss will not exceed the amount Client paid under this Agreement.

19. Personal Property and Injury

Client and participants remain responsible for their personal property and for following reasonable safety instructions.

Photographer is not responsible for ordinary risks inherent in the location or activity that were not caused by Photographer’s negligence or wrongful conduct.

Nothing in this Agreement releases a party from liability that cannot legally be waived.

20. Independent Business

Photographer is an independent business and not Client’s employee, partner, agent or joint venturer.

21. Force Majeure

Neither party will be considered in breach for delay or failure caused by events beyond reasonable control, including severe weather, natural disaster, government order, venue closure, epidemic, transportation interruption, serious illness or emergency.

The parties will first attempt to reschedule. If performance becomes impossible, Photographer will refund amounts paid for services not performed, less any authorized and nonrecoverable third-party expenses.

22. Governing Law and Disputes

This Agreement is governed by Florida law.

Before filing a lawsuit, the parties agree to provide written notice of the dispute and make a good-faith effort to resolve it informally.

Any legal action arising from this Agreement must be brought in a court with proper jurisdiction in the Florida county where Everly Era Photography LLC maintains its principal place of business, unless applicable law requires another location.

23. Electronic Signatures

Electronic signatures and electronically accepted agreements will be treated as originals to the extent permitted by law.

24. Entire Agreement and Changes

This Agreement, the selected package, invoice and any written addendum constitute the complete agreement between the parties concerning the session.

A change is valid only when confirmed in writing by both parties. If one provision is found unenforceable, the remaining provisions will continue to apply.

25. Acceptance

By signing below, Client confirms that Client has read, understood and agreed to this Agreement and has authority to sign for any minor participant identified in the booking.

Client

Parent/Legal Guardian, if applicable:

Everly Era Photography LLC

Title: Authorized Representative