Kinderkind Commercial Shoot
July 19, 2017 + July 20, 2017
(2) 8 hour days of shooting -- July 19th, 2017 & July 20th, 2017; 150 edited high-resolution images with copyright releases to print. LISSIEPHOTO will supply the photography skill and equipment along with edited the final 150 images for a commercial package rate of $1900 total.
A non-refundable 50% retainer fee of $950 is due when this agreement is signed, in order to reserve the event date. The remaining balance is to be paid upon completion of the photographs two weeks after final shoot date on August 3rd, 2017.
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between LISSIEPHOTO & representatives and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, with the provision that the document is signed by all relevant parties.
2. RESERVATION: Upon your signature and retainer fee payment, LISSIEPHOTO will reserve the time and date agreed upon, and will not make any other reservations for that time and date. For this reason, the retainer fee of $950 is non-refundable, even if the date is changed or the project cancelled for any reason. The nonrefundable retainer fee is to be paid at time of signing the contract. The nonrefundable retainer is applied towards the contracted commercial photography package. THE CLIENT understands and agrees that the entire amount owed for the commercial photography package described in the contract is due no later than August 3rd, 2017 at the time of the photo completion.
3. DELIVERY: LISSIEPHOTO will provide THE CLIENT with an online gallery with the high-resolution, edited images available for download to any computer, device, CD, etc. Along with personal use and printing release. LISSIEPHOTO culls and chooses images carefully to accurately represent the project. All images delivered to the client will be edited, high resolution jpeg images. RAW images are yours to keep. If RAW images are edited without LISSIEPHOTO finishes, they will not be associated with LISSIEPHOTO. Only the 150 finished images will be used to represent the work of LISSIEPHOTO.
LISSIEPHOTO keeps files for 6 months from the date of the project as a courtesy.
The online gallery will be online for 6 months from the event date and it is the responsibility of the CLIENT to ensure proper downloading and backups of files are made. Please make sure you download them to multiple locations as soon as it is made available. LISSIEPHOTO will provide finished portrait images for the participating children in the project in a private online gallery for each family for 30 days.
4. CANCELLATION: In the event that THE CLIENT cancels the contracted services for commercial photography outlined in this contract before the project takes place, the retainer fee will be forfeit. LISSIEPHOTO agrees to refund all additional paid money (less expenditures for which receipts will be provided or time spent via LISSIEPHOTO’s hourly rate), to THE CLIENT. The remaining paid balance will be refundable up until 30 days before event date.
5. COMMUNICATION: The parties agree to a pre-project consultation before the project date in order to finalize the actual shooting times, details, and locations. There will be a “Timeline” delivered to the client to fill out with all finalized details to ensure proper communication from both parties. It is the responsibility of THE CLIENT to provide proper times, locations, addresses and phone numbers as necessary so that LISSIEPHOTO can be in the correct location at the correct time.
6. COOPERATION: The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. LISSIEPHOTO will make decisions based upon lighting and artistic and professional discretion.
7. SHOOTING TIME / ADDITIONS: The photography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a pleasant and relaxed atmosphere. THE CLIENT and LISSIEPHOTO agree that positive cooperation and punctuality are therefore essential. Shooting commences at the scheduled time. Should the project start late due to any reason whatsoever, LISSIEPHOTO will not be held liable for any photographs not taken. The day rate of (8) hours begins once LISSIEPHOTO has arrived to the site.
8. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by LISSIEPHOTO are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without LISSIEPHOTO’s explicit written permission. Upon final payment by THE CLIENT, copyright ownership of the edited final high-resolution images will be transferred to THE CLIENTin it's entirety, under the following conditions:
• The raw images are the property of THE CLIENT for personal use ONLY. They may NOT be used for personal printing and online display. The photographs may NOT be cropped, edited, altered in any manner without written consent from the photographer.
• THE CLIENT must obtain written permission from, and compensate LISSIEPHOTO prior to an event where THE CLIENT, THE CLIENT’S friends, or client's relatives sell the photographs for profit. This includes contests, giveaways, etc.
9. RELEASE: THE CLIENT hereby assigns and grants LISSIEPHOTO and its legal representatives 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 or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. THE CLIENT hereby releases LISSIEPHOTO and its legal representatives and assigns from all claims and liability relating to said photographs. It is agreed that LISSIEPHOTO may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by LISSIEPHOTO. LISSIEPHOTO will not use any images for promotion until December 2017. All other brands may not use JUSH International (Kinderkind) images.
10. SOCIAL MEDIA & PHOTO CREDIT: THE CLIENT is to deliver proper photo credit of LISSIEPHOTO in the Kinderkind catalog, Kinderkind Facebook album, Kinderkind website, and Kinderkind Instagram (5 posts to be strategized by LISSIEPHOTO) tagging LISSIEPHOTO to ensure the promotion of LISSIEPHOTO.
11. COMPLETION SCHEDULE: Digital processing for the project will be completed on or by August 3rd, 2017. Communication will take place throughout this process to ensure a bright outcome.
12. METHOD OF REMUNERATION: Payment may be made by credit card or check. Please make checks payable to Elisabeth Loomis.
13. Payment in full is due on or by August 3rd, 2017. Images will not be rendered without the invoice paid in full.
14. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer. LISSIEPHOTO will make every effort to secure a replacement photographer able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of payments received for the commercial photography package.
15. LISSIEPHOTO takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and professional grade backup equipment. However, in the unlikely event of THE CLIENT’S photographs being lost, stolen or destroyed for reasons within or beyond LISSIEPHOTO’s control, the latter’s liability is limited to the return of payments received for the commercial photography package. The limit of liability shall not exceed the contract price stated herein. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
16. PERFORMANCE: The performance of this contract on behalf of LISSIEPHOTO shall be contingent upon acts of God, flood, fire, warfare, government laws or regulations, electrical failure, strikes by suppliers, and/or conditions beyond its control.
17. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
18. AMENDMENTS: This contract has been freely negotiated and shall be recognized as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and LISSIEPHOTO at the time of acceptance of this contract shall be recognized as amendments to this contract.
As always, feel free to reach out with any questions or concerns. Thank you!
556 Vanderbilt Ave
Brooklym NY 11238