• Lily Herman Photography

    Family/Portrait Contract
  • The following agreement is between the "Client" and Lily Herman Photography (referred to hereafter as the “Photographer”) as mentioned below. Please review all aspects of this contract and sign to confirm that you understand and accept the policies of Lily Herman Photography.


    PHOTOGRAPHER DETAILS:

    Lily Herman Photography

    Chung Cu Lac Hong Westlake, Phu Thuong, Tay Ho

    Ha Noi, Vietnam

    +84903217387

  • CLIENT DETAILS:

  • TERMS & CONDITIONS: 

  • FEES, SERVICES & PRODUCTS:

    Session costs and inclusions are outlined as follows:

    $450/session covers the time and talent of the Photographer.

    A $100 deposit per session shall be paid at the signing of this contract. This non-refundable retainer fee goes towards your full session fee. The remaining balance is due upon the completion of the session. No part of any order, including previews, will be delivered until the balance is paid in full.


    Each session includes the following:

    -Pre-consultation either by phone, email or in-person.

    - Approximately 1-2 hour photo session for the reserved date and time.

    - Professionally edited print-ready (full-resolution) images & web-ready images

    -Up to 20 digital images (no less than 10)

    -Delivery of edited digital images within 3-4 weeks via WeTransfer or USB

    - Print release of delivered edited images


    The session fee does not include prints, which may be purchased after image delivery if so desired.

    The Photographer retains the right of discretion in selecting the photographic materials released to the Client.


    Artistic Approach to Sessions: It is the Client's responsibility to peruse the work of the Photographer and know that future sessions will be in line with this artistic style. The focus of the Photographer’s work is to authentically capture her Clients in a natural and unposed style without artificial light sources. The Client understands the style of the Photographer and has hired her for her expertise and artistic expression. All children will be photographed as they are with an effort to bring out their individuality and unique expressions.

    Please Note: It is the parent's responsibility to have met their child's needs and bring them rested, with full bellies to the session.

     

  • Assigned Sessions: The Photographer is responsible for providing the Client photographic services for the following THREE session dates and times. The Client undertakes to engage the Photographer for this photographic coverage for the total fee as detailed below.

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  • IMAGE USAGES:

    Upon delivery of digital files to Client’s physical control, the Client shall gain personal non-commercial rights to:

    i) Display the images;

    ii) Print the images;

    iii) Upload, email, or electronically transfer the images or files; and,

    iv) Publish the images on personal websites or social media websites with due credit to the photographer. Clients must either credit the photo being used on any social media avenue with "Lily Herman Photography" or place a link to "www.hermanlily.com" in the caption.

    Display or Promotion: It is also agreed that the Photographer has the right to use key photographs from the Client’s session, including written copy that may be created and appear in connection therewith, for promotional purposes only as it pertains to the business development of Lily Herman Photography, including websites, portfolios, Social Media, brochures, blogs, business cards, product samples, posters, in competition, in publications, in exhibitions and other such areas of marketability without compensation for such.

    A Note About Privacy: Due to the sensitive and intimate nature of family sessions, the Photographer will respect the Client’s wishes to have certain or all images remain private if explicitly expressed or agree to the use of images be restricted to those that do not contain the Client’s face.  


    COPYRIGHTS:

    All images taken at the Client’s session(s) will be copyrighted by Lily Herman Photography and are protected by Federal Copyright Law. It is therefore unlawful to reproduce her work in any manner. Please respect the Photographer's livelihood and the care and attention paid to each image by adhering to copyright laws. Moreover, as an artist, the Photographer wishes to have creative control over the final look of her images. Scanned or reproduced images are both illegal and a degradation of the original image quality. The images taken during your session are for personal use by the clients and their friends and relatives. Sale, publication or any Commercial use of the photographs is not allowed without prior written permission from Lily Herman Photography.


    MODEL RELEASE:

    I, the Client, acknowledge and agree that the photographer shall have the exclusive, perpetual and irrevocable right to photograph, use, re-use, print and reprint photographic materials (or variations) from this portrait session, which contain my image and the image of those involved in the agreed upon session(s) for the agreed upon usages.

    Photographs taken at the session and presented to the Client by the Photographer may be used by the Photographer for the above-stated, agreed upon image usages to promote her business. I, the Client, hereby release the Photographer from any claim or cause of action now known or unknown relating to the above-stated image uses, including any and all claims for libel or invasion of privacy and agree that I shall not bring any action or proceeding or maintain a complaint against the Photographer in any court of law, or before any administrative body in connection with those image uses.

     

     

    LIMIT OF LIABILITY:

    The Photographer has working methods in place to prevent loss or damage to your images. However, there is the unlikely possibility that images may be lost, stolen or destroyed for any and all unknown reasons beyond control. In these circumstances liability is limited to the return of fees paid for the service or part thereof according to the percentage of images supplied.

    The Client agrees that she/he is responsible for all parties involved with the agreed upon photo session and assumes responsibility for any liability. Furthermore, the Client agrees that the Photographer shall be held harmless for any and all injuries taking place during the session and releases the Photographer from any and all claims against her person and business.

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