PHOTOGRAPHY SERVICE AGREEMENT
Last Updated: 03.18.2022
This agreement is between Olgie Studio (Also known as Olga Kazakova) hereinafter referred to as the "Photographer", operating in the State of Florida, and the signers of this portrait photography agreement, hereinafter referred to as the "Client(s)", collectively referred to as the "Parties", with the portrait session detailed below.
This agreement contains the entire understanding between the Photographer 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.
Olgie Studio intends to display and share everything on the website correctly and completely, no rights can be derived from the information placed on this website. Olgie Studio does not accept any liability for any damage resulting from image use of the website, social media, or the use of image information. Olgie Studio cannot be held liable for material and/or immaterial damage during a session on location or at the studio. The pictures will only be used by the Olgie Studio/Olga Kazakova. Visitors can view these photos but are not allowed to use them in any way. By using the services of Olgie Studio in whatever sense, you automatically agree to these terms and conditions.
A retainer fee of 50% is required for all in-studio sessions, the full amount for all outdoor sessions, and 25% of the total cost for all events. This is a non-refundable retainer. In the event of cancellation, the retainer paid is non-refundable. It shall be liquidated for damages to the Photographer in the event of a cancellation, or breach of contract by the Client. No date is reserved until the stated above amount is received. The retainer shall be applied towards the total cost of the service. The balance of the complete package price must be paid before or on the day of the event. If the final payment is not received, the Photographer will not be expected to proceed with their services.
There shall be no refund of retainer after the signing of the Agreement and the reservation of the photography date. If a session is canceled under 24 hours prior to the Client’s booked time, the client shall pay the full amount of a session due to the high probability that the photographer will not be able to further book that time. If the event is canceled within 48 hours of the date of the event, the client shall pay the balance of the contract due to the high probability that the Photographer will not be able to further book that date. Once a balance is paid, it is non-refundable. Any other arrangements shall be discussed between the Clients and the Photographer. All arrangements will be put in writing. Cancellation must be done in writing even if a phone call was made to inform the Photographer of the cancellation. Verbal communication will be not be accepted without written documentation.
FAILURE TO PERFORM
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Due to the limited and subjective nature of the event, the Photographer cannot be held responsible for requested photographs not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the studio or location, or by the location restrictions. The Photographer is not responsible for lost photo opportunities due to other cameras or flashes, the lateness of the clients, or other principles. The Photographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to the lateness of individuals, rules, restrictions of location, or the rendering of decorations of the location. It is acknowledged that any lists submitted to the Photographer will be used for organizational purposes only and in no way represent photography that will actually be produced. The Photographer will do her best to fulfill all requests but can make no guarantees all images will be delivered. The Photographer recommends that the Client point out important individuals for informal or candid photographs to the photographer during portrait shooting that they wish to have photographed. The Photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for photographs. The Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to the Photographer.
Title (possession) of and copyright to all products shall remain with the Photographer. All photos, designs, illustrations, etc. are copyrighted by Olgie Studio. The negatives and or digital images created by Olgie Studio and/or subcontractor(s) remain the property of the Photographer. It is illegal to copy, scan, reproduce, or post online in forums or elsewhere without written permission from Olgie Studio also known as an Image Release. Violators of this federal law will be subject to its civil and criminal penalties. Permission is hereby granted by Olgie Studio, Olga Kazakova, to use any images created under this contract for professional samples, displays, internet website pages, advertising, exhibitions, contests, and any other purpose. The Photographer retains the copyright to all images produced by the Photographer and/or the Photographer's subcontractors. Purchasing digital images, Clients will be given a written release to make personal copies of images. The client understands the images given cannot be used for profit or advertising and all posting of images on the internet must be acknowledged as images by the Olgie Studio, Olga Kazakova. The Customer receives no reimbursement or refund for this.
Olgie Studio always sends 2 email confirmations: one as a personal email and the second automated appointment confirmation through Square Appointments. The appointment is only valid once the photographer has sent both confirmations. If the Customer does not agree with the Terms and Conditions, they will contact the Photographer at least 4 business days prior to the session and 30 days prior to the event. After the session or event, Photographer provides small watermarked images via a private online gallery. The photos will be placed in an online gallery within 3 weeks after the session day. Once the client has received digital files, they can then be selected with Photographer or selected by the Customer via the online gallery. For sessions on location, outside of a studio, travel costs of $ 2.25 per mile from the studio location will be charged. Travel expenses such as parking, shipping, or destination fees must be reimbursed to the Photographer and will be added to the balance due. The Photographer cannot be held responsible for damage to Garments due to environmental events. The Client is responsible to arrange personal assistance for garments if necessary. If you are dissatisfied with something during a session or do not like something, you must immediately share that with the photographer. That gives Olgie Studio a rightful chance to do something else. Complaints about this afterward are considered unfounded. It is not allowed to make recordings during the session or to take pictures with your own telephone and /or camera.
CREATIVE LICENSE & DIGITAL FILES
Images are edited at the Photographer’s discretion, and delivered prints may not include all images shot. The Photographer reserves the creative rights to edit and release only those images deemed credible as professional in quality and within the photographer’s artistic standards. With every session, the client receives a full digital album based on the photographer's professional opinion of the best shots. The client received JPEG files that can be printed outside of Olgie Studio. It is not possible to receive the unedited and/or RAW files. The Client shall not use these digital images for business, advertisement, or other personal or corporate financial gains unless otherwise stated in correspondence.
Printing images is highly encouraged; however, Olgie Studio is not liable or responsible for prints made by other photo labs. Photographer strongly recommends using Olgie Studio print and product custom services to ensure high quality, correct colors, sharpness, contrast and etc.
If the Photographer cannot perform this Agreement due to a fire, casualty, strike, or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism, or other causes beyond the control of the parties, then the Photographer shall return any money paid by the Client, but shall have no further liability with respect to the Agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of the Photographer. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number of originals.
The customer is responsible for causing damages to equipment, props, accessories, backgrounds, personal property, and other items provided by the Photographer. Any damages will be fully reimbursed to Photographer financially or replaced with the same or comparable product. It is the Client's responsibility to avoid all possible scenarios that result in damages and destruction of the Photographer’s studio and private property.
RETURN CHECKS AND PAYMENTS
Returned payments are subject to a $50 fee per return payment. The Client assumes all responsibility for any and all collection costs and legal fees incurred by Olga Kazakova/Olgie Studio in the event that enforcement of this contract becomes necessary. All legal action shall be taken appropriately.
A signed “Contract for Photography Services” and payment of the booking fee, if applicable, are necessary to confirm the stated services from the Photographer.