Pumpkin Patch Mini Sessions

Thank you for choosing Ryaphotos! You can secure your spot in the 2019 Pumpkin Patch Mini Sessions by completing this booking form. The Pumpkin Patch Mini Session booking has a non-refundable $295 retainer and is due on the date that your session is first scheduled to secure a spot on my calendar. This retainer covers time and talent during our shoot, time spent editing images after the shoot, and the top 8-10 retouched, hi-resolution digital files delivered electronically (photographer's choice). RYAPHOTOS SHALL HAVE THE RIGHT TO CANCEL YOUR SESSION DATE OR TO GIVE IT TO ANOTHER CLIENT IF THE RETAINER IS NOT RECEIVED. The retainer shall be good for services performed on the originally scheduled date.

This agreement is between the Client, whose name is listed below, and Rya Duncklee of Ryaphotos.

Photographer: 
Rya Duncklee

Retainer and Payment. The Client shall make a non-refundable retainer in the amount of $295+tax to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties. Client agrees that this retainer is earned by the Photographer 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. 

This agreement is between the Client, whose name and address is listed above, and Rya Duncklee of Ryaphotos.

1) Retainer and Payment. The Client shall make a non-refundable retainer in the amount of $295+tax, for the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon.

2) If Client cancels, or fails to show before the agreed upon photographic event date, the retainer shall be forfeited.

3) Rescheduling/ Late Arrivals. Due to the limited space for this type of session, reschedules are not permitted. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client. Since the sessions are done indoors in the studio, rescheduling due to weather will not be a factor.

4) Completion Schedule. Completion schedule is typically two weeks after your session. 

5) Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. 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.

-The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 2 weeks of the photographic event. If an online proofing gallery delivered, it shall remain open for 4 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $25 un-archival fee shall apply.

6) Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Client shall receive a gallery of 8-10 of photographs and shall not receive any photographic materials not presented to the Client.

7) Copyright and Reproductions. The Photographer shall own the copyright in all images created and shall 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 within or on 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. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. 

8) 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, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.

9) Social Media. The Client may share web/blog post links and social media 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. The Client shall identify the “©RYAPHOTOS2019” in the caption of all photographs uploaded to social media websites and profiles. When uploading to a Facebook Social Media profile, the Client shall “tag” the Photographer’s business page in the album of the uploaded files.

10) Photographs/Videography. The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.

11) Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

12) Arbitration. Any controversy or claim arising out of or relating to this contract, or a 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 the Photographer’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 $500. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

13) Indemnification. The Photographer shall be held harmless for any and all injury to Client during the course of the photographic event and the immediately surrounding events.

14) Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Florida.

15) Waivers. The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

16) Attorney’s Fees. If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

MODEL RELEASE

This agreement is between the models, whose name and address is listed, and Rya Duncklee of Ryaphotos.

I, give the Photographer permission with respect to photograph the model described herein, including any minors involved in the photo shoot. I warrant that I am the parent or legal guardian of the minor and have full right and authority to grant this consent.

I, authorize the Photographer to use and to create images for promotional material, online usage, and other areas of marketability.  I further authorize the distribution of photographs to potential clients of the Photographer for portfolio purposes. 

I, further acknowledge that I will not be compensated, either now or at any time in the future, for any use of marketing and that the Photographer of such photos exclusively owns all rights. 

I acknowledge and agree that Photographer shall have the exclusive, perpetual and irrevocable right to take, use, re-use, publish and republish photographic materials which contain the model/s image. 

I hereby acknowledge and agree that photographer may modify, change, or alter such images without restriction. 

I hereby acknowledge and agree that the photographs created by the photographer shall become and remain the exclusive property of Photographer, and that I retain no rights to said photographs unless specified particularly in this agreement. 

I, also hereby waive all rights and claims and release the photographer from any claim or cause of action, whether now known or unknown, relating to the sale, display, license, use and exploitation of the photos. I hereby covenant and agree that I shall not bring any action or proceeding or maintain a complaint against the photographer in any court of law, state or local, or before any administrative body, related in any way whatsoever, to the use of the photographs. 

I also consent to the use of the model’s own name or any fictitious name which may be chosen in connection with the aforesaid photographs.

I hereby release any and all claims whatsoever in connection with the use of the model’s photograph and name and the reproduction thereof as aforesaid.

I hereby waive any right that I may have to inspect and/or approve the photographs or any advertising copy that may be used in connection therewith or the use to which it may be applied.

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Sub Total
$295.00
Sales Tax
$20.65
TOTAL
$315.65

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Thank you for completing your booking agreement!

Thank you for taking the time to complete your booking agreement!

Rya will be in touch soon with your session concept board, including color palette and clothing direction.

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