This is an example of the contract for the free engagement session.

I truly hate the legal side of running a business but it is a necessary step in any shoot I do… I make my friends and family sign contracts as well. The black text is the language from the contract and the red text is my explanation of each section. The red explains the contract section below each red paragraph.

If you have questions about any part of the contract please do not hesitate in contacting me to further explain a section. adam@epochmoment.com or text 719-306-4107


Epoch Moment Photography
Contract for (Free) Engagement Photography


Epoch Moment Photography
Adam Hebert | Owner & Photographer
epochmomentphotography.com
adam@epochmoment.com
719-306-4107

Fill out this section below with your information and the information of your fiancé. Some are required while a few are optional.

Client (Primary): 
Name: 
Address: 
City: 
Zip Code: 
Phone: 
Email: 

Client (Secondary):

Name: 
Address: 
City: 
Zip Code: 
Phone: 
Email: 

Review this section below to verify that everything we spoke about for the engagement session is mentioned here. This is what I will deliver when finished with your photos. Also verify that the price reflects a $00.00 total.

Epoch Moment (Free) Engagement Package:

  • Complimentary engagement session
  • Multiple locations, wardrobes, OK
  • All included images edited and ready for printing/sharing
  • Web-gallery for sharing online, ordering prints, and digital download in web and full resolution.
  • Digital Download of an estimated 50+ images within 4 to 12 weeks after session date
  • Web-gallery for sharing online, ordering prints, and digital download in web and full resolutions.
  • Gallery prints available at Epoch Moment Photography’s lab cost
  • Perpetual print/rights release license for all photos
  • Should the CLIENT hire the PHOTOGRAPHER and sign a wedding contract before December 31st 2019 CLIENT will receive $500.00 off the price of an Epoch Wedding Package (Currently priced at $3448) Package details at epochmomentphotography.com/packages

Total Package Price: $00.00

Legal notice of when I drafted the contract and explains the language of CLIENT (you), PHOTGRAPHER (me), and EVENT (the session).

This Agreement is made effective for all purposes in all respects as of ___April 4th__, 2019 by and between Epoch Moment Photography, hereinafter referred to as “the PHOTOGRAPHER” and ___*Primary Client and/or Secondary Client as listed above*___, hereinafter referred to as “The CLIENT(S)” relating to the event(s) detailed below, hereinafter referred to as “The EVENT(S).

ENTIRE AGREEMENT: This agreement contains the entire understanding between the PHOTOGRAPHER and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.

No payments due at any time before, during or after the session. 

PAYMENTS: No payments, this is a complimentary session. Gratuity welcome but not necessary.

The contract must be signed before I can lock in a date on the calendar.

RESERVATION: A signed contract is required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled for any reason the CLIENT and PHOTOGRAPHER will select a new date at the earliest availability.

If you need to change the scheduled date for any reason you can… just let me know and we will find the next best date for all of us.
In the unlikely event that a contracted wedding client requests your selected date for their wedding I will move your engagement session to the next available date that you agree on. 

EVENT SCHEDULE: Notification of any changes in schedule or location should be made in a timely manner and confirmation of receipt must be obtained from the PHOTOGRAPHER by the CLIENT. PHOTOGRAPHER can cancel the EVENT date in the event of a contracted wedding client requesting the EVENT date. All other paying clients will be schedule around the selected CLIENT EVENT date.

Basically, if you are super mean or threatening I can call the day and walk. This is one of those things that has never happened but had to be included just in case.

SAFETY: The PHOTOGRAPHER reserves to right to terminate coverage and leave the location of the EVENT(S) if the PHOTOGRAPHER experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer from the PHOTOGRAPHER is in question.

TRAVEL EXPENSES IN COLORADO: For all EVENT(S) in Colorado, there are no mileage or travel fees.

Responsibilities and venue/location limitations refers to two things… One I will try to get every shot but sometimes mother nature or venues/locations simply won’t allow it. AS a business I have to some-what follow the rules of the locations and venues. 

RESPONSIBILITIES: The PHOTOGRAPHER is not responsible for compromised coverage due to causes beyond the control of the PHOTOGRAPHER including but not limited to no-show or lateness of the CLIENT, weather conditions, schedule complications, incorrect addresses provided to the PHOTOGRAPHER, rendering of decorations, or restrictions of the locations.

VENUE & LOCATION LIMITATIONS: The PHOTOGRAPHER is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the PHOTOGRAPHER. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the PHOTOGRAPHER will offer technical recommendations only.

This simply states that if we go to a location like Pikes Peak which charges by the vehicle to drive up the mountain, you will cover that cost either at the time of entry of afterwards. It also refers to locations like Rock Ledge Ranch which now requires a permit to photograph there. 

PERMITS & LOCATION FEES: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the PHOTOGRAPHER will be performing services. If there are any costs/fees associated with the location(s) the CLIENT has chosen for their session the CLIENT will be responsible for paying those fees.

I retain copyrights to all photos and video I take but you will have a perpetual print and usage release. You can download, share, and print the photos as much as you want for as long as you want. The only real limits I add are submitting the photos to publications (magazines or stock photography websites and the like) and entering the photos in contests… If you’d like to do any of that just let me know and we’ll talk about it.

FILM & COPYRIGHTS: The photographs produced by the PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the PHOTOGRAPHER’s explicitly written permission. The CLIENT has purchased a “Digital or Physical copy” from the PHOTOGRAPHER with limited print and usage rights of the resulting images transferred to the CLIENT upon final delivery. The PHOTOGRAPHER grants the CLIENT permission to share the images on social networking websites, with family and friends, and on vendor websites as long as the images remain unaltered and textual credit is explicitly given to the PHOTOGRAPHER under Epoch Moment Photography, www.epochmomentphotography.com, and Adam Hebert. The CLIENT must obtain written permission from the PHOTOGRAPHER prior to publishing, entering into contest/competition, or selling the photographs.

This is the largest section that basically allows me to use the photos in my marketing on my company website and social media. In the case I was publishing beyond my company such as magazine publications or industry related websites I will contact you first for your expressed permission.

MODEL RELEASE: Client, including all persons involved in or participating in this EVENT as an adult or a minor acting under the expressed authority and permission of CLIENT, hereinafter referred to as “the PARTY,” for good and valuable consideration, the receipt of which is acknowledged, hereby grants to Epoch Moment Photography the unrestricted right and permission to copyright and/or use, and/or publish photographic portraits, video or pictures of the CLIENT and the PARTY, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which CLIENT and PARTY may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, in any media for advertising or any other lawful purpose relating to the business and promotion Epoch Moment Photography or its affiliated companies.

CLIENT and PARTY waives any ownership and publication right they might be entitled of in connection with the photographs from the session, with the exception of the personal use and rights of the photographs as defined by PHOTOGRAPHER in a Limited Print Release. CLIENT and PARTY agree they have no right to sell, alter, license or publish any of the Pictures to any person or entity without the written and expressed permission of PHOTOGRAPHER.

CLIENT hereby release, discharge, and agree to save harmless and defend Epoch Moment Photography, his/her legal representatives or assigns, and all persons acting under his/her permission or authority or those for whom he/she is acting, from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or violation of any right of publicity or privacy.

CLIENT hereby warrants that he/she is of full age and have every right and permission to contract for the CLIENT and PARTY in the above regard. CLIENT states further that they have read the above authorization, release, and agreement, prior to its execution, and that CLIENT is fully familiar with the contents thereof and that the photography session was conducted in a completely proper and highly professional manner, and this release and contract was willingly signed.

This release shall be binding upon the CLIENT and PARTY, and their respective heirs, legal representatives, and assigns.

The CLIENT hereby assigns the PHOTOGRAPHER the irrevocable and unrestricted right to use and publish photographs of the CLIENT and PARTY or in which the CLIENT and/or PARTY may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images.

I will drag a broken leg to make a scheduled shoot but in the extremely rare case that I die on the way or fall in a lake and the files get destroyed I am only liable for the money you have invested into this session (ie; gas money, location fees, etc)

LIMIT OF LIABILITYIn the unlikely event that the assigned photographer from the PHOTOGRAPHER is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the PHOTOGRAPHER, the PHOTOGRAPHER will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).

In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the PHOTOGRAPHER’s control, including but not limited to camera, hard drive, or equipment malfunction, the PHOTOGRAPHER liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The PHOTOGRAPHER is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package.

ARBITRATION: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Colorado or another location mutually agreeable to the parties. If a mutual agreement regarding location can not be reached all claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Colorado. An award of arbitration may be confirmed in a court of competent jurisdiction.

Capture and delivery refers to the point that I will take a lot of photos throughout the day but I will only deliver what I think are the best of the best. I set a minimum of 50 photos and you won’t get less but you won’t get the couple thousand images I take on the shoot… nor do you want all of those photos.

CAPTURE AND DELIVERY: The PHOTOGRAPHER is not liable to deliver every image taken at the EVENT. The determination of images delivered to the CLIENT is left to the discretion of the PHOTOGRAPHER. The PHOTOGRAPHER will deliver images in Jpeg format only, no RAW files or original files will be given.

This is a re-assertion of the time-frame for delivery. I can generally deliver fast and earlier than the 4 weeks but I have to leave myself room for those times when I have 5 or 6 weddings on my plate on top of any engagements, families, etc shoots. I’ll have a preview up within a few days of the shoot and the full gallery as soon as possible. 

GUARANTEED DELIVERY PHOTOGRAPHER agrees to have the contracted order for the session completed within a reasonable period of time from the EVENT date. Generally the Client’s images will be available for viewing and/or delivered within 4 to 12 weeks of wedding date (or earlier). Additional time may be needed for some or all photos/products based on the selections made by the CLIENT.

I generally edit in my style similar to the photos in my portfolio, but I do understand that there may be a selection of your favorites that you want to see in black and white or need something removed from the background, or cleaned a bit… Please do not hesitate in asking me to make your gallery your ideal set of images. 

POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the discretion of the PHOTOGRAPHER. CLIENT may request re-edits on ten (10) photos at no additional costs. Additional re-edit requests that were not at fault of the PHOTOGRAPHER error above ten (10) photos may be subject to a re-editing fee of $10.00 per photo.

The gallery will stay up for at least 60 days and then be removed from my servers as I need space for new clients. You have 60 days to download, share, and order prints at cost. After that the gallery may be removed at any time. I usually keep an archive of all of my sessions and weddings so the chances are good that I will have a copy should something happen to your set in the future… But I cannot guarantee that archival copy for several reasons. 

ARCHIVE: All images will be available in the online gallery for sixty (60) days following CLIENT viewing date or delivery date of the final package. After sixty (60) days, all images will be purged from PHOTOGRAPHER’S hard-drive, except as needed for promotional purposes, to be determined by PHOTOGRAPHER at PHOTOGRAPHER ‘S sole discretion. The PHOTOGRAPHER does NOT guarantee archival of the digital files passed a period of sixty (60) days after delivery of the final package and is not responsible for loss or damage to the digital files due to circumstances beyond PHOTOGRAPHER ‘S control.

If all or part of the CLIENT photos need to be re-uploaded to an online gallery after the sixty (60) days has expired and if the PHOTOGRAPHER has an archived copy of the photos there is a $100.00 charge for time and storage space to re-upload the photos to an online gallery.

Prints in the gallery are priced at the lab costs… So if the lab charges me $2.00 for a specific print, you pay $2.00 for that same print. I do this to encourage you to use my professional print lab which offers a far superior product than local print labs like Walmart or similar.

ORDERING PRINTS & PRICINGPrints or merchandise not included in this initial contract will be priced at the current lab prices when the order is placed. All print and product prices are set by a third-party lab and prices are subject to change at any time without notice.

For custom design and special requests: No prints or product will be designed or delivered until payment has been delivered in full.

Prints and products ordered directly from the online gallery are NOT verified by the PHOTOGRAPHER and are being ordered directly through the PHOTOGRAPHER’s lab.

Any questions with ordering can be directed to adam@epochmoment.com or text 719-306-4107

I have read and understood the terms above. I hereby agree to the terms of this agreement.