Payment: The Client understands that payment in full is due on or before the session date. Payment can be made by credit card, check, or cash.
Cancellation: If the Client wishes to cancel the session 10 or more calendar days before the session, then the Client is not responsible for paying anything to the Photographer. If the Client cancels the session within 7 or more days of the session, the Client is still required to pay 50% of the session fee. Day-of cancellations will result in a full charge for the cancelled session.
Photo Delivery: Upon receipt of the digital photo files, Client accepts all responsibility for archiving and protecting the photographs. Photographer does not permanently archive image files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. It is Client’s responsibility to make sure that digital files are copied to new media as required.
Copyright: All photographs taken by Lindley Battle are her property, will remain her property and are protected by United States Copyright Laws (USC Title 17). Client hereby waives any claims for ownership, income, editorial control and use of the images. Violators of this federal law will be subject to its civil and criminal penalties.
Reproduction: Client agrees not to alter or reproduce images in any way other than the form in which they were received, without the express permission of Photographer. These photographs may be printed and shared for personal use, but are not to be altered, sold, or published without consent. If the Client chooses to share the images with other vendors, it is the Client’s responsibility to make sure that the vendors agree to properly credit the images.
Shared Images over Social Media: Client agrees to give credit to Lindley Battle Photography for images shared over a social media website, and must be shared without alteration unless permission for alteration has already been received (see preceding section). Third parties must also give credit to Lindley Battle Photography if they share any images belonging to Lindley Battle Photography over a social media website (ex. Facebook, Google+, Twitter, or any other blog or website.) Photographer also reserves the right to ask that those photos posted without credit to Lindley Battle Photography be removed from social media websites.
Image Processing/Printing: Unless agreed upon prior to any editing work, high-resolution images may contain a mixture of color, black and white, and selective color images. Client may request further changes for an additional charge. Photographer is not responsible for any prints that are not ordered directly from her. For best results, clients with the high-resolution files should order their prints through a reputable lab.
Model Release: This contract serves as a model release giving the Photographer the irrevocable right to use the photographs in all forms and in all media and in all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Photographer can grant use of the images to third parties and all compensation for use and credit for the images remain the property of Lindley Battle Photography. Client waives any right to inspect or approve the photograph(s), finished version(s) incorporating the photograph(s), or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
Miscellany: This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of North Carolina.