Gabi's Media Agreement
Between us, Gabi's Media (hereafter referred to as “GM”) and you,
(hereafter referred to as the “client”) for photographic services relating to the event or session of client.
Summary of Details
GM will always do their best to fulﬁll your needs and meet your expectations, but it’s important to have things written out so that we both know what’s what, who should do what and at what time, and what will happen if something goes wrong. In this contract you won’t ﬁnd any complicated legal terms or long passages of unreadable text. I want to be very clear on all that has been planned and agreed to, now and in the future.
The long and short;
You have agreed to hire Gabi's Media to capture your event/ session via her photographic services as outlined in this agreement.
You: You have the authority to enter into this contract on behalf of yourself, your partner or family who are going to be photographed! You agree to give GM all the information and coordination that they need to adequately photograph your session according to the info that we detail in this agreement. You agree to work with them by providing information, input and feedback in a timely manner. Deadlines are super important for organization, clarity and great photography and you agree to comply to the dates and schedules that we set together – this also includes the payment schedule.
GM: With years of experience, GM provides everything that we’ve agreed with you and we will do it all in a professional and timely manner. Your session is important to us and GM are sticklers about deadlines and all of the details you provide to us.
Getting Down to the Nitty Gritty
Pre-Session Consultation: This typically happens at the time of booking, and can be online via message, email, or in person. You will outline broadly what you are looking regarding your photography and then we will advise on planning, logistics and timing as needed. We will iron out the remaining details as they develop and as we get closer to the session date. We will contact you by phone, message or email a few days before the session to ensure that there have been no last minute changes and that everything is on track.
Cooperation: We both agree to happily cooperate and communicate with each other to achieve the best
possible result with your photography.
Travel Fees: Travel fees are typically agreed upon in advance and are noted in the the “Travel Fee” section of this agreement. If travel fees have not been discussed, you are still responsible for our costs related to your session which may include transportation, parking, meals and/or hotels.
Overtime/Unexpected Situations: If we are shooting or at the event for longer than we have been contracted for any reason, (you want to extend our coverage, something runs late and we stay to capture it) the hourly rate is $100 per hour and is billed in 15 minute increments. We will invoice you after the session and this must paid in full before we will release any images.
Extra Photos: What we give is what you get with the guaranteed amount of images. The photos GM picks out are the best of the bunch. However, if you would like to request extra photos, each can be obtained with a fee of $5 per digital photo.
Final Photo Product: GM makes no guarantee in regard to the quality of the images because quality is subjective. The quality of the images may be inﬂuenced by many factors beyond the control of GM. It is also understood that the client is hiring GM for their technical and artistic expertise and GM will edit the images as they see ﬁt. GM does not guarantee that everyone involved in the event will be photographed or will be included in the delivered images.
Boring Legal Stuff
Copyright Law: The copyright of photographs remains ours. We grant you permission to make copies of the images under the condition that images are for personal use only, by you, your friends, and relatives. Any other use of the photographs, such as sale, commercial or publication is not allowed without prior written permission from us. Void the previous sentence if you are hiring GM for business related services.
Model Release: You give us permanent and unlimited approval to use the photographs for any purpose, such as marketing, blogging and advertising. We are also allowed to copyright the images and alter the photographs without restriction. You release us from all liability and claims in connection with the images.
Limit of Liability: If a photographer becomes sick or injured and cannot supply the session services speciﬁed above we will do our best to provide a replacement session photographer of equal quality and professionalism. If a replacement photographer cannot be found then our liability is limited to a refund of any payments received. We have many measures in place to prevent loss or damage to your images. However, there is always the unlikely possibility that images may be lost, stolen or destroyed. In these situations, our liability is limited to the return of fees paid for the service or a partial return of fees paid based on percentage of images supplied. We strive to keep your images archived and available for as long as possible, but after three months from photo delivery date, it is encouraged that you adequately backup and archive your images. We recommend using online services such as Dropbox, Backblaze, Crashplan, Google Photos or Amazon Cloud as a form of backup, in addition to physical backups on your own computer and external hard drives. To be safe, you should have three copies of your photos, in two discrete locations, and another off-site.
Payment, Retainers and Postponement
You agree to stick tightly to the following payment schedule:
A 20% deposit is due at the time of submitting this agreement. If the session is cancelled on the client’s end for any reason, the payment is 50% refundable. If a session is canceled by GM, you will receive a full refund of what was already paid.
If the session is rescheduled to a date within the same calendar year as the original session that GM is available, all payments stay in place for the new date. If it’s outside of the same calendar year, and the rates have changed, you will be subject to the new rates, but the retainer payment will stay in place.
Returned checks: Returned checks are subject to a $50 fee.
But Where’s All the Horrible Fine Print?
You can’t transfer this contract to anyone else. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid, the remaining parts of it remain in place. Any package additions or modiﬁcations will be added as an addendum and signed by all parties. This agreement contains the entire, most up-to-date understanding between all parties. Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of Florida State courts.
Jurisdiction & Miscellany
This Agreement incorporates the entire understanding of the parties and the agreement covers all provisions that all parties have agreed to within this contract. Any modiﬁcations of this agreement must be in writing and signed by all parties. Any waiver, breaking or default of this agreement will be viewed as a breach of this contract even if all other provisions are held. Any disputes arising from any breach of in part or whole shall be governed by the laws of the State of Florida.