Pixel Nick Photography Modeling Agreement
Terms and Conditions
It is understood this Studio/Photographer is the exclusive, official photographer retained to perform the photographic services requested in this Contract.
Upon signature, the Studio/Photographer shall reserve the time and date agreed upon. The deposit (when applicable) is non-refundable unless the client and photographer can agree on an alternate date/time due to inclement weather, illness, or an act of God.
If in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of photography meeting the artistic standards of the studio/photographer, the photographer may elect to use an alternate location or to reschedule the photoshoot.
The Studio/Photographer reserves the right to use images created under this contract for advertising, display, publication, or other purposes. The photographer will, however, only use images from the client's selection, and will inform the client as a courtesy. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the photograph in this manner and shall indemnify and defend the Studio/Photographer in the event of litigation arising out of such use.
Negatives, digital files, and previews remain the exclusive property of this Studio/Photographer. Any images or files turned over to the client shall not be further edited, enhanced, manipulated, or changed in any way by you, the model, or anyone unaffiliated, or unapproved by Pixel Nick Photography - this includes social media filters!
If the Studio/Photographer cannot perform this contract due to fire or other casualties, strike, an act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability concerning the contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/Photographer fails to perform for any other reason, the Studio/ Photographer shall not be liable for any amount in excess of all monies paid.
Notice of Copyright: It is prohibited to use the final selected images for commercial profit that benefits the client without the express consent of the studio/photographer. If the client wishes to purchase full or limited commercial rights to do so, contact the photographer for pricing. This includes paid promotions on social media, subscription websites, and publications.
The photographer will ask as a courtesy to the client before publishing an image. All images either selected by the photographer or selected by the client for final editing will first be approved by the client first to ensure that they are comfortable with the selected images and will then be reapproved once final edits are made. This is a courtesy and the photographer may still post or publish images, as they are the sole property of the photographer.
If at any time during a shoot the client feels uncomfortable or for any other reasons wishes to halt the shoot once it is underway, this desire will be accommodated however no paid fees will be refunded, this includes the cost of the shoot, any props, outfits, makeup artists, location fees, equipment rental fees, etc.
You, the client hereby certify by signature that you have consented to the terms, goals, ideas, and parameters of the photoshoot planned at the arranged date, time, and locations, paying all costs as agreed upon and summarized below.
You, the client hereby verify that you are at the least of the minimum legal age of 18 years old and are willingly, and fully consenting to the agreed-upon terms of the shoot as pre-arranged between you the client, and the photographer.