I_________________________________ do hereby give Houston Professional Photography/Rome wilkerson assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use my name (or any fictional name), picture, portrait, or photograph in all forms and in all media and in all manners, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium) for advertising, trade, promotion, exhibition, or any other lawful purposes, and I waive any right to inspect or approve the photograph(s) or finished version(s) incorporating the photograph(s), including written copy that may be created and appear in connection therewith. I hereby release and agree to hold harmless the Photographer, his assigns, licensees, successors in interest, legal representatives and heirs 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 the photographs, or in any processing tending toward the completion of the finished product, unless it can be shown that they and the publication thereof were maliciously caused, produced, and published solely for the purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn, and indignity. We agree that the Photographer owns the copyright in these photographs and I hereby waive any claims I may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel. I am of full age and competent to sign this release. I agree that this release shall be binding on me, my legal representatives, heirs, and assigns. I have read this release and am fully familiar with its contents.
Proofs prints of published works and other valuable consideration, receipt of which is acknowledged.
Signed: ______________________________________ Signed: ___________________________________
Address: ____________________________________ Address:______________________________________
Houston Professional Photography
Client______________________________________ Telephone Number _____________
Description of Photographic Services to be provided:
1. Schedule. The Photographer shall complete the services pursuant to the following schedule: _______________________
Charges. The package fee is based on the Photographer’s Standard Price List and includes the photographs described therein.
If the fee is not based on a package but is a session fee, all photographs shall be billed in addition to the fee
and in accordance with the Standard Price List. In addition to either the package fee or the session fee, the
extra charges set for below shall be billed if and when incurred.
Package ___________________________________________$ _______
Hourly Rate $_______ @____ Hours.…………………………$________
Special retouching ………………………………… $________
Less Deposit $________
Balance Due $________
The parties have read this Agreement, agree to all its terms, and acknowledge receipt of a complete copy of the Agreement signed
by both parties.
Client____________________________________ Date__________ Photographer ___________________________ Date__________
• Any payments that are made by check will be charged a $50.00 if the check is returned. _______
• The photographer owns the rights to the photos. He has the right to post the photos in any portfolio
in a professional manner. ________
TERMS AND CONDITIONS:
1. Deposit and Payment. The client shall make a deposit to retain the Photographer to perform the services specified
herin. At such time as this order is completed, the deposit shall be applied to reduce the total cost and client shall pay
the balance due. If the client refuses delivery of the order or refuses to pay within thirty (30) days of this order,
client shall be in default hereunder and shall pay 10 percent interest on the unpaid balance until payment is made in full.
2. Cancellation: If the Client shall cancel this Agreement 30 or more calendar days before the session date, any deposit paid
to the photographer shall be refunded in full. If client shall cancel within 10 days of the session date and if the photographer
does not obtain another assignment for that time, liquidated damages shall be charged in a reasonable amount not to exceed the deposit.
3. Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews
shall be the exclusive property of the Photographer. The photographer shall make proofs and previews available to the client for the
purpose of selecting photographs, but such proofs and previews shall be on loan and, if they are not returned within fourteen
(14) days of receipt by the client, shall be charged to the client at the same rate as finished prints of the same size.
The photographer may, with the client's permission, make the proofs available on a website or CD-ROM.
4. Copyrights and Productions. The photographer shall own the copyrights in all images created and shall have exclusive
right to make reproductions. The photographer shall only make reproductions for the client or for the photographer’s
portfolio, samples, self promotions, entry into photographic contests or art exhibitions, editorial use, or for display
within or on the outside of the photographer’s studio. If the photographer desires to make other uses, the photographer
shall not do so without first obtaining permission of the client.
5. Client’s Usage. The client is obtaining prints for personal use only, and shall not sell said prints or authorize any
reproductions thereof by parties other than the photographer. If client is obtaining a print for reproduction, photographer
authorizes client to reproduce the print only as set forth under special usage requirements on the front of this form. In
such event, client shall request that a credit for the photographer be placed adjacent to the photograph on publication,
but shall have no liability if the publication refuses or omits to do so.
6. Failure to Perform. If the photographer cannot perform this agreement due to a fire or other casualty, strike, act of God
or other cause beyond the control of the parties, or due to the photographer's illness, then the photographer shall return
the 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 even the photographer fails
to perform for any other reason, the photographer shall not be liable for any amount in excess of the retain value of the
7. Photographer. The photographer may substitute another photographer to take the photographs in the event of Photographer’s illness
or scheduling conflicts. In the event of such substitution, photographer warrants that the photographer taking the photographs
shall be a competent professional.
8. Inherent Qualities. Client is aware that color dyes in photography may fade or discolor over time due to the inherent
qualities of dyes, and client releases photographer from any liability for any claims whatsoever based upon fading or
discoloration due to such inherent qualities.
9. Photographer 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 shall be charged at the prices in effect at the time when the order
10. Client's Originals. If the client is providing original prints, negatives, or transparencies owned by the client to the
photographer for duplication, framing, reference, or any other purpose, in the event of loss or damage the photographer shall
not be liable for an amount in excess of $12.00 per image.
11. 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 shall not be deemed a waiver of
a subsequent breach or default of either the same provision or any other provision of this agreement. This agreement shall be
governed by the law of the State of Texas.
Copyrights and Productions. The photographer shall own the copyrights in all images
created and shall have exclusive right to make reproductions. The photographer shall
only make reproductions for the client or for the photographer’s portfolio, samples,
self promotions, entry into photographic contests or art exhibitions, editorial use,
or for display within or on the outside of the photographer’s studio. If the photographer
desires to make other uses, the photographer shall not do so without first obtaining
permission of the client.