Joe Ward Photography

Portrait Session Contract Terms & Conditions

This agreement is between Joe Ward Photography (hereafter “Photographer” “the Photographer” or “Photography Company”) and the Individual or Individuals purchasing and reserving a Portrait Photoshoot Session package (hereafter referred to as “CLIENT”).

1. Scope of Work:

This contract is for services and products related to a photography shoot (hereafter “photoshoot” or “the shoot”) to take place at a mutually agreed upon location between all parties via email confirmation on/at a mutually agreed upon time/place.

CLIENT agrees this contract specifically applies to the booking of PHOTOSHOOT and services provided throughout photoshoot session and DOES NOT include the purchase of final images or digital delivery of files. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. PHOTOGRAPHER does not and will not provide any RAW/unedited image files to client(s) or third parties under any circumstances.

2. Fees:

In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of $299. CLIENT agrees to pay the photographer a non-refundable payment totaling 100% (one-hundred-percent) of the total price of the photography services upon booking this session. The payment reserves the photographer’s time and is not a retainer or deposit. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients.

If CLIENT cancels this shoot for any reason, the payment will not be returned to CLIENT.

If CLIENT decides to purchase photos separately after the PHOTOSHOOT, payment for those photos is due immediately upon delivery of photos to client.

3. Work Product:

PHOTOGRAPHER will schedule a separate date/time with CLIENT to review proofs of photos from PHOTOSHOOT no more than twenty-one days (21 days) after the date of the PHOTOSHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store/obtain the proofs.

ANY/ALL PHOTOS MUST BE PURCHASED SEPARATELY. All photos purchased by CLIENT will be licensed for CLIENT’S personal use only. Photos purchased from the PHOTOSHOOT will be delivered to the CLIENT via Dropbox link via email no later than 30 days following the day of the PHOTOSHOOT.

4. Indemnification:

4.1 - PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT. CLIENT is encouraged to provide a suggested photo list to PHOTOGRAPHER no less than 24 hours prior to the PHOTOSHOOT to include photos that CLIENT would like PHOTOGRAPHER to shoot, but PHOTOGRAPHER has no liability for capturing any of the photos on the list.

4.2 - If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, such as fire, flood, casualty, act of God or terrorism, illness, or any other reasonable cause outside the photographer’s control or expectation, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this PHOTOSHOOT.

4.3 - CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure. Cameras, hard drives, and memory cards are subject to technical failure. PHOTOGRAPHER will take reasonable steps to prevent data loss, but is not liable for loss of data due to technical failure.

4.4 - CLIENT understands and agrees that PHOTOGRAPHER is required to retain copies of a reasonable number of photos from the PHOTOSHOOT for 60 days after the PHOTOSHOOT. After this period has expired, PHOTOGRAPHER has no duty to retain copies or originals of files or photos from the event. It is the responsibility of CLIENT to purchase, store, and backup photos after the 60-day period. This clause is subject to the limitations in Section 4.3 of this Contract.

4.5 – CLIENT understands and agrees that PHOTOGRAPHER may have cords, light stands, and other gear at the location. CLIENT will hold PHOTOGRAPHER harmless for any damage, personal injury, or loss caused by tripping over or otherwise being injured from this equipment. CLIENT further agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER.

4.6 – CLIENT agrees and understands that the quality of a photograph is entirely subjective. PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT. CLIENT understands and agrees that CLIENT is responsible for determining if a pose or location is safe.

4.7 – CLIENT agrees and understands that PHOTOGRAPHER may perform digital retouching of photos, including blemish removal, creative effects, teeth whitening, and other digital image edits. CLIENT agrees to hold PHOTOGRAPHER harmless for any edits which may be viewed as defamatory or demeaning.

5. Duty of Client

CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the PHOTOSHOOT. PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.

6. Exclusive Photographer

CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.

7. Model Release

CLIENT grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. CLIENT also understands that photographs from this photoshoot may be used to create unique artwork pieces sold as NFTs (non-fungible tokens) on the internet and CLIENT understands that there are no royalties or future payments owed to CLIENT for such use. Therefore, PHOTOGRAPHER may also use CLIENT’S likeness and image on PHOTOGRAPHER’S website or other advertising.

8. Arbitration:

Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of Arizona. The arbitration shall be binding on the parties.

9. Assignability and Parties of Interest:

CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with JOE WARD PHOTOGRAPHY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.

10. Entire Agreement:

This Agreement constitutes a single integrated Contract expressing the entire agreement of CLIENT and PHOTOGRAPHER with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and, except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.

11. Amendment and Waiver:

This Agreement and each provision hereof may be amended, modified, supplemented or waived only by a written document specifically identifying this Agreement and duly executed by each party hereto or the authorized representative of such party.

12. Venue and Jurisdiction:

This Contract is governed by the laws of the state of Arizona and federal courts in that district. CLIENT and PHOTOGRAPHER agree to subject themselves to the laws of this state except for as provided in the arbitration clause. CLIENT and PHOTOGRAPHER hereby waive the right to object to venue within this state.

13. Severability:

If any part of this Agreement is determined to be void, invalid, inoperative or unenforceable by a court of competent jurisdiction or by any other legally constituted body having jurisdiction to make such determination, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative or unenforceable provision had not been contained herein.