My contract is something I give to all of my clients. I want to share this all with you because I want to make sure it is crystal clear and so that it doesn't become intimidating. I only wanted to go over this is because it seems like a lot, but it just needs some explaining to make it seem less scary.
There are six sections in my agreement: the overview, cooperation, images & copyright, model release, limit of liability, and retainer & payment schedule.
I will copy each section and then break it down for you, making it in the simplest terms and letting you know why it is in there.
"AGREEMENT OVERVIEW: This agreement contains the entire understanding between Kaytee Lorentzen Photography and 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 signed a waiver in writing. "
This is the beginning of my agreement. It ultimately states that my business is going into an agreement with the client. It means that this is in writing and that in order for anything to be changed with the following information, it must be changed in writing as a separate waiver and signed by both me (the owner of Kaytee Lorentzen Photography) and the client.
An example would be if you won a session, the last section of the retainer and payment schedule would be changed, so a separate waiver would be made up excusing the client from payment of the session.
COOPERATION: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Kaytee Lorentzen Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Kaytee Lorentzen Photography.
This states that we (Kaytee Lorentzen Photography & the client) will have communication and will cooperate in order to get the best possible session. However, if I am unaware of anything, I am not responsible. If you don't contact me to tell me you're no longer able to do the session, that is on you, just as well as if you are upset I didn't get a specific shot if you did not tell me. This is just making the clients aware that communication is key!
IMAGES & COPYRIGHTS: The photographs produced by Kaytee Lorentzen Photography are protected by Federal Copyright Law and may not be reproduced in any manner without Kaytee Lorentzen Photography’s explicitly written permission. Upon final payment by the client, the client has limited copyright ownership of the resulting images. Which may be used only for personal use and may not be copied, or reprinted without express permission of Kaytee Lorentzen Photography. The Client must obtain written permission from, and compensate Kaytee Lorentzen Photography prior to the Client, or its friends/ relatives publishing or selling the images for profit.
This section is just here to let you know that the images are an artist's work. Republishing them would be in violation of copyright laws. You are more than welcome to share them on social media, there just needs to be credit given. Copyright laws include not altering images by cropping or adding filters. I do understand that social media may pixelate them, or crop them (like Instagram), but try your best to not alter them as much as possible.
MODEL RELEASE: The Client(s) & Subject(s) hereby grant to Kaytee Lorentzen Photography 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; and to copyright the same. The Client hereby releases Kaytee Lorentzen Photography and its legal representatives and assigns from all claims and liability relating to said photographs.
This one just simply states I (owner of Kaytee Lorentzen Photography) am allowed to use this photo for advertisement and may publish them at my own will. If the model is a minor, I do require a parent or guardian signature when it comes to this (unless minor is emancipated). I mainly just use these photographs for my website, social media, and promotional use.
LIMIT OF LIABILITY: In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the event, Kaytee Lorentzen Photography will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability are limited to the return of all payments received for the package purchased. Kaytee Lorentzen Photography 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 Kaytee Lorentzen Photography’s control, Kaytee Lorentzen Photography liability is limited to the return of all payments received for the portrait package.
This is saying that if I am unable to do the photographs for any reason, you will get your money back. It also says that if anything happens to your photographs, you will receive your money back.
RETAINER & PAYMENT SCHEDULE: 50% of the total cost is due at time of signing this agreement. This is a NONREFUNDABLE RETAINER. In the event of cancellation by the Client, the retainer paid is non-refundable. It shall be liquidated for damages to Kaytee Lorentzen Photography in the event of a cancellation, or breach of contract by the Client. The Client shall also be responsible for payment of any Kaytee Lorentzen Photography materials/charges incurred up to the time of cancellation. The retainer shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full on the date of the session before the session begins.
This just states that you must pay a deposit (50% of the session price) at the time of signing, which will make sure that your date for your session is booked. The remaining amount must be paid at the beginning of the session so I am able to take the photographs. It is saying that if there is a cancellation or if this contract is broken by the client, the deposit will not be refunded. Reschedules are not included in the cancellation.
If you have any questions, or are concerned with anything, comment below or reach out to me on my contact me page. I hope this helps you feel better about going into an agreement with me.
Owner & Photographer | Kaytee Lorentzen Photography