Booking Contract
This Agreement is between OyinOluPhotography (“Photographer”) and [You] (“Client”) which includes Client’s employees, guests and representatives. Client agrees that it has the legal authority to enter into this Agreement on behalf of its employer, company or organization, if applicable. Photographer’s relationship with Client is that of an independent contractor.
“Image(s)” means the photographic material, whether still or moving, created by Photographer and includes, but is not limited to prints or digital files, that were captured, recorded, stored, or delivered, in any type of format, photographic, optical, electronic, magnetic, digital, or any other, media.
Client acknowledges that Photographer is the Author of the Image(s) and also the first and sole owner of all copyrights of the Image(s). The Image(s) and all copyrights remain the exclusive property of Photographer without limitation.
IMAGES ARE LICENSED FOR SPECIFIC USE(S) AND ARE NOT SOLD.
Unless otherwise agreed, any rights granted are always limited, non-exclusive, sub licensable, non-transferable and non-assignable. Image(s) may not be used in a logo, corporate identity, trademark or other service mark.
The use of any Image(s) by Client will not constitute a work of joint authorship.
Copyright metadata contained within any digital file may not be altered, or removed, without the express consent of Photographer.
Unless otherwise agreed, Photographer retains the right to use the Image(s) for self-promotion.
All files will be delivered electronically via cloud services (e.g., Google Drive or Dropbox) and although Photographer may choose to archive files, it is the responsibility of the Client to properly store all received files. Files will be archived with Photographer for at most 14 days.
For all regular sessions, a $100 non-fundable session retainer is required to book and hold the date for your session and serves as a cancellation fee. The remaining balance is due on the session date. Payments can be made in cash or via PayPal.
NO RIGHTS ARE GRANTED UNTIL PHOTOGRAPHER HAS RECEIVED FULL PAYMENT, INCLUDING, IF APPLICABLE, ANY LATE-PAYMENT CHARGES.
For regular sessions, Client forefeits their session retainer paid to book the session date which will act as a cancellation fee. The fee can be credited towards a future session if the Client reschedules the appointment by calling 48 hours prior to the date of session and re-booking at an agreeable date and time.
If Photographer is unable to supply services due to illness, mechanical breakdown, accident, acts of God, or any other cause beyond control, then Photographer shall return the retainer fee to the Client, but shall have no further liability with respect to the contract. This limitation of liability will also apply in the event that any Image is lost or damaged through equipment malfunction, or otherwise, without the fault of Photographer.
PLEASE BE ON TIME. Client agrees and understands that the start time agreed upon is the time the session begins. If Client is late for any reason, this time is deducted from their session (Client loses this time). If Client is more than 20 minutes late, Photographer has the right to leave and the booking retainer will not be refunded or moved to another date. If the Client wants to reschedule after the photographer has left, they must pay an additional fee equal to half of the booking retainer. There will be an additional charge of $40 per 30 minutes that the session runs over if the Client wishes to continue photographing.