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Photography and videography client contract

Boehlke Media · Utah · version utah-v3

1. Services

Boehlke Media will provide the session described in your booking summary (—), photographed by Sabrina Boehlke on the date confirmed in writing by both parties. The creative direction, selection and editing of the delivered work rests with Boehlke Media.

2. Retainer and final payment

A non-refundable retainer fee of 50% is required to hold the date of your session. No date is reserved until a retainer is received. The balance of the complete package price must be paid at the date specified. Final balance will be due one week before the session date or the day of, if confirmed by both parties. To make the day go smoothly, payment ahead of time works best. If final payment is not received as set forth herein, Boehlke Media reserves the right to withhold delivery of the photos and/or footage and/or not attend the session until payment is received. Upon the client’s signature and payment of the retainer fee, Boehlke Media agrees to reserve the date and time specified. The retainer fee is applied towards the final contracted package.

3. Cancellation

There shall be NO refund of the retainer after 48 hours from the signing of the agreement due to the reservation of the session date. If the session is canceled within two months of the date, the client shall pay the balance of the contract due to the high probability that Boehlke Media will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client, and all arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Boehlke Media of the cancellation. For weddings, the retainer fee will be transferable up to 365 days after cancellation; portrait sessions are rescheduled under the Rescheduling paragraph in section 5 instead. The client agrees to not expect a new date to automatically be available, and cannot be pushed ahead of other reserved clients.

4. Time overages

If more than the hour time allotment is requested by the client in advance, or on the day of the session, Boehlke Media will charge the following rate per hour: $200. This amount will be added to the aforementioned service price. This hourly amount will be broken down by ½-hour increments and rounded up.

Weddings. Wedding bookings include the wedding-day coverage period stated in your booking summary (—). Additional wedding-day coverage is charged at the rate stated in that summary (—) in place of the rate above, broken down by ½-hour increments and rounded up. The coverage period and the additional-coverage rate are fixed when the booking is made and are not altered by later changes to published packages or pricing.

5. Change of date or location

Boehlke Media must be notified immediately of any changes in schedule or location, at least one week before the scheduled date. Notification of any changes can be made by phone or with written notice sent via email for documentation. It is the client’s responsibility to confirm all arrangements at least 7–10 days before the session. In the event of a change of address or contact information as listed, you must notify Boehlke Media.

Rescheduling. A portrait session may be moved once at no charge with at least 7 days’ notice, subject to availability, within 12 months of the original date. Inside 7 days the retainer is forfeited and a new retainer is required to rebook. This paragraph does not apply to weddings, which remain subject to the cancellation terms in section 3.

6. Failure to perform

Due to the limited and subjective nature of the session, Boehlke Media cannot be held responsible for requested photos or footage not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by, but not limited to, anyone at the session or by location restrictions. The photographer/videographer is not responsible for lost photo or video opportunities due to any kind of equipment malfunction, lateness, or other principles. Boehlke Media will do their best to fulfill all requests but can make no guarantees that all photos or footage will be delivered. Clients are responsible for all location fees and permits.

7. Unforeseen circumstances

If Boehlke Media or its assigns cannot perform this agreement due to a fire, casualty, strike, or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism, or other causes beyond the control of the parties, or due to illness, then Boehlke Media shall return any sums of money paid by the client, fewer expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photo or video materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Boehlke Media.

8. Expense reimbursements

The client agrees to reimburse Boehlke Media for all reasonable expenses relating directly to the session itself. For example, parking fees, destination travel fees, accommodations, etc. Boehlke Media will bill the client after the session. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Boehlke Media agrees to supply expense receipts if so requested. ONE EXCEPTION: a travel fee of $0.50 per mile will apply if the session location is over 30 miles outside of Park City, UT. Locations outside 50 miles of Park City will incur an additional fee.

Garments. Boehlke Media cannot be held responsible for damage to garments during environmental sessions. The client is responsible to arrange personal assistance for garments. Boehlke Media will not put any parties in a situation (unless requested by the client) that will cause harm or damage to special garments. However, to achieve certain shots, the clients agree to trust the discretion of Boehlke Media and assistants.

9. Substitution

In the event of illness or sudden events out of the control of both parties, Boehlke Media will attempt to substitute a photographer/videographer at no cost to the client. This contract will be transferable to the said professional.

10. Product delivery

Your edited portrait gallery is delivered electronically via an online sharing platform within 3–4 weeks of your session. For weddings, the edited gallery and, where film is part of the booked package, the finished film are delivered within 4–6 weeks of the wedding date. Delivery dates vary based on the time of year, length of the project, and complexity. A rush edit can be purchased if you need your gallery sooner. Capturing and telling a beautiful story through photo and video takes hours of sorting, editing, color correcting, sound editing, and more, so Boehlke Media can provide updates on the project’s progress but asks for patience. It will be worth it!

11. Copyrights

All photos and videos created by Boehlke Media are copyright protected. It is a violation of federal copyright law to copy, scan, or allow materials created by Boehlke Media to be duplicated, digitally reproduced, copied, or altered digitally or otherwise, without Boehlke Media’s express written permission. The raw footage and unedited photos remain the sole property of Boehlke Media and will never be given or sold to a third party.

Boehlke Media agrees to grant these rights to the client with a non-exclusive, limited, perpetual license. This license allows the client to: display the images; create a copy for personal use; upload, email, or electronically transfer the files; and publish them on personal websites or social media sites — this applies only if giving Boehlke Media credit.

This license prohibits the client from applying for copyright registration or selling any photo or video files supplied by Boehlke Media, and from making derivative works or otherwise modifying, including editing and/or manipulating, electronic files.

12. Proofs and creative license

Boehlke Media, as a photographer/videographer and artist with whom clients entrust their memories, retains the judgment to remove any image(s) deemed bad or irrelevant. Photos and footage may be edited at the photographer’s/videographer’s discretion, and delivered files may not include all events shot. Boehlke Media reserves the creative right to edit and release only those deemed professional in quality and within artistic standards. By signing this contract, the client is aware of the style of photography and videography that Boehlke Media produces.

13. Storage of images

Boehlke Media recommends backing up files on other media formats. It is the client’s responsibility to keep several copies in more than one location. Once the images are in the hands of the client, it is their responsibility to download and save the files. Files will be stored online for 30 days for client download. If files are not downloaded within this time frame, they will be archived. Retrieving archived files will incur an additional $300 fee. This option is only available up to 1.5 years after delivery.

Weddings. Wedding galleries are kept online for the retention period stated in your booking summary (—) in place of the 30 days above. Continued online access after that period is not guaranteed, and the archived-file terms in the paragraph above continue to apply. It remains the client’s responsibility to download and back up the delivered files. The retention period is fixed when the booking is made.

Model release agreement

Boehlke Media · version release-v1

As a participant in a Boehlke Media photography or video session, and on the terms stated here, I grant Boehlke Media permission to copyright and use the photographs and video to the extent I have chosen above.

I waive any right that I may have to inspect or approve the finished product or written copy that may be used in conjunction therewith, or the use to which it may be applied.

I release and discharge Boehlke Media from any liability by virtue of any distortion or alteration, intentional or otherwise, that may occur or be produced, in the making or editing of the photos and/or video. I agree to hold Boehlke Media harmless from any liability to others arising from the use by Boehlke Media of anything said or done during the shoot.

I understand that there will be no compensation for participating in the photo/video shoot.

What each choice means. Full permission — Boehlke Media may use the photographs and video in any manner or form, for any lawful purpose, at any time. Portfolio only — Boehlke Media may use them in its own portfolio, website and social media, and nowhere else. Private use only — Boehlke Media will not publish them at all. You may change your choice at any time by writing to boehlkemedia@gmail.com; we will stop future use, though we cannot recall material already printed or published.