SESSION AGREEMENT
TERMS OF SERVICES
Booking
To reserve the Session Date and to reserve the studio or booked location, the Model shall pay to Photographer, upon execution of this Agreement, half of the total amount as a non-refundable reservation fee. The amount must be paid upfront, prior to the session date. The Model understands and agrees that Photographer will not book other sessions during this time. In the event that the Model cancels the portrait session or fails to attend the session on the Session Date, for any reason, Photographer shall suffer losses that are difficult to ascertain. As such, the Model agrees that, in the event of cancellation by the Model, the full reservation fee shall be forfeited by the Model and paid to the Photographer as liquidated damages and not as a penalty. The Model and Photographer agree that the amount is reasonable.
Payment
Model understands that the full amount of the session price is to be paid in full before the final images will be delivered. Model understands that the price is fixed and non-negotiable. Model understands that the reservation fee is deducted from the full session price, for half of the remaining total.
Proofing
Proofing will be done in person after the photo session, or at an agreed upon date. The Model understands that proofing for prints and digitals must be done in person with Eileen Bobinski Photography. If at time of proofing, the model decides not to select images, the proofing will be rescheduled to a later date that better suits their needs. Model understands that if proofing is done online, it must be done with Eileen Bobinski present through a video chat platform. Model understands that if prints or more images are discussed and decided on, they must be purchased through Eileen Bobinski Photography.
All Parties Credited
All parties involved in the photo session must be credited. Model understands that by posting to social media, submitting to magazines, or any other public showings, all parties including but not limited to the photographer, makeup artist, hair stylist, clothing stylist, and location must be acknowledged in written and oral form. If photos are shared without acknowledgement, the model will be asked to include all parties.
Notice of Copyright
All images and video taken at your session will be copyrighted by Eileen Bobinski Photography and are protected by Federal Copyright Law. It is therefore unlawful to reproduce her work in any manner. Scanned or reproduced (printed) images are both illegal and a degradation of the original image quality. It is illegal for the model/parents to edit or crop the images in any format, including Instagram & Snapchat filters, or any form of text/graphic design. If photos are posted to any social media without purchase and/or Eileen Bobinski’s knowledge or permission, they will be asked to be removed. Anything against this notice is subject to copyright and legal action may take place. Eileen Bobinski Photography does not give printing rights to any third party businesses. Printing shall be managed exclusively by Eileen Bobinski Photography, unless written consent is provided by all parties.
Model Release
PARENT/LEGAL GUARDIAN’S PERMISSION AND RIGHTS GRANTED For good and valuable Consideration herein acknowledged as agreed, and by signing this release, I hereby give Eileen Bobinski my permission to license the images and to use the images in any media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing, and packaging for any product or service. I agree that the images may be combined with other images, text and graphics, and may be cropped, altered, or modified. : I agree that I have limited rights to the images, and all the original rights to the images belong to the Photographer. I acknowledge and agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason to Photographer. I acknowledge and agree that this release is binding. Parent warrants and represents that Parent is the legal guardian of Model, and has the full legal capacity to consent to the Shoot and to execute this release OF ALL RIGHTS IN MODEL’S IMAGES.
Time Agreed
Agreed upon dates ensure that both parties show up to the session, and that Eileen Bobinski Photography holds the highest standard of work, both in presentation and delivery. By signing this contract, the model/parent understands that the time agreed is reasonable and solidified.