Moda Agreement



This agreement is made on by , hereafter referred to as Client, with Bubble Wrap Studio, LLC / Moda Portraiture (Erle R. Granger II and Kelly Cho), hereafter referred to as Photographer. This agreement, the purchase agreement, and any amendments constitute the entire agreement between parties.

A. Payment
Client has paid Photographer a non-refundable retainer at the time of booking to secure their appointment date and time. Remaining session balance (including travel fee detailed in section B and additional services detailed in section C) is to be paid by the day of the shoot, and covers the time and talent of Photographer, studio time, retouching and editing of limited images. Session fee does not cover prints or digital images.

B. Location Costs & Fees
If there are any costs/fees associated with the location Client has chosen for their session, Client will be responsible for those fees. Photographer will not guarantee or arrange payment on any location. Sessions held at Bubble Wrap Studio are at no additional cost. A fee of up to $200 covers the cost of travel within a 25-mile radius of downtown Jacksonville, Florida. Location outside of these limits is subject to an additional charge of $0.75/mile.

C. Additional Services
Photographer highly recommends hiring a professional makeup artist, hair stylist, and wardrobe stylist.
Client requests the following (price tbd):

D. Cancellation & Rescheduling
If the session is cancelled by the Client with a 120 hour notice, the retainer can be applied to a rescheduled appointment. If notice is not given, Client will lose their retainer and a new retainer must be paid to reschedule session. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction or other circumstances beyond their control.

E. Re-shoots
If you are not satisfied with your images at the fault of Moda Portraiture, your images will be retaken. Re-shoots will not be given for poor choices of clothing, makeup, hair, or weather related issues, or non cooperation by client, or by not following the recommendations and instructions of Photographer. In the event that photographs are damaged or lost through camera or computer malfunction, Moda Portraiture will retake the session when possible or issue a refund of the cost of the session fee. If the session fee must be refunded, Photographer will have no further obligation to Client.

F. Retouching
Any purchased print includes retouching free-of-charge. All retouching and editing to be done by Photographer; Client may not alter images in any manner, including removal of watermark and recropping (see section I).

G. Proofing
Proof of select images available for viewing within 1-2 weeks of session date.

H. Prints
Print and product purchases must be paid for in full before any orders will be fulfilled. Allow 1-3 weeks for the delivery of prints and products once orders have been placed; custom items may take longer. Prints are subject to sales tax. Each purchased print includes a fully-retouched web-ready digital copy of the image for personal use.

I. Copyright
Moda Portraiture retains all copyrights to all images created during the session. Images may not be reprinted, duplicated, reproduced, copied, scanned, altered, cropped, or sold in any way without Photographer’s written permission. Violating US Copyright Laws is a federal offense. Client agrees to purchase prints and products through Moda Portraiture unless Client has purchased a full resolution digital negative of the image. If Photographer releases the full resolution digital image to Client, Client has permission to use the image for personal use only. Commercial usage rights are not included with purchase. Client does not have rights to resell image or grant third-party usage rights.

J. Model Release
Photographer reserves the right to use images taken at this session for advertising, display, publication or other purposes including but not limited to: Website, blog, studio display, promotional material and product samples. Client grants to Photographer the irrevocable and unrestricted right to use image for their portfolio and publish photographs of Client. Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium.
Client agrees to hold harmless and defend Photographer, their legal representatives or assigns, and all persons acting under their permission or authority or those for whom they are acting, from any liability by virtue of any reason in connection with the making and use of such photographs, including blurring, distortion, alteration, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of any pictures or in any subsequent processing thereof, as well as any publication of them, including without limitation any claims for libel or violation of any right of publicity or privacy.

K. Liability
The Photographer is not responsible for any personal injury that may occur during the session to Client, their children, and their guests. Client will be responsible for their children, guests, and themselves, and release the photographer from any claims.

L. Damage
Client will be responsible for any equipment and property damages made by Client, their children, and their guests during session.
Client assumes full responsibility for the safety of any prints; Photographer is not responsible for damages of prints after delivery.

M. Archive
Photographer holds on to all digital images for 7 days after viewing session. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond their control.

N. Courtesy
The Photographer will be the only photographer at the photo session. No other cameras (including cell phones) or videotaping is allowed. The photographer will not continue if there are other cameras or videotaping during the session.

I agree to the above stated contract. I represent that I am over the age of 18 or am the parent or authorized guardian of any minors being photographed, and have read and fully understood the model release. This release shall be binding upon the minor and me, and our respective heirs, legal representatives, and assigns.


Signed (by guardian if model under 18) and agreed on
Email:
Add me to your newsletter (we do not share your email with other parties)

Name of model(s) under 18 and birthdate of all models:

Address:

Phone number: