HEADSHOT PHOTOGRAPHY AGREEMENT
In order to book a headshot session with us, you must agree to the terms and conditions that are set out below:
This is a contractual Agreement made between San Diego Professional Headshots (referred to hereafter as “Photographer”) and you (referred to hereafter as “Client”).
1. Session Fees
Session fees cover the time and talent of Photographer, all the digital images created during the session, retouching and creative editing of images, online gallery, and usage license.
Individual Headshot Session Fees:
Express Studio Headshot Session - $199
Executive Studio Headshot Session - $349
Location Headshot Session - $499
Additional Fees:
Additional Retouched Images - $40 per image
Add Additional Person - $160-250
Additional Looks - $80 per look (includes additional retouch)
Background Removal/Replacement - $40 per image
Add Group Portrait - $200 per image
Add Full-Length Portrait - $100
2. Individual Headshot Sessions Include.
Express Studio Headshot Session:
Up to 30 minutes in studio for one person, 1 look, and up to 1 retouched image.
Executive Studio Headshot Session:
Up to 1 hour in studio for one person, up to 3 looks, and up to 3 retouched images.
Location Headshot Session:
Up to 1 hour on location, up to 3 looks, and up to 3 retouched images.
All Sessions:
All headshot sessions include live image review with Client or subjects during their session and an online gallery and download link for all the images shot during the session.
Photographer may decline, or charge additionally for, services or deliverables that Photographer reasonably deems to be beyond this Scope of Work.
3. Payment
A credit/debit card number is required upon booking to secure an appointment and for charging any cancelation fees. Session fees may be paid upon booking or in person upon completion of the session. Any additional services not selected upon booking may be added during the session if time permits.
4. Location Costs & Fees.
If there are any costs/fees associated with the location the Client has chosen for this session (e.g. parking fees, tolls, booking, permits, etc.), the Client will be responsible for those fees. The Photographer will not guarantee or arrange payment on any location. Photographer will invoice Client for reimbursement of any fees paid in relation to this job.
5. Rescheduling & Cancellations.
If an illness or unforeseen situation prevents a photo session from taking place, Client may cancel or reschedule the session at least 48 hours prior to their shoot without penalty. Should the Client cancel or reschedule within 48 hours of their session, a $75 cancelation/reschedule fee will be billed to the Client’s credit card on file or invoiced to the Client if no card is on file. If the Client cancels their session and has pre-paid for their session, they will receive a refund in the amount of the session fee minus the $75 cancellation fee. If the Client reschedules their session and has pre-paid for their session, the session fee will be retained by the Photographer as payment towards the rescheduled session or refunded to the Client upon request. Photographer reserves the right to cancel or reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
6. Late Arrivals
Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. This may result in a reduction of the number of images created and delivered. If the Client is more than 15 minutes late without notice, the session will be canceled and a cancelation fee will be billed to the Client.
7. Failure to Perform.
If the Photographer cannot perform this job due to fire or other casualty, weather, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return any pre-paid fees to the Client and shall have no further liability. This limitation on liability shall also apply in the event that photographic materials are damaged in processing; lost through camera, computer, or hard drive malfunction; or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the agreed session fee.
8. All Sales are Final.
Due to the custom nature of each session, all sales are final. Refunds will not be provided once images are delivered to Client.
9. Re-shoots.
Re-shoots are determined at the discretion of Photographer. Re-shoots will not be provided for poor choices of clothing or location, make-up or hair issues, weather related issues, or issues arising from not following the recommendations of Photographer.
10. Proofs & Image Delivery.
An online proofing gallery of Client’s images will be available for viewing and download within 24 hours of their session. Client will receive a link to access this gallery via the e-mail they provided upon booking. All images will be available for online viewing and download for a minimum of 60 days after the delivery date. During this time, Photographer encourages Client to download all images and save a copy to a computer and backup hard drive. After 60 days, Client’s images may be purged from the server and the Client must request a new link to a new gallery.
11. Retouching.
After Client receives their proofing gallery, they will be asked to make their selections for retouching. Retouching turnaround for individual sessions is 3-5 business days after Client makes their selections or 5-7 business days for group sessions. Retouching includes but is not limited to color and tonal corrections to the overall image, cropping, sharpening, removing flyaways or distracting hairs, reducing shine on the face, balancing out skin tone, removing non-permanent skin blemishes like redness, shaving rashes, and acne, softening shadows on the skin, reducing the appearance of lines and bags under eyes, brightening and whitening eyes, brightening and whitening teeth, removing lint or blemishes on clothing, smoothing out ruffles and wrinkles on clothing, and removing any distractions in the image. The retouching process does not include removing any permanent features like scars, moles, deep wrinkles, piercings, and tattoos or altering physical features like body shape, skin color, or facial expressions unless requested by the Client. Once complete, the retouched images will be added to Client’s online gallery and delivered via a link e-mailed to Client.
12. Archive.
All images will be available for Client to view and download for a minimum of 60 days. After this time, Photographer is not responsible for loss or damage to the digital image files and may charge a service fee for re-delivering a copy of the images. Photographer will make an effort to archive all original and retouched digital image files on physical hard drives and/or third party cloud servers for as long as Photographer deems reasonable, but no specific time is guaranteed.
13. Usage License & Copyright.
Photographer hereby grants Client a non-exclusive license to use all the images produced under this Agreement. This usage license allows Client to reproduce, alter, share, and publish the images in any media, worldwide, for perpetuity. This usage license does not allow Client to sell the images or claim creative or production credit for the images without the Photographer’s written permission.
Photographer retains all copyrights to all images created during Client’s session. Photographer may transfer images to third parties and/or upload and store images on third party servers for post processing, archiving, publishing, file transfer, or any other reason Photographer sees fit.
14. Releases.
Client is solely responsible for obtaining any model or location releases required for the commercial use of the photographs taken under this Agreement.
Client gives permission to Photographer to use the images (or variations of the images) from this session for publication in Photographer's advertising materials, websites, blogs, social media, portfolios, displays, or other self-promotional methods without compensation for such. Photographer will not sell Client’s images to any third party without additional consent from Client.
15. Indemnification
Photographer shall be held harmless for any and all injury to the Client during the course of the photography session and the immediately surrounding events. Photographer is not responsible for any injuries inflicted upon any participating parties. Client will be responsible for their employees and for themselves and release Photographer from any claims against their person or their business.
16. Independent Contractor Relationship.
Photographer is an independent contractor, not an employee or partner of Client. Photographer is solely responsible for all taxes, withholdings, insurance, and any other obligations that may apply to an independent contractor.
17. Limitation of Liability.
Unless a result of gross negligence or willful misconduct, the liability of either party to the other for any type of damages shall be limited to the amount of Photographer's total fees under this Agreement.
18. Miscellany.
This Agreement is between Client and Photographer, and neither is allowed to delegate, transfer or assign it to a third party without the written consent of the other. This is the party’s entire Agreement on this matter, superseding all previous negotiations or Agreements. It can only be changed by mutual written consent. The laws of the state of California govern this Agreement and any disputes arising from it must be handled exclusively in courts in that state.
19. Attorney’s Fees.
If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, 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.