Below is a copy of the portrait agreement, print release, and model release for the BECOMING gallery show.

Please note that individual names, session dates, and personalized information will be filled in prior to our session. I will ask you to sign these prior to our session at the studio.

Questions? Please email me at Lisa@BeingBreath.com … and thank you!

 PORTRAIT AGREEMENT


This Portrait Agreement (“Agreement”) is entered into as of the DATE, by and between LISA RENEE WILSON PHOTOGRAPHY, an INDIANA SOLE PROPRIETORSHIP with a primary address of 2815 W BRISTOL DR, BLOOMINGTON, IN 47404 (“Photographer”), and ______________ with a primary contact address of ___________________________________ (“Client”), each a “Party” and collectively the “Parties.”

For good and valuable consideration, which the Parties hereby acknowledge, the Parties agree as follows. 


Definitions


The terms “Photographer,” “photography team,” “us,” “we,” and “our” refer to LISA RENEE WILSON PHOTOGRAPHY  and all agents, employees, or other representatives.

The terms “you” and “your” refer to CLIENT NAME(S) and all agents, employees, or other representatives.

The term “including” means “including, but not limited to.”

The term “session”, “event”, and “photography session” refers to a hired photographic session for the purposes of taking custom photographs for BECOMING: MODEL SESSION to be photographed on ___________ at _____ am/pm.

The terms “agreement” and “contract” refer to this duly executed contractual obligation between parties.

Booking and Payment

The Photographer's total fee for this session is $0 (“session price”).

Payment for OPTIONAL product orders will be submitted to the Photographer within 30 days of gallery delivery, whether via online proofing service or in-person viewing.

No products will be delivered until the entire amount is paid in full.  Physical products paid for by Client and displayed in the December 2024 gallery may not be obtained by the Client until after the close of the show. Acceptable payment methods include check, cash, Paypal, Venmo, or Zelle. Returned checks are subject to a $50 returned check fee. Client assumes responsibility for any and all collection costs and legal fees incurred by Photographer in the event enforcement of this Agreement becomes necessary.


Cancellation

If the Client decides to no longer participate in this project, notification must be given to Photographer as SOON as possible after receiving the initial acceptance.


Rescheduling/Late Arrivals

If Client requests to reschedule a photographic session, the rescheduled session must take place within 1 calendar week. Any Client that arrives late to the session will have the amount of time late deducted from the time allotted for the session. Photographer will not provide a partial refund or other compensation for the time deducted from the session due to late arrival of the Client.  

In the event that the weather conditions are not desirable for the shoot based on Photographer recommendations, the session will need to be rescheduled and the fee will be waived or an alternative location agreed upon. Due to liability and equipment damages, this decision will be at Photographer’s discretion. 


Location & Travel

The photographic session will occur at 127 S GENTRY ST, BLOOMINGTON, IN 47404 (studio) unless otherwise agreed upon. If Client specifies a certain location to be used during the shoot, the client is responsible for all location fees involved such as location access fees, parking, and other expenditures directly required for fulfillment of this Agreement. 

Styling

The Client and Photographer will discuss styling choices, including but not limited to wardrobe, makeup and hairstyle, prior to the session. All styling choices made at the event are final and no reshoots shall be available due to styling choices.

The Photographer retains creative control of the session, including, but not limited to, the adjustment of hair, makeup, jewelry, clothing, and clothing straps.  All final choices will be made by the Photographer.

Completion Schedule

Completion schedules and delivery of products will 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.

  • Digital gallery with protected proofs will be delivered within 3 weeks from the time of the session. 

  • 3 free digital images will be delivered within 24 hours of Client’s selection of images.

  • If Client chooses to purchase entire digital gallery, gallery will be delivered within 24 hours of payment received. Recorded interview will be delivered by December 4, 2024.

  • Prints (including paper prints, metal prints, canvases) will take 2 WEEKS from time of print order to be processed and delivered to the Client.   

  • Albums will take 3 WEEKS from date of final design approval by the Client to be received by the Photographer. 

  • Any printed materials appearing in the December 2024 gallery show and purchased by Client will not be available to the client until the close of the gallery show.  

The Photographer will not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.


Photographic Materials & Artistic Rights

All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, will 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 Client will only use the photographic prints, including digital files, in accordance with a Print Release, which will be incorporated with this agreement.
  

The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client will receive a gallery of AT LEAST 15 photographs to select from and will not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $15 per file.

Products Included & Additional Purchases

The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders will be charged at the prices in effect at the time when the order is placed.  

Products included within the session price are as follows:

  • Three (3) high-resolution digital files

The entirety of the digital gallery and supplemental recorded interview supplied by the Photographer can be purchased for $150. 

For purchase of additional images and products, Photographer will provide an online gallery for digital images or schedule a Viewing & Ordering Appointment for physical products.


IN-PERSON PRODUCT SESSIONS: If Client wishes to purchase physical products, the Photographer and Client will agree upon an in-person (or video) consultation date for viewing. Physical products printed for the gallery show may be viewed during the gallery show. 

ONLINE GALLERY: The Photographer will make gallery proofs available through an online gallery proofing website. These proofs will be available to the Client within 3 weeks of the photographic event. Upon delivery, the online proofing gallery will remain open for 60 days from delivery  If the Client requests to extend the time or reopen the online proofing gallery, a $125 un-archival fee will apply.  


Cooperation

Photographer is not responsible for behavior of parties involved with the shoot, with the exception of Photographer’s personnel. If the desired outcome of your session is jeopardized by the behaviors of parties involved with the exception of Photographer’s personnel, Photographer cannot be held responsible. The Client will assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose for photographs at the Photographer's direction; providing a person to guide the Photographer to desired persons and/or scenes; pre-shoot consultations, etc. The Photographer will not be responsible for photographs not taken as a result of the Client's failure to provide reasonable assistance or cooperation.


Photography and Videography

The Client will not engage in photography or videography during the course of the photographic session unless otherwise agreed to by the Photographer. Engaging in this behavior entitles the Photographer to end the session without refund or reschedule available to Client.


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 the Client will make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer will return the initial nonrefundable payment to the Client and will have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability will be limited to cost of the Agreement. In no event will Photographer be liable for any amount exceeding the cost of the Agreement.

Photographer’s Standard Price List

The charges in this Agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders will be charged at the prices in effect at the time when the order is placed.  

Indemnification & Liability

Client agrees to indemnify, defend and hold harmless Photographer and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Photographer provides to Client. Claims against Photographer for the delivered artistic works must be brought to Photographer's attention within one (1) week from date of delivery. After one (1) week, the Client waives any right to submit a claim to Photographer for reimbursement of any fees previously paid or for her waiver or forgiveness of any fees that may still be outstanding.

Legal 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 will not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.  

If either party to this Agreement brings a legal action 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 will 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.

The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of INDIANA and the County/City of MONROE/BLOOMINGTON with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State/Commonwealth any action may be commenced, this Agreement will be deemed to have been made in such State/Commonwealth and will be governed by and construed in accordance with the laws of such State/Commonwealth

Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in interpreting this Agreement. The language in this Agreement will be interpreted as to its fair meaning and not strictly for or against any party.


Notice

Parties will provide effective notice (“Notice”) to each other via the email to the address listed below:


Photographer’s Email:

LISA@BEINGBREATH.COM

Client Email:

AGREED


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Photographer’s Signature:

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Client’s Signature: 


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Date

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Date



Print License Agreement


This Print License Agreement (“Agreement”) is entered into as of the DATE, by and between LISA RENEE WILSON PHOTOGRAPHY, an INDIANA SOLE PROPRIETORSHIP with a primary address of 2815 W BRISTOL DR, BLOOMINGTON, IN 47404 (Photographer”), and [CLIENT NAME(S)] with a primary contact address of [CLIENT ADDRESS] (“Client”), each a “Party” and collectively the “Parties.”  This Agreement governs and grants the Client’s personal print rights as it relates to the images purchased by Client from the photographic session on DATE.


The Client agrees and acknowledges that all images produced remain the exclusive property of the Photographer and that the grant of this limited license for personal use does not alter the ownership or control of said images. 

The Photographer grants to the Client the following limited license of these images, subject to the following restrictions: 

  • Distribution of photographic images for personal purposes via electronic means. Such electronic distribution includes email to personal contacts, distribution on social networking sites, and publishing images on personal blogs.

  • Reproduction of printed images for personal use of any size and quantity.

  • Display of images in a personal residence or other non-commercial venue.


Any other use or reproduction of images is strictly prohibited. Such prohibited uses include, but are not limited to:

  • Commercial Electronic Distribution.

  • Entrance into any contest or other venue which may result in financial gain. 

  • Sale of prints or other materials.

  • Display of images in any business related (retail or otherwise) or commercial venue.

  • Alteration of images for display, including cropping and digital color enhancement.

  • Copying of digital files for distribution to others.

  • Any distribution of watermarked, unpurchased digital files, including but not limited to screenshotting, removal of watermark, and social media sharing.



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Client’s Signature

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Photographer’s Signature

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Client Name

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Photographer Entity Name


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Date

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Date

 

MODEL RELEASE 


This Model Release (“Release”) is entered into as of the DATE, by and between LISA RENEE WILSON PHOTOGRAPHY, an INDIANA SOLE PROPRIETORSHIP with a primary address of 2815 W BRISTOL DR, BLOOMINGTON, IN 47404 (“Photographer”), and ______________ with a primary contact address of ___________________________________ (“Client”).


In consideration for custom photography services and incorporated with the Photography Agreement, the Client perpetually and irrevocably authorizes the Photographer, any assignees and licensees, to use photographs containing the Client’s publicity rights and likeness in any form in any media, including but not limited to promotional materials, online marketing, portfolio, other areas of marketability and commercial licensing, unless otherwise specified in this Release.  Client acknowledges and agrees that the photographs created by the Photographer will remain the exclusive property of the Photographer, the Client retains no intellectual property ownership in the photographs and has no right to inspection of the photographs prior to use. Client waives all rights and claims and releases 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. 


Client acknowledges that the Client will not be compensated at any time for any use of marketing and that the Photographer of such photos exclusively owns all rights.  Client acknowledges and agrees that the Photographer may modify, change, or alter such photographs without restriction, unless outlined specifically in this Release. Client acknowledges and affirms that no pre-existing Releases of any sort exist between themselves and any other entity which may prevent or restrict Photographer from using their likeness in any manner.


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Client’s Signature

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Photographer’s Signature


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Date

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Date