Portrait Contract with Wittful Productions
Please review and electronically sign your contract below.
This Agreement is between the client and Wittful Productions, LLC.
The services to be provided under this contract are as follows:
60-minute MAX photoshoot
In-person (or online) Ordering Session/Proofing Galley
10-25 complimentary high-resolution digital photos from the client’s proofing gallery
(additional photos and packages/albums sold separately)
1. RETAINER AND PAYMENT. The client shall make a non-refundable retainer in the amount of 50% of the package price (plus tax) to the photographer of Wittful Productions, LLC (aka the “Photographer”) to perform the services specified herein. The client and the photographer agree this retainer fee will go towards the complete required payment. Upon payment, the photographer will reserve the time and date agreed upon by both parties. The client agrees that this retainer is earned by Wittful Productions, LLC when paid, and is remitted in consideration of the experience, reputation, skill of the photographer and in consideration of the inability of the photographer to schedule other clients during this time.
The Client agrees to pay the remaining balance of 50% the package price no later than 24 hours after the scheduled session time. The client understands failure to pay the remaining balance by this deadline will result in any purchased packages to be put on hold until the final payment is received.
The client understands that product orders for photograph collections, made during the in-person or online product session, begin at a price of $25. All sales are final and returns for refund or exchange will not be accepted.
Except for Prepayment Orders, payment for product orders shall be submitted to Wittful Productions, LLC at the time of the order, whether via in-person, online, or a product session. If the client holds a remaining balance when using a prepayment plan, then the remaining balance is to be paid in full at the Photo Ordering Session.
Any payment plan agreements agreed to by Wittful Productions, LLC and the client shall be included as an addendum to this Agreement. If payment is not made in full according to such payment plan agreement, interest shall accrue at a rate of 10% per annum. No products shall be delivered until the entire due amount is paid in full.
2. ADDITIONAL TRAVEL FEES. The photographer will not travel outside 25 miles of Westminster to provide the Photography Session unless there is an addendum to this Agreement providing for additional payment to Wittful Productions, LLC for costs of travel. In the event that Wittful Productions, LLC agrees to travel outside of the 25-mile radius, Wittful Productions, LLC charges an additional $0.50 per mile from 6033 west 113th Ave, Westminster CO, 80020.
3. CANCELLATION. Wittful Productions, LLC agrees to reserve and not make any other reservations or accept any other clients for the date, time, and duration listed above (the “Session Date”) for performance of the services listed above (the “Photography Session”). For this reason, in the event that the client breaches, repudiates, or cancels this Agreement for any reason, all monies paid shall be retained by Wittful Productions, LLC, in order to offset its loss of business. In all circumstances, all sales are final, and all payments are non-refundable.
4. RESCHEDULING. In the event that the client requests to reschedule the Session Date, the retainer shall be applied to a mutually agreed upon rescheduled session date and time if written notice is given to Wittful Productions, LLC at least 3 days prior to the Session Date. If the client provides less than 3 days’ notice, the client forfeits $50.00 of fees paid (The client will be charged an additional $50.00 upon rescheduling). Rescheduling must be within the same calendar year.
5. LATE ARRIVALS/NO SHOWS. If the client is late arriving to the Photography Session, the amount of time late will be deducted from the time allotted for the Session Date. Clients shall not be compensated for the time deducted from the Photography Session due to the late arrival of the client. If the client fails to arrive to the Photography Session within the allotted time for the Session Date, all monies paid is forfeited and there will be no available options to reschedule (unless, under Wittful Productions, LLC discretion, the reason for the client’s no show was an emergency).
6. COMPLETION SCHEDULE. Completion schedules and delivery of products shall be determined from the date of final approval by the client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.
The Client Photo Proof Gallery shall take no more than 72 HOURS after the commencement of the photo session to create.
The complementary high-resolution photos will be delivered to the client within 72 HOURS of the client’s final selection of images from the Client Photo Proof Gallery.
Albums shall take 4 WEEKS from the date of final design approval by Client to be received by the Photographer.
Professionally Printed Items shall take 4 WEEKS from the date of final approval by Client to be received by the Photographer.
The client should place orders with sufficient time to allow for normal delays and notify Wittful Productions, LLC at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee of $100 shall be applied to expedited product requests. Wittful Productions, LLC shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
7. USE OF AN INDEPENDENT CONTRACTOR. In the event Wittful Productions, LLC furnishes a hair and/or makeup artist, Wittful Productions, LLC is not liable for any application or services by this independent contractor. The client agrees to release and hold harmless Wittful Productions, LLC for any services rendered or products applied by any stylist, hair and makeup artist, or other independent contractor during the Session. This includes but is not limited to allergies because of the use of the products by the independent contractor. The client agrees to notify Wittful Productions, LLC along with any stylist, hair and makeup artist, or other independent contractor used during the Session of any and all allergies prior to the Session.
8. USE OF ALCOHOL/DRUGS. The use of alcohol by Client IS NOT permitted during the Photography Session. The client understands that consumption of alcohol prior to and/or during the session may negatively impact the results of the images. Wittful Productions, LLC reserves the right to cancel or stop the Photography Session or otherwise deny services at any time if Wittful Productions, LLC believes that the client is under the influence of an illegal substance or overly intoxicated from alcohol use.
9. CREATIVE CONTROL. The photographer retains creative control of the session. This control includes but is not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps. (Please note: The photographer will always ask for permission from the client before making said adjustments.)
10. BODY ALTERATIONS. In order to preserve creative control, Wittful Productions, LLC retains the right to cancel the Photography Session and retain the retainer amount and any travel fees if Client has engaged in any body alterations within two weeks of the Session. Body alterations include, but are not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries, etc.
11. AGE OF CONSENT. The client acknowledges that the client is 18 years or older and of legal age to participate in a photography session. The client is signing this Agreement in full competency, without being coerced, influenced and of his/her/their own free will.
12. LEVEL OF COMFORT. The client agrees that the level of comfortability the client shows during the Photography Session is at the client’s own discretion. The client agrees that the client will not do anything the client is uncomfortable with and will notify the Photographer immediately if the client is uncomfortable with a certain location or a pose.
13. ARTISTIC RIGHTS. Wittful Productions, LLC retains the right of discretion in selecting the photographic materials released to the client. The client shall receive a proofing gallery of no less than 50 photographs (black and white edits included) to select from and shall not receive any photographic materials not presented to the client. Wittful Productions, LLC also retains the right to adjust the photographs in post-processing as the photographer deems within their creative control.
14. PHOTOGRAPHIC MATERIALS. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of Wittful Productions, LLC. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.
15. IN-PERSON PRODUCT SESSIONS. Wittful Productions, LLC shall make gallery proofs available through an agreed upon in-person product consultation. The Client Photo Proof Gallery shall be available for viewing by the client within 1 week of the photographic event. All orders shall be placed during the in-person consultation. All sales are final and returns for refund or exchange will not be accepted.
16. ONLINE PRODUCT SESSIONS. In the event the client prefers an online product session rather than an in-person product session, Wittful Productions, LLC shall host a screen sharing to show proofs. The Client Photo Proof Gallery shall be available to the Client within 1 week of the photographic event. All orders shall be placed during the online consultation. All sales are final and returns for refund or exchange will not be accepted.
17. COPYRIGHT AND REPRODUCTIONS. All products produced under this Agreement are protected by US Copyright Law. Wittful Productions, LLC shall own the copyright in all images created under this Agreement. If Wittful Productions, LLC desires to use, publish, display, and/or sell any image, Wittful Productions, LLC shall not do so without first obtaining a Model Release, signed by the Client stating the release of the client's images. If the client declines the Model Release, no use of the images will be public, and the images stay private and are only seen by the staff of Wittful Productions, LLC and the client. If Wittful Productions, LLC desires to make other uses of the images outside of uses stated in the Model Release, Wittful Productions, LLC shall not do so without first obtaining the written permission of the client. The Model Release is a separate document the client will sign giving consent or declining consent at the Product Session (see above).
It is understood that any duplication or alteration of original images, without the written permission of Wittful Productions, LLC, is strictly prohibited under Title 17, section 102 of the United States Code. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. Wittful Productions, LLC DOES provide the Client permission to resize photographs for Internet-based usage.
18. CLIENT USAGE. The client shall only use the photographic 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 used for any commercial use without express written consent from Wittful Productions, LLC. Further, the client shall not authorize reproductions by non-purchasers covered within this Agreement. Additional prints and/or digital files may be purchased from third parties or Wittful Productions, LLC. Accordingly, if Wittful Productions, LLC provides a digital file print release, the client must act in accordance with the release.
19. SOCIAL MEDIA. Clients may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The client shall not copy, download, screenshot, or capture the photographs in any other fashion, unless the photograph has been purchased. The client shall identify “Wittful Productions” or “Cody Basden” in the caption of all photographs uploaded to social media websites and profiles.
20. FAILURE TO PERFORM. If Wittful Productions, LLC is unable to perform the services under this Agreement due to illness, emergency, fire, casualty, strike, an act of God or causes beyond the control of Wittful Productions, LLC, Wittful Productions, LLC and the client shall make every attempt to reschedule the Photography Session. If a reschedule is unable to be agreed upon, Wittful Productions, LLC shall return the retainer to the client and shall have no further liability. Further, if Wittful Productions, LLC is unable to deliver photographic materials due to technological malfunctions, including but not limited to, camera and image processing, or otherwise lost or damaged without fault of Wittful Productions, LLC, Wittful Productions, LLC’s liability shall be limited to the return of all monies paid to Wittful Productions, LLC by the client. The limit of liability for partial loss of digital media/originals shall be a prorated amount of the exposures lost based on the total number of originals.
21. STANDARD PRICE LIST. The charges in this Agreement are based on the Wittful Productions, LLC’s Standard Price List. This price list is adjusted periodically, and future orders shall be charged at the prices in effect at the time when the order is placed, subject to prior notice to the client.
22. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to Wittful Productions, LLC’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $250. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
23. INDEMNIFICATION. Wittful Productions, LLC shall be held harmless for any and all injury to the client during the course of the Photography Session and the immediately surrounding events. Wittful Productions, LLC shall be held harmless for any and all economic, reputational, or any other damages to the client resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. The client agrees to defend and indemnify Wittful Productions, LLC for any legal claims by third parties resulting from the nature, subject matter, composition, or dissemination of images taken during the Photography Session. The client further agrees to defend and indemnify Wittful Productions, LLC for any and all legal claims caused by intentional or negligent acts of the client.
24. ENTIRE AGREEMENT. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties.
25. WAIVER. Any waiver of a breach or default of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach or default of either the same provision or any other provision of this Agreement.
26. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado.
27. ATTORNEY’S FEES. If either party to this Agreement brings a legal action, including, but not limited to litigation or arbitration, against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party shall recover reasonable attorney’s fees and all costs, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
28. CONSTRUCTION. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
29. SEVERABILITY. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceable shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.