This Contract is between the Client, and LINDSEY LEE PHOTOGRAPHY Retainer and Payment .
Retainer and Payment.
Payment for product orders shall be submitted to the Photographer at the scheduled view and order appointment. Only one appointment is scheduled and is the only opportunity to view and purchase products, so all decision makers need to be present
Any payment plan Contract agreed to by the Photographer and the Client shall be included as an addendum to this Contract. A late payment fee of $150 shall be applied to the late payment amount in accordance with the payment plan Contract. No products shall be delivered until the entire amount is paid in full.
Retainer fee(s) paid applies towards Session Fee. The session fee covers time and talent of photographer to take Client's pictures and present during one view and order appointment. Client understands that no products including digital files, proofs, or prints are included with this fee. All products are purchased separately during the view and order appointment with no minimum requirement. Payment is processed at the order appointment. Payment plans are only available on orders of $1000 or more where minimum of half of the total order is paid at the view and order appointment.
Only cash and card are acceptable forms of payment.
Order appointments must be made within 2 weeks of the photographic session. Any unordered items will be permanently deleted after 30 days of photographic session. If order appointment has not been made before those 30 days, Client forfeits those images.Due to the custom nature of products, all sales are final. Once order is made at the order appointment and payment processed, no exchanges nor refunds will be provided. In the event of the receipt of a damaged product, said product will be promptly replaced with the exact product and image originally ordered.
The Client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee of $150 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
The Photographer shall make gallery proofs available through an agreed upon in-person product consultation. These proofs shall be available for viewing by the Client within 1-2 weeks of the photographic event. All orders shall be placed during the in-person consultation.
The Photographer DOES NOT provide the Client permission to resize photographs for Internet-based usage or use of filters and editing that alter the image in any way.
The photographer DOES NOT hold on to nor is responsible for storing images after emailing web digitals, dropbox link or any other form of digital downloads. All Images are purged automatically after 30 days of delivering images.
The Client authorizes the Photographer to use and to create images for promotional materials, online usage, and other areas of marketability. The Client further authorizes the distribution of photographs to potential clients of the Photographer for portfolio purposes. The Client agrees and understands that the photos will be taken digitally.
The Client further acknowledges that the Client will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights.
The Client acknowledges and agrees that the Photographer shall have the exclusive, perpetual, and irrevocable right to take, use, re-use, publish, and republish photographic materials which contain the Client’s image.
The Client hereby acknowledges and agrees that the Photographer may modify, change, or alter such images without restriction.
The Client hereby acknowledges and agrees that the photographs created by the Photographer shall become and remain the exclusive property of the Photographer, and that the Client retains no rights to said photographs unless specified particularly in this Release.
The Client, also hereby waives all rights and claims and releases the Photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use, and exploitation of the photos. The Client hereby covenants and agrees that the Client shall not bring any action or proceeding or maintain a complaint against the Photographer in any court of law, state or local, or before any administrative body, related in any way whatsoever, to the use of the photographs.
The Client also consents to the use of the Client’s own name or any fictitious name, which may be chosen in connection with the aforesaid photographs. The Client hereby releases any and all claims whatsoever in connection with the use of the Client’s photographs and name and the reproduction thereof as aforesaid. The Client hereby waives any right that the Client may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.