This client agreement including the following terms and conditions is a contract for services provided by Shamrock Photo 333 LLC DBA Ryan Gallagher Photography. It is the client’s responsibility to confirm all arrangements no later than 7 days prior to the date of the event and to notify Ryan Gallagher Photography of any change of event date, address or contact information as listed on this contract.
This portrait session is being to the client free of charge.
Copyright and Reproduction:
The client agrees that all copyrights and/or intellectual property rights for all photographs taken at the session shall be held exclusively by Ryan Gallagher Photography, who shall also have the exclusive right to make reproductions including but not limited to: portfolios, samples, self-promotions, promotional video, entry in photographic contests or art exhibitions, editorial use, websites, social media sites and indoor and outdoor display. The client will receive digital images, and may use the images to print for personal use. The client may also post images online on social media sites and apps (i.e. Facebook, Instagram, etc.) but must provide a credit stating ‘Ryan Gallagher Photography’ as the photographer, and include a tag when possible. The client is encouraged to back up their images upon receiving them. Your acceptance of the original files releases Ryan Gallagher Photography from any liability due to loss or damage of the images, and also releases Ryan Gallagher Photography from any obligation to maintain copies of any digital file, image, or photograph. The client may not sell, distribute or take credit for any of the photos taken by Ryan Gallagher Photography.
Liability/Failure to Perform:
Ryan Gallagher Photography takes the utmost care with respect to the exposure, post-production, storage and delivery of photographs and will make every reasonable effort to satisfy the client. However, in the event of failure for any reason to comply with the terms of this contract, liability of Ryan Gallagher Photography is limited to a refund of any monies paid by the client. In the event of an emergency, equipment failure or other unforeseen circumstance, Ryan Gallagher Photography will refund all money paid by the client up to that point, but claims no further liability beyond that. Furthermore, Ryan Gallagher Photography shall have no liability for failure to supply any service when prevented from doing so by fire, theft, acts of God, strikes, labor disputes, death, accidents, illness, equipment malfunction or any cause beyond the photographer’s reasonable control. All parties to this contract hereby agree that said refund shall terminate any further liability to this agreement and that the amount of liability cannot exceed the amount of this contract. Ryan Gallagher Photography cannot be held responsible for damage to garments, as the Client is responsible to arrange personal assistance for garments if needed.
If Ryan Gallagher Photography cannot perform this Agreement due to a cause beyond the control of the parties, or due to Photographer’s illness, then the Photographer shall return any deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the value of the Client’s order as noted in this agreement.
Images are typically provided to the client via a thumb drive in the mail. The terms of this agreement are valid for three (3) months after the thumb drive is received by the client. If no correspondence or other communication has been received by that date, this agreement will be considered completed in full.
Requests /Shot List:
If an image request list (shot list) is provided by the Client, Ryan Gallagher Photography will require up to five minutes to set up and pose the subject(s) before capturing each image. We will do our very best to capture all requested images, however Ryan Gallagher Photography cannot be held responsible for any requested photograph not taken, missed or produced, or for lack of coverage resulting from any condition. Such conditions could include but are not limited to weather, schedule complications and complications caused by, but not limited to, anyone in or at the event, or by church/synagogue/location restrictions. Any requests and documentation made outside of this contract will be considered, but are not contractually binding. Client is responsible for any location or permit fees required.
Waiver of Liability Release:
By agreeing to a photography session with Ryan Gallagher Photography, I am hereby waiving, releasing, and discharging Ryan Gallagher Photography and all its affiliates, from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me or my family including my traveling to and from this event. Ryan Gallagher Photography is not responsible for any injuries inflicted upon any participating parties for any reason. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business. Client agrees that each person is participating voluntarily in the said photography session and forfeits all rights to bring a suit against Ryan Gallagher or Ryan Gallagher Photography for any reason. Ryan Gallagher Photography is not responsible for uncooperative parties. It is understood that the behavior of children is unpredictable, however, photographer is not liable if a child does not cooperate during a session.
The undersigned hereby grants Ryan Gallagher Photography the absolute and irrevocable right and permission, in respect to the photographs, video, motion pictures, recordings, or any other media (hereinafter collectively known as “Images”) that Ryan Gallagher Photography has taken of me or my property, or minors in my care, or in which I may be included with others, to copyright the same, in Ryan Gallagher Photography’s own name or otherwise, to use, re-use, publish, re-publish, post, display, in printed form, or in any and all media now or hereafter known, and for any legitimate purpose whatsoever. You hereby grant to Ryan Gallagher Photography the right to use and publish images and photographs captured during your photography session to further promote it’s service, including portfolio, print, web site, social media, outdoor display, advertisement, video promotion, and editorial use.