Consumer Law, Warranties Photography contract

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Harold_Wazzu

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I'm starting my own portrait photography business and need to create a contract. I think my contract is pretty solid but would like a second opinion. Thank you
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Portrait Contract

This contract sets forth the agreement between _________________________________
(hereinafter referred to as "Client") and Harold Carlson Photography (hereinafter referred to as
"Photographer"), in the State of Washington, relating to photography services.

1. Sitting Fee, Payment Terms and Conditions: The sitting fee will cover up to 2 hours of
service (also referred to as a "session"). The Client shall pay in full the remaining of the balance
of the $75.00 sitting fee and any additional services incurred by the day the photography
services are rendered at the end of the photography session. Any additional time required past 2
hours will be charged at $40.00 per hour (rounded to the closest half-hour). Payment must be
made using CASH, PERSONAL CHECK or ELECTRONIC PAYMENT (i.e. PAYPAL). Please
make checks payable to Harold Carlson. A paper or electronic receipt shall be provided by the
Photographer to the Client for any and all payments.

2. Deposit: Client understands that a non-refundable deposit of $20.00 is required to reserve
Photographer's services for the agreed upon date and time.

3. Chargeable Time: Chargeable time is time the Photographer uses in order to determine the
final price of the photography session. Chargeable time begins when Photographer arrives at
the agreed upon location of the photography session and ends when both parties agree that the
photography session is over.

4. Cancellation Policy: Client understands that if the event is cancelled or postponed, the
deposit is nonrefundable. Harold Carlson Photography will make every effort to accommodate
postponements as long as there are no scheduling conflicts.

5. NOTICE OF COPYRIGHT and Reproduction: All images and copyrights are the
property of Harold Carlson Photography. Harold Carlson Photography retains the right to sell,
copy, display, and/or publish any/all images created under this agreement, to the general
public, for any reason, including but not limited to: advertising, marketing, sales, print
competitions, educational seminars, and monetary gain. The mediums for display could include
newspapers, magazines, books, television, and the internet, but are not limited to only those
mediums. The Photographer retains these rights even if image files are turned over to the
Client.

6. Completion of Pictures: Client understands that under normal circumstances portrait
pictures will be available within 10 business days after the date of the photography session.
Proofs shall be made available online or via CD. Under normal circumstances, at least 50
photographs will be taken of which at least 20 will be available for Client as proofs.

7. Client's Usage: The Client is obtaining prints for personal use only, and shall not sell said
prints or authorize any reproductions thereof by parties other than the Photographer. It is a
violation of federal copyright law to allow photographs created by Harold Carlson Photography
to be digitally reproduced, copied or scanned without written permission. Any use for general
public or for monetary gain will be considered copyright infringement. The Client must obtain
written permission from Harold Carlson Photography and compensate Harold Carlson
Photography prior to the Client or their friends and family publishing or selling the photographs
for profit.

8. Limited Liability: If the Photographer cannot perform this Agreement due to a fire or other
casualty, strike, act of God or other cause beyond the control of the parties involved (including
inclement weather), or due to illness of Photographer, then any deposit will be returned to the
Client but the Photographer shall have no further liability with respect to the Agreement. If the
Client wishes, another sitting can be scheduled. This limitation on liability shall also apply in the
event that photographic materials are damaged in processing, lost through camera malfunction,
lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In
such cases of outside circumstances, the Photographer is not liable and the Client shall only be
entitled to a refund of their deposit and sitting fee (if paid to the Photographer).

9. Miscellaneous: This Agreement incorporates the entire understanding of the parties. Any
modifications of this agreement must be in writing and signed by both parties. Any waiver of a
breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of
either the same provision or any other provision of this Agreement. The laws of the State of
Washington shall govern this Agreement. No changes may be made to this agreement without
prior authorization. All changes must be initialed and dated by both Harold Carlson and the
Client.

The undersigned have read and agree to all the terms on all the pages of this contract.
Photographer (Signed): _______________________________________
Client (Print): ______________________________________________
Client (Signed): _____________________________________________
Telephone: ________________________________________________
Date: ____________________________________________________

Deposit paid at signing: $____________________ via
( CASH | CHECK | ELECTRONIC PAYMENT | OTHER: Specify ________________)
balance due on or before _______________ $_________________
 
I am not a lawyer nor a forum staff member, but I do have my own business. A couple suggestions:

Any additional time required past 2 hours will be charged at $40.00 per hour (rounded to the closest half-hour).

I would alter this to read "(rounded up to the closest half-hour)." Otherwise people could (logically) claim that you should be rounding back.

8. Limited Liability: If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God

I do not use the term "act of God" in my contract, rather I use "act of nature." This isn't due to any specific religious point of view but from a court case I studied in college (I do have a Criminal Justice degree) where a person had something damaged in a storm and wanted insurance to pay for it. The insurance company stated that it was an act of God and they were therefore not liable to pay. To make the story short, the insurance company ended up having to try and prove the existance of God in a courtroom - for without doing so, they could not rightfully state that God created this act. In the end the insurance had to pay because they could not legally prove that God does indeed exist. If it really came down to it, it's much easier to prove nature exists than God.

:cool:
 
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