Contract of agreement
The author hereby undertakes to take photographs for the Client. The author will take the photographs on the date stated in the contract and complete the work for delivery no longer than ten weeks after that.
For the photographs under Article 1 (one) of this Agreement, the Client agrees to pay the author's full fee on the bank account of the author no later than the date of the event. Travel expenses are included in the final fee.
Client will reserve the time and date of services by signing and returning this contract along with a non-refundable, non-transferable reservation booking fee in the amount of 25%, (unless otherwise specified) to be paid on the Author's bank account within 7 (seven) days after clicking "I agree" below on this Agreement.
Client reserves the right to the cancellation of this Agreement, but without the right to a refund of a reservation booking fee under Article 3 (three) of this Agreement.
In the event that the Client reschedules the shoot, and the Author is able to re-book the original session date, the Client will receive credit for the paid amount of money. A new contract may be required. The new package price will reflect pricing in effect when the date change occurs. In the event that the Client reschedules the shoot and the Author is not able to re-book the original shoot date, the Client forfeits the booking fee.
The client agrees to confirm the schedule one-week prior to the shoot. Notification of any changes in schedule or location must be made in a timely manner and confirmation of receipt must be obtained from the Author by the Client.
On its own behalf, and on behalf of the subject, the Client acknowledges that he/she is familiar with the Author's portfolio and is requesting services with knowledge of the Author's style; that the Author's work is constantly evolving; that the Author's services are of a unique and artistic nature; that the images may be different from photographs taken by the Author in the past and that in creating the photos, the Author will use her personal artistic judgment to create images consistent with her personal vision of the event. Accordingly, the Client acknowledges that the photographs will not be subject to rejection on the basis of taste or aesthetic criteria.
The Author is a non-traditional photographer and does not work from detailed "shot lists". Her approach is photojournalistic and creative. As such, she works in a free owing manner to best provide you with photographs, that represent her style and approach.
Specific or requested photos such as, but not limited to: screen shot ideas, Pinterest boards, Instagram or Facebook feeds, another photographers work, etc.; cannot be guaranteed by the Author.
The Client hereby assigns the Author the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The Client releases all claim to profits that may arise from use of images. Written or Verbal Permission from the Client is required before any publications take place.
The Author is obliged to provide her services to the best of her abilities, in the manner described in Article 1 (one) of this agreement, but reserves the right to a complete stylistic and artistic expression.
The author will make every reasonable effort to deliver all photographs requested by the Client. The Author and the Client both agree that the Author is not responsible for compromised coverage due to causes beyond the Author's control, including, but not limited to: weather conditions, schedule complications, the lateness staff members or other principles, schedule complications, other people's camera or flash, rendering of decorations, restrictions of the venues, existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. The photographer's coverage is limited by the guidelines of the site choosen. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of the guidelines is the Client's responsibility.
The Client is responsible for acquiring all permits and necessary permission for all locations on which the Author will be performing services.
Images are edited at the Author's discretion, and delivered files will not include all images taken by the Author. The Author reserves the creative right to edit and release only those deemed creditable as professional in quality and within the photographer's artistic standards. The selection of delivered photographs by the Author is final. In order to retain a documentary approach, the Author's image editing includes colour correction, re-sizing, blemish removal (if needed) and cropping of the images. Images will be colour-corrected and fully edited, but will not be heavily retouched. If you wish to have specific editing on any images (included, but not limited to the following: heavy correction of make up, environmental effects, clothing, reflections in glasses, removal of objects, or any other excessive editing), the Author will accommodate you and will quote you an hourly editing fee to accomplish this task. Up to a maximum of 10 images can be enhanced further to include minor object removal and other digital enhancements.
In the unlikely event that the assigned Author is unable to perform to the guidelines of this contract due to an injury, illness, act of God, denied entry, theft or other cause beyond the control of the Author, the Author will make every effort to secure a replacement photographer acceptable to the Client. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the event.
The Author reserves the right to terminate coverage and leave the location of the shoot if the Author experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the shoot; or in the event that the safety of the Author is in question.
The Author will make every reasonable effort to handle all digital photographs both during and after the event on a minimum of two (2) separate digital storage units simultaneously. This limitation of liability also applies to any loss or damage of photographs, or failure to deliver photographs for any reason.
The Author retains the copyright to the images under Irish law. However, this Agreement allows the Client to use images in unlimited form and number, but solely for non-commercial purposes.
Upon receipt of the digital media, both physically or online, the Client accepts all responsibility for archiving and protecting the photographs. The Author is obliged to archive images for 6 months from the date of the delivery of files. The Author 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 the digital media provided. It is the Client's responsibility to make sure that digital files are copied to new media as required.
The Author hereby agrees to deliver images in digital form within 10 weeks after the event date specified in this Agreement.
The Client is obliged not to pass the photographs to the other service providers (photographers, caterers, businesses, organizers, etc.) without the prior written permission of the Author.
The contracting parties have read, understood and agreed upon the terms and conditions of this Agreement by signing it.
This Agreement is made up of multiple identical digital copies, and is signed and sent via an online service provided by the Author. Each Party retains one (1) copy of the Agreement.
To the extent that the performance by the Author of its obligations under this Agreement involves the processing of personal data (as defined in the Date Protection Act 2018 (DPA) and the General Data Protection Regulation (GDPR) (as amended, revised or replaced from time to time) on behalf of the Client, the Author agrees:
• to process data solely in accordance with the instructions of the Client and the terms of this Agreement;
• to implement and maintain such technical and organisational security measures as may be required to comply with the Author’s data security obligations under the DPA and GDPR;
• to notify the Client or any guest of the Client and obtains its prior written approval to the transfer of personal data to a country or territory outside of the European Economic Area; and
• to enter into such other written agreement in respect of the processing or transfer of personal data as the Author may require.
The Client does not edit these photos or apply any filters or presets from ANY program or social media to the images, it would be considered a breech of this contract.
26.1. Unless you indicate otherwise, I will deem your instructions in respect of this photography contract to constitute as appropriate consent for the maintenance and processing of your personal data under the provisions of the Data Protection Act 2018 and the General Data Protection Regulation (GDPR).
26.2. The data protection representative is Sarah Kate Murphy, whom you can contact at email@example.com
26.3. For my clients, we process your data:
• in order to provide you with branding photography services; and
• in order to provide you with personal branding photography advice.
26.4. The legal basis for the processing of this data is processing necessary for the performance of a contract to which you are a party.
26.5. Where we process special categories of data relating to you, e.g. race or ethnic origin of a data subject, that we may process in connection with your branding pictures.
26.6. There may also be limited circumstances where our legal basis for processing is based upon your written consent (where we have sought it and you have provided it to us), in which case you can withdraw your consent at any time. You must give us notice that you are withdrawing your consent.
26.7. You have the following rights under the GDPR, in certain circumstances and subject to certain exemptions, in relation to your personal data:
• right to access the data - you have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data.
• right to rectification- you have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.
• right to erasure - you have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.
• right to restriction of processing or to object to processing - you have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.
•. Right to data portability - you have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine readable format.
26.8. If I am processing personal data based on your consent, you may withdraw that consent at any time. This does not affect the lawfulness of processing which took place prior to its withdrawal.
26.9. In order for us to process you data on the basis of consent, please sign the signature block below and cross-out the relevant option (Yes/No) confirming I am permitted, based upon your consent, to process your data.
26.10. If you are unhappy with how I process personal data, I ask you to contact us so that we can rectify the situation.
26.11. You may lodge a complaint with a supervisory authority. The Irish supervisory authority is the Data Protection Commission.
26.12. If you do not provide us with your information for the purposes described above, I cannot provide you with personal branding photography advice and/or services.