Newborn Model Call 2017 – Photography Agreement

Model Session - Photography Agreement - May 2017

  • Photographer:
    Sabrina Banks Photography
    6430 S. 109th St.
    Omaha, NE 68137
    (303) 579-3325
  • Contact Information

  • Session Details and Contract

    This agreement is between the Client, whose name and address is listed above, and Sabrina Banks Photography.
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    Please enter the date of the booked newborn photo session.
  • Enter the name of the newborn this photo shoot is for. If this is a photography session for multiples (ie. twins), please enter sibling names in the sibling section below.
  • 1. What is included. This modeling session includes a full newborn session of 2-3 hours and 5 fully edited digital images. More images will be available for purchase if the client is interested.
    2. Preparation (newborn session only). In preparation for the newborn session the client should try their best to give baby a lot of awake time right before the session. Also, it is most helpful for the client to feed baby right before leaving for the session or right after arrival at the studio if at all possible. The baby must be dressed in loose fitting clothing for ease of changes for portraits. The Client shall bring at least two bottles for feeding or be prepared for nursing. A pacifier or soother is very helpful during the session but not required.
    3. Subjects. The Client shall maintain control of other subjects including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The Client shall provide all necessary controls over additional subjects.
    4. Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.
    5. Photographic Materials. All photographic materials, including but not limited to: negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website or through an in-person ordering session. These proofs shall be available to the Client within 3 weeks of the session. If an online proofing gallery delivered, it shall remain open for 120 days from delivery.
    6. Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
    7. Model Release. The photographer retains the rights to post images to all social media outlets including Facebook and Instagram. The photographer may also use the images for an online blog and portfolio located on the photographers website. The photographer may also release images to photography prop vendors who she works closely with.
    8. Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
    9. Social Media. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. Client may post final digital images that are released to them to social media (Facebook, Instagram, Twitter, etc.). Client may not use filters or Facebook auto enhance to edit the images.
    10. Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $200. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
    11. Indemnification. The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
    12. Miscellany. 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. This Agreement shall be governed by the laws of the State of Colorado.
    13. Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
    14. Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
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