Portrait Photography Agreement-www.emeraldrosephoto.com

8083 Long Shadow LN, North Charleston, SC 29406- 843-801-4037

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Name

(person responsible for payment (18+)

:_________________________________________ Name of Subject(s):_____________________________________________________________ Phone:_________________________ email: _______________________@________________ Address:______________________________________________________________________ Session Date(s): _____________________________ Session Start Time: __________ am/ pmSession type:

HS Senior Portraits

Family/Couples Portraits

Blankies to Backpacks

$200/ 4hrs-4 loc. $100/1 hr-1 loc. –Gemstone-$150-$135/2 hrs-2 loc. - 3 hrs in 2 days/loc.$160/3 hrs-3 loc. -Emerald- $250- 4

hrs in 3 days/loc.- $50 print credit

Session Location(s): ____________________________________________________________ ______________________________________________________________________________ Themes, ideas, notes: ___________________________________________________________ ______________________________________________________________________________

AGREEMENT Overview:

This agreement contains the entire understanding between Emerald RosePhotography and the CLIENT. It supersedes all prior and simultaneous agreements between theparties. The only way to add or change this agreement is to do so in writing, signed by all the parties.If the parties want to waive one provision of this agreement, that does not mean that any otherprovision is also waived. The party against whom a waiver is sought to be effective must have signed awaiver in writing.1.

Booking:

50% of the total cost is due at time of signing this agreement. This is a NON-REFUNDABLE RETAINER. In the event of cancellation, the retainer paid is non-refundable. It shall beliquidated for damages to Emerald Rose Photography in the event of a cancellation, or breach of contract by the CLIENT. The CLIENT shall also be responsible for payment of any materials/chargesincurred up to time of cancellation. The retainer shall be applied towards the total cost of the service tobe rendered. The remaining charges are payable in full on the date of the session. Emerald RosePhotography considers a session booked only upon receipt of both payment and this signed contract. Itreserves the right to book other clients for the desired session until

both

items are received. Rates aresubject to change without notice. Clients will receive rates posted at time of booking. Creative fees arefor "time and talent", do not include product of any kind unless stated above.2.

COOPERATION:

The parties agree to cheerful cooperation and communication for the best possibleresult within the definition of this assignment. Emerald Rose Photography is not responsible if keyindividuals fail to appear or cooperate during photography sessions or for missed images due to detailsnot revealed to Emerald Rose Photography.3.

Rescheduling/Late Arrivals:

In the event that clients wish to reschedule a session, all amountspaid are NON-REFUNDABLE. In the event of postponement, notice must be given at

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least 2 weeks prior to the scheduled time and must be rescheduled within same calendar year. Latearrivals will have amount of time late deducted from total time alloted for session.4.

LIMIT OF LIABILITY:

In the unlikely event that the photographer is injured or becomes too ill, orhas an extreme emergency that prevents her from photographing the event, Emerald RosePhotography will make every effort to reschedule the event. If for whatever reason this is not possible,responsibility and liability is limited to the return of all payments received for the package purchased.Emerald Rose Photography takes the utmost care with respect to exposure, transportation, processingand archiving the photographs. However, in the unlikely event that photographs have been lost, stolen,or destroyed for reasons within or beyond Emerald Rose Photography's control, Emerald RosePhotography’s liability is limited to the return of all payments received for the portrait package. Thislimitation on liability shall also apply in the event that photographic materials are damaged inprocessing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damagedwithout fault on the part of the Photographer. In the event the Studio/Photographer fails to perform forany other reason, the Studio/Photographer shall not be liable for any amount in excess of the retailvalue of the Client's order.5.

Physical Liability:

Clients are responsible for their conduct at all times. Any breakage or damage toequipment or studio contents are the sole financial responsibility of clients. Clients agree to holdEmerald Rose Photography and its agents harmless for any injuries or damages sustained preceding,during, and immediately following a session. In the event the Client’s behavior becomes abusive toMary or a member of her team, Client will be asked to leave, session canceled and all paymentsforfeited to Emerald Rose Photography.6.

Images and Copyright:

The photographs produced by Emerald Rose Photography are protected byFederal Copyright Law (all rights reserved) and may not be reproduced in any manner without EmeraldRose Photography's explicitly written permission. Commercial use of images is strictly prohibited.Images may not be entered into any contest or submission without prior written authorization. Onlineimages will be locked. Screen grab downloads, printing of digital images and scanning of prints fordigital imagery use is illegal and punishable by law. Disks provided to Client with web sizedwatermarked images are not to be reproduced and are for displaying on social networking sites, email,and online forums only. Watermarks are not to be cropped out unless payment is received to do so.7.

Payment:

Payment may currently be made by cash, check, or Paypal for credit cards (pleasecontact me if you wish to use this feature). If paying by check and credit card payment must clearbefore receiving final products or before booking is confirmed. If payment is returned for any reason a$35 NSF Fee will be applied to your account in addition to any fees applied by your bank and 10%interest will accrue after 30 days every month thereafter until the balance is paid in full. Client alsounderstands that there is a $.45 per mile charge for any travel over 30 miles and an additional cost forsome locations is to be paid within 30 days of session or there will be 10% interest applied to theaccount and no products will be delivered until it is paid in full.8.

Proofing:

Unless otherwise written proofing galleries will be made available for 2 months. Ordersfor prints must be placed within that time or a reinstating fee of $25 for each additional month will beapplied. All galleries will again be made available late October in order to order holiday prints and cardsand will be again archived in after the New Year.9.

Discounts and Promotions:

All discounts and promotions must be presented when booking yoursession. If you are eligible for the 25% discount, you must still pay the normal price booking fee anddiscount will be applied for final payment. (ie. $200 session=$100 booking fee+$100-25% of $200paid at time of session=$150 total)By signing below you are have read and understood this agreement and agree to be bound by them. ___________________________________________________ __________________Client (person paying for session) print and sign Date ___________________________________________________ __________________Photographer Date

Model Release Form-www.emeraldrosephoto.com 8083 Long Shadow LN, North Charleston, SC 29406- 843-801-4037

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I must have one of these completed for each subject to be photographed.

For good and valuable Consideration herein acknowledged asreceived, and by signing this release I hereby give the Photographer/Filmmaker and Assigns my permission to license the Images and touse 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 theImages may be combined with other images, text and graphics, andcropped, altered or modified. I acknowledge and agree that I haveconsented to publication of my ethnicity(ies) as indicated below, butunderstand that other ethnicities may be associated with Images of me by the Photographer/Filmmaker and/or Assigns for descriptive purposes.I agree that I have no rights to the Images, and all rights to the Images belong to the Photographer/Filmmaker and Assigns. I acknowledgeand agree that I have no further right to additional Consideration or accounting, and that I will make no further claim for any reason toPhotographer/Filmmaker and/or Assigns. I acknowledge and agreethat this release is binding upon my heirs and assigns. I agree that thisrelease is irrevocable, worldwide and perpetual, and will be governed by the laws of the USA.I represent and warrant that I am at least 18 years of age and have thefull legal capacity to execute this release.

Definitions:

“MODEL” means me and includes my appearance, likeness and form.“MEDIA” means all media including digital, electronic, print, television, filmand other media now known or to be invented.“PHOTOGRAPHER/FILMMAKER” means photographer, illustrator,filmmaker or cinematographer, or any other person or entity photographing or recording me.“ASSIGNS” means a person or any company to whom Photographer/Filmmaker has assigned or licensed rights under this release as well as thelicensees of any such person or company.“IMAGES” means all photographs, film or recording taken of me as part of the Shoot.“CONSIDERATION” means something of value I have received in exchangefor the rights granted by me in this release.“SHOOT” means the photographic or film session described in this form.“PARENT” means the parent and/or legal guardian of the Model. Parent andModel are referred to together as “we” and “us” in this release.

Photographer/Filmmaker Information

Name (print) _________________________________________________ Address ____________________________________________________ ____________________________________________________________ City __________________________________ State/Province _________ Country ___________________________ Zip/Postal Code ___________ Phone ______________________ Email __________________________ Shoot Date __________________________________________________ Shoot Description/Reference ____________________________________ Signature ___________________________________________________ Date _______________________________________________________

Model Information

Name (print) _____________________________________________________ Address ________________________________________________________ ________________________________________________________________ City __________________________________ State/Province _____________ Country _____________________________ Zip/Postal Code _____________ Phone _______________________ Email _____________________________ Date of Birth _____________________________________________________ Signature _______________________________________________________ Date ___________________________________________________________

Parent(s) or Guardian(s)

(if person is a minor or lacks capacity in the jurisdiction of residence.) Parent warrants and represents that Parent is thelegal guardian of Model, and has the full legal capacity to consent to theShoot and to execute this release OF ALL RIGHTS IN MODEL’S IMAGES. Name (print) _____________________________________________________ Address ________________________________________________________ ________________________________________________________________ City __________________________________ State/Province _____________ Country _____________________________ Zip/Postal Code _____________ Phone _______________________ Email _____________________________ Signature _______________________________________________________ Date ___________________________________________________________

Attach Visual reference of Model here: (Optional)

For example, Polaroid, drivers license, print, photocopy, etc.

Witness

(NOTE: All persons signing and witnessing must be of legal age andcapacity in the area in which this Release is signed. A person cannot witness their own release)

Name (print) _____________________________________________________ Signature _______________________________________________________ Date ___________________________________________________________