Portrait Contract and Model Release

The session includes the following: 1 hour family session and online gallery with at least 50 hand edited digitals 

This contract is between the Client, whose name is filled in below, and The Westward Photo/Lindsay West.

Deposit and Payment

The client shall make a non-refundable deposit equaling 1/2 of the session fee for the photographer to perform the specified services. Upon payment of the deposit the photographer will reserve the time and date agreed upon by both parties. The remainder of the payment must be paid by the or on the date of the session. Payment plans are available and can be arranged. No part of any order, including previews, will be delivered until the balance is paid in full.

Photographic Materials

All photographic materials, including but not limited to proofs and previews, shall be the exclusive property of the Photographer. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment agreement.

Online Gallery

The photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the client within the agreed upon time. (2-3 Weeks). After the online gallery is delivered it will be open for 2 weeks. If the client requests to extend or reopen the proofing gallery, a $25 fee will be charged. Clients will be able to download photographs from the online gallery and will have the option to purchase prints.

Artistic Right

The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of a minimum of 50 photographs to select from and shall not receive any photographic materials not presented to the Client. Only edited images will be delivered to the client. No unedited/ RAW images will be delivered to the client. The photographer has the right to decline any requests by the client to edit any specifically requested images that the photographer deems not up to par with the rest of the work. The photographer has the right to decline any "extreme" editing requests, such as but not limited to background changes, added effects, and body modification. The photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $10 an image.

Satisfaction & Accuracy

The client agrees that the work delivered will be of a similar style and caliber to those photographs on our Facebook page and website, and that the photographer will have complete creative control during the photographs and in post-processing. The images will be delivered in JPEG format with a mix of color and black and white images, deemed appropriate by the photographer. No re-editing will be done after the final edited copies are presented to the client.

Copyright and Reproduction

The Photographer shall retain copyright ownership of all works created during this contract, including but not limited to all images in their original and processed formats. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. If any of these actions are preformed the photographer reserves the right to contact you and request the photo(s) be removed as they would no longer be accurate representations of the photographer’s work. The Photographer does provide the client permission to resize photographs for Internet-based usage.

Client usage

The client shall only use the photographic prints, including digital files, in accordance with the permissions within this contract. The client's prints are for personal use only and shall not be submitted to contests or reproduced for commercial use without written approval by the photographer. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the client. If the photographer provides a digital file print release; the client must act in accordance with the release.

Social Media

The client may share web/blog post links and social media albums through the use of the share functions and direct links. The client shall not copy, download, screen shot, or capture the photographs in any other fashion. If such actions the photographer reserves the rights to request the photo(s) be removed as they would no longer be accurate representations of the photographer’s work. When uploading to a Facebook or Instagram social media the client shall "tag" the photographer’s business in the album or photo of the uploaded file. (unless the print release were purchased in which case they must remain unaltered but do not have to be tagged.)

Retention of Delivered Files

Once the JPEG files are delivered to the client, it is the client's sole responsibility to protect and retain their images for the future. It is highly recommended that the digital files or USB drives be duplicated and stored in multiple locations that are cool and dry. (Technology can be fickle; one of the best ways to ensure the client's images will last for generations is for the clients to print them.) If the client requires old files to be duplicated by the photographer, and they are still within the photographer's possession, a restocking fee may be applied. The photographer only guarantees that the photographs will be available for up to three months from the delivery of the online gallery. After the three month mark the photographer no longer guarantees that the photographs will be available.