Business Photography Contract Overview

Explains the contractual agreement between the Client and the Photographer/Owner.

THIS AGREEMENT is made between the Client (“Referred to as Client”) and Dwan Miller (“Referred to as Dwan Miller Photography, LLC”).

CONTRACT OVERVIEW: This agreement constitutes a request for portraiture photography services surrounding business, corporate and or commercial capturing of people, objects and or buildings; but not limited to, the taking of photographs as agreed to by both the Photographer and Client. It is understood that any and all rights to proofs, final images, digital images, prints, sample prints, videos and galleries shall remain as property of DWAN MILLER PHOTOGRAPHY, LLC and may be used for advertising, marketing, stock photos, display, promotion and any other purpose thought proper by DWAN MILLER PHOTOGRAPHY, LLC. 

PACKAGE OPTIONS: Dwan Miller Photography, LLC offers several Business photography packages. Business photography consists of categories but not limited to: Individuals, Groups, Corporations and more. Any of these categories can be applied to a session (depending on the time needed to provide service and the total number of photos requested). These session normally consist of headshots, middle/quarter body portraits and or full body portraits. Our business packages are comprised for Individual(s) and Group(s). INDIVIDUAL(s) SESSION(s): Package A: 1 high resolution edited photo, 15 minute session= $150; Package B: 3 high resolution edited photos, 20 minute session= $200; Package C: 8 high resolution edited photos, 30 minute session= $350.Business Additional Photo "Bundle Special” are available; however, only applies to Package B and C: Bundle A: 5 photos: $125-Save $25, Bundle B: 10 photos: $225-Save $50, Bundle C: 25 photos: $550-Save $125. GROUP(s) HEADSHOT SESSION(s): 60 minute sessions, 1 location (On-site or Studio), 1- High res digital image per person, 1- High res Group/Staff/Team photo, Commercial Photography Usage License & Print Release, 3-5 people- $100/person, 6-8 people- $80/person, * 9-12 people- $60/person, Additional digital images- $25 person. The Photographer will provided the final edited photos through an online portfolio gallery link that will be password protected. The Photographer and Client will confirm the total number of hours and final price prior to any payment. If the Client wants the Photographer to provide additional time/services, then the additional time will be calculated in the final invoice or agreed upon price. Dwan Miller Photography, LLC will inform the Client when services are completed and if the photographer stays longer, the photographer will not charge the Client any additional charges. 

RETAINER/DEPOSIT: At the time of booking, a non-refundable retainer/deposit of $50 ($75 for events) is required by the Client to reserve and secure the date/time of the agreed upon session. The retainer/deposit will be applied towards the total amount billed and the remaining balance is due no later than prior to the service/session date. The retainer/deposit may vary and fluctuate depending on the services requested. 

TRAVEL FEES: If the Photographer has to travel to a location that incurs "toll booth" fees, these fees will be included inside of the final bill. No traveling fees will be applied if services are within a 50 mile radius of Manhattan, Kansas. Any services, where Dwan Miller Photography, LLC has to travel over the 50 mile limited radius, there will be a 55 cents a mile additional charge applied to the invoice/final bill. 

PAYMENT OPTIONS: Acceptable payment options are can be provided in two different forms: Option 1: Cash, Check and or swiped Debit/Credit Card or Option 2: Touchless- CashApp, Venmo, Apple Pay and or the photographer can send an electronic invoice. 

GALLERY DELIVERY: DWAN MILLER PHOTOGRAPHY, LLC will choose the best images and images of quality to be delivered to the Client. DWAN MILLER PHOTOGRAPHY, LLC may give the Client the option to review unedited photos from the session, which may/will be watermarked. The Client is not permitted to be shared through any means, to include but not limited to: screen shooting from a mobile device or computer, shared on social media, shared by email, text message, direct message or instant message. Images will be watermarked and displayed on an online gallery within 2-3 weeks of the date of services. At that time, the Client may choose the pre-discussed amount of photos to be delivered from the gallery. The photos will then be edited and released to the Client. The online gallery will be available for 60 days after the final edited images are delivered and can be shared and will be password protected. 

EDIT REVISIONS: The Client will only be allowed two (2) re-edits/revisions of edited images. Skin retouching is included on all images; however, for additional skin retouching, liquefying, removing of objects and in-depth editing- additional charges will be applied. 

RESCHEDULING/CANCELLATION: If the Client needs to reschedule or cancel their appointment, they must contact the Photographer prior to 24 hours of the agreed upon session date. Contacting the Photographer prior to 24 hours will allow the nonrefundable deposit to be transferred to a rescheduled future date/time. If the Client fails to contact DWAN MILLER PHOTOGRAPHY, LLC prior to the 24 hours policy, the non-refundable retainer/deposit will not be applied to the next requested/scheduled photography session. The Client will have to pay another non-refundable deposit fee to book a future session. If a COVID-19 (or similar sickness) related issue occurs, within the 24 hours policy, the Client will be allowed to reschedule to a future date; however, if the Client requests to cancel the appointment with no requested future date, the deposit will still remain non-refundable. Clients are only allowed to request a total of 2 request to reschedule their original appointment session. On the third request another deposit fee will be required. 

ASSOCIATED COSTS: There may/will be associated cost that could be applied in addition to the client’s final bill: mileage/travel fees if services are outside of the authorized mile radius of Manhattan, Kansas; tolls both to and from location (if applicable); parking fees (if applicable); photography access/permit fees (if applicable) and overnight lodging (if applicable). These costs may/will be included in the final total cost of services. 

AGREEMENT SECTION: The amount agreed upon between the Photographer, DWAN MILLER PHOTOGRAPHY, LLC and the Client, covers the Photographer's time, talent, proofing, editing and anything else required to complete services requested. It cannot be changed or altered by any means. This contract is based on DWAN MILLER PHOTOGRAPHY, LLC's current pricing at the time of booking. Prices are subjected to change; pricing is periodically adjusted and future services shall be charged at the prices in place at that future date/time. It is understood that DWAN MILLER PHOTOGRAPHY, LLC is the exclusive photographer retained to perform photographic services requested as per this agreement and contract. No other photographer is permitted to take photos at the time of session, to include but not limited to: hobbyists, family, friends, etc, unless expressed permission is given and granted by DWAN MILLER PHOTOGRAPHY, LLC. 

EXTENUATING CIRCUMSTANCES: In the event of an extenuating (Death, Accidental Injury, Weather or etc.) circumstance on DWAN MILLER PHOTOGRAPHY, LLC's part, DWAN MILLER PHOTOGRAPHY, LLC will find and hire an alternative photographer or reimburse any amounts paid by the Client, including the retainer/deposit. DWAN MILLER PHOTOGRAPHY, LLC will not be held liable for services not rendered. In the event of extenuating circumstances on the Client's part, DWAN MILLER PHOTOGRAPHY, LLC reserves the right to use discretion as to refunding any amounts paid. 

LIABILITY: If the Photographer, DWAN MILLER PHOTOGRAPHY, LLC cannot perform or complete services outlined in this contract, in whole or part due to an emergency, casualty, injury, technical malfunctions, acts of God, extreme nature, terror and or discomfort (including but not limited to inappropriate behavior by participating parties), or other cause beyond the control of the parties due to further liabilities with respect to this agreement, no liability or responsibility will be held by DWAN MILLER PHOTOGRAPHY, LLC. This limitation of liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or memory card malfunction, lost in the mail, damaged while printing or otherwise lost or damaged with fault on the part of the Photographer. DWAN MILLER PHOTOGRAPHY, LLC is not liable for any injuries incurred by the Client or participating parties during time of service/session.

PHOTO/IMAGE LICENSE AGREEMENT & PRINT RELEASE: The digital images that are being provided to you are licensed copies for any reasonable business (es) and professional purposes, including but not limited to: printing, advertising and marketing (window/build-board display, financial profit, commercial use and hardcopy or website publication. Licensor, DWAN MILLER PHOTOGRAPHY, LLC, warrants that they retains all intellectual property rights in Photo images, including the sole copyright to the Photo images. Therefore, Licensor, DWAN MILLER PHOTOGRAPHY, LLC, is entitled to grant the license to use Photo images described in this Agreement and confirm that this Agreement does not infringe intellectual property rights of third parties. Licensee, the CLIENT, shall not assign, sublicense, transfer, or otherwise convey Licensee's rights or obligations under this Agreement without Licensor’s, DWAN MILLER PHOTOGRAPHY, LLC, prior written consent. Licensee shall indemnify and hold harmless Licensor against all liability, costs, and expenses, including but not limited to a reasonable attorneys' fee, arising out of or in connection with claims relating to an attempted assignment, sublicense, transfer, or other conveyance of Licensee's rights and obligations. This agreement does not have a termination date, therefore, the license is for an indefinite timeframe. 

Your purchase of the original files releases DWAN MILLER PHOTOGRAPHY, LLC from any liability due to loss or damage of the images, and also releases the photographer from any obligation to maintain copies of any digital file, image, or photograph. DWAN MILLER PHOTOGRAPHY, LLC may revoke this license at any time and for any reason. DWAN MILLER PHOTOGRAPHY, LLC retains all copyrights to the images and derivative works thereof. By using any of these images, you are agreeing to the above terms. This contract acts as permission to allow the Client the right to print copies of these images at a print store, lab or by using a personal printer. 

COPYRIGHT NOTICE: It is illegal to copy or reproduce images elsewhere without DWAN MILLER PHOTOGRAPHY, LLC's permission and consent. Violations of the Federal Law will be subject to its civil and criminal penalties. All photographs, both on DWAN MILLER PHOTOGRAPHY, LLC's website, social media pages/profiles and places of advertisement including all proofs and purchased prints are copyrighted. Reproduction of any image by any means, including copying, re-printing, screen captures/screenshots and other means of print reproduction are strictly prohibited and are a violation of copyright law. 

Thank you for trusting us with providing you with your photography needs. We look forward with working with you and helping capturing your memories. Please let us know if you have any questions or concerns.