Portrait Contract

This agreement is between the ‘Client’, whose name and address is listed below, and Angel Kincaid, the ‘Photographer’ of Angel Kincaid Photography, 1952 Bost St, Lincolnton, NC 28092 Ph: 980-241-8910

  1. Expectations- The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's discretion; providing a person to guide the Photographer to desired persons and/or scenes, pre-shoot consultations, etc. The Photographer shall not be responsible for photographs not taken as a result of the Clients failure to provide reasonable assistance or cooperation.  

  2. Deposit and Payment- a $50 deposit is due at the time of booking. This non-refundable deposit secures the time and date agreed upon by both parties. The deposit is non refundable if the 'Client' cancels, no shows, or changes the engagement. If the Photographer fails to appear at the place and time specified below, the deposit shall be refunded to the Client. The remainder of the session fee will be due at the session. 

  3. Rescheduling - If Client requests to amend the session date, the deposit will be applied to a mutually agreed upon re-schedule date. If the Photographer is unable to perform this agreement on the agreed session date due to illness, emergency, fire, casualty,  act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session again. If a reschedule is unable to be agreed upon, Photographer shall return the deposit to the client and shall have no further liability.

  4. Cancellations- If the Client cancels this agreement or fails to show, the deposit shall be forfeited. Client understands and agrees that Photographer may not be able to re-schedule a new session and may have suffered financial losses that are difficult to ascertain.If Client books then cancels more than two times, said client will not be permitted to book with Photographer again in the future. 

  5. Artistic Rights- Upon viewing samples of Photographers work and/or meeting her personally, you have decided to invest in the photographers services to photograph your session because you are confident Photographer can give you results which you will cherish. There is no knowing what photos will be produced from this endeavor simply because this is an event in the future. As the photographer is also unable to make promises regarding the number of images which will be produced from this endeavor. As an artist, the Photographer reserves the right to artistically interpret what she sees and in what ways she chooses to photograph a scene. This may mean things like the photographs may be in color, black and white, etc. This is the Photographer's interpretation as an artist. The Client(s) hereby agrees that he/she fully understands that there are no full refunds or exchanges on purchases after the session is completed due to the custom nature of Photography. 

  6. Photographic Material- The Photographer retains the right of discretion in selecting the photographic materials released to the client. No Raw or unedited files shall be released. All files are high resolution digital images delivered via an online gallery. CD's or USB's of images may be requested at an additional $20 cost. 

  7. Copyrights and Reproductions- The Photographer shall own the copyright of all images created, including but not limited to, negatives, transparencies, proofs and previews. The Photographer shall also have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display on or within the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.

  8. Client Usage- The Photographer will make gallery proofs available to the Client through an online gallery proofing website. These proofs shall be available to the Client within 2 weeks of the session.  The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Photographer will provide the Client with a digital file print release and the Client must act in accordance with that release.

  9. Online Sharing- Only images that are watermarked and specially formatted for web viewing by the Photographer can be posted or shared online by the Client. Clients may NOT post the high resolution print files online. Images may not be altered in ANY way by the client (no cropping, black/white conversion, filters, etc.). The Photographer will post preferred shot(s) from the session on the Facebook fan page and encourages the client(s) to tag himself/herself and share with friends and family. The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot or capture the photographs in any other fashion.

  10. Liability-  If the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to, camera and processing, or photographic materials are lost or damaged without fault of the Photographer, liability shall be limited. The Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release the photographer from any claims against their person or their business. The Client(s) will waive, disclaim and release Angel Kincaid Photography  and it’s respective owners, members, employees, agents, volunteers and representatives from any and all actions, claims or demands against Angel Kincaid Photography that they may have now or in the future, whether known or unknown. Parties, including without limitation those related to injury to persons, or damage, loss or destruction of property arising out of or in connection with the Session or any products related thereto. 

  11. NON-DISPARAGEMENT CLAUSE: For purposes of this Section, “disparage” shall mean any negative statements, reviews, comments, or feedback, whether written or oral, about Photographer or services provided by Photographer [insert people, companies, products, etc.].Client agrees that they will not disparage Photographer, or post any negative statements, reviews, comments, or feedback about Photographer or services provided to any third party whether orally or in any written publication or online forum, chat room, text message, email or message board, including but not limited to Facebook, Twitter, Instagram, Snapchat and Yelp.Parties agree that it would be impracticable and extremely difficult to ascertain the amount of actual damages caused by a failure to comply with this provision. Parties agree that in the event it is established that Client has filed to comply with this provision, liquidated damages of $1,000.00 shall be payable.

@2020 by Angel Kincaid

Photographer/Webmaster