Portrait Session Contract (model waiver)

This Photography Agreement is between Within The Wild LLC, hereinafter referred to as the "Photographer", operating in the state of South Carolina, and the signers of this photography agreement, hereinafter referred to as the "Clients", with the photo session detailed below.

Participants

Photographer: 

Within The Wild LLC by Haley Cummins

info@withinthewildsc.com

Client:

Client Name

client@client.com

Event Details

session type

date

location

Agreement

Overview: This contract is the full and complete agreement between the Photographer and the Client. It replaces any previous or other agreements between us. Any changes or additions must be made in writing and signed by both parties. If one part of this agreement is waived, it doesn’t mean the rest is waived too. A waiver is only valid if it’s in writing and signed by the person it affects.

Fees and Payment: The Client agrees to pay the Photographer the fees outlined in this section, including any applicable federal, state, or provincial taxes.

  • Total Fee for Services: ($$$)

  • Retainer due upon signing: ($$$)

  • Remaining amount due on (Final Due Date): ($$$)

Change of date or location: The Client must let the Photographer know right away if there are any changes to the session date, time, or location—at least 5 days before the scheduled session. Changes can be shared by phone, but must also be confirmed in writing by email or text message. The Photographer will reply to confirm receipt. It’s the Client’s responsibility to double-check and confirm all session details with the Photographer no later than 5 days before the session. If your address, contact info, or session time changes, you must notify the Photographer.

The Photographer kindly asks that the Client get in touch with the Photographer 5 days prior to the date of the event in order to touch base and go over last minute details. The Photographer will make every effort to contact the Client, but it is the Client’s responsibility to contact the Photographer to confirm all events and times.

Retainer: A non-refundable retainer of (price) is required to book and hold your session date. No date is secured until the retainer is paid. If the session is canceled or the agreement is broken by the Client, the retainer will be kept as compensation for the Photographer’s time and loss. The retainer goes toward your total session cost. The remaining balance is due before or on the day of the session. If the final payment isn’t received, the Photographer is not obligated to attend or perform the session.

Cancellation: The retainer is non-refundable once this agreement is signed and your session date is reserved.

If the session is canceled within 5 days of the scheduled date, the full remaining balance is still due, as it’s unlikely the Photographer will be able to rebook that date on short notice.

Once any payment beyond the retainer is made, it is also non-refundable.

All cancellations must be submitted in writing, even if you call to notify the Photographer. Any exceptions or changes must be discussed and agreed to in writing by both parties.

Cooperation and Responsibility: The Client agrees to open and friendly communication to help create the best possible experience and images. Because portrait sessions are often fast-paced and time-sensitive, the Photographer cannot guarantee that every requested image will be captured.

The Photographer is not responsible for missed photos due to weather, scheduling conflicts, late arrivals, uncooperative participants, or location restrictions. While the Photographer will do their best to accommodate any photo requests, submitted shot lists are for guidance only and not guaranteed.

If there are specific people you want photographed, it's the Client’s responsibility to point them out during the session. The Photographer is not responsible for missing photos of individuals if there’s no help in identifying or gathering them.

Clients are responsible for any location fees or required permits.

Copyright, Image Use & Model Release

All photographs created by the Photographer are protected under U.S. Copyright Law (U.S.C Title 17) and remain the property of Within The Wild LLC. The Client does not own or have rights to reproduce, edit, or share the images in any way until full payment is received.

Once full payment is made, the Client is granted a limited license to use the final digital images for personal use only. This includes printing and sharing with friends and family. The Client may not sell, alter, or use images for commercial purposes, including business promotion, without the Photographer’s written permission and a separate licensing agreement.

Images may be posted online for personal use if proper credit is given. This includes tagging @within.the.wild on Instagra, Facebook, or TikTok and including the business name clearly in the caption.

Under no circumstances may the Client give images to other vendors or businesses for use in their marketing or promotional materials. Any vendors wishing to use images must obtain written permission and negotiate commercial licensing with the Photographer.

The Client agrees to take reasonable steps to prevent unauthorized use or distribution of the images, including not providing them to others for business or marketing use.

Model Release (Restricted Use)
The Client does not grant the Photographer permission to share, publish, or display any recognizable images from the session unless otherwise specified in writing. The Photographer agrees to respect the Client’s privacy and not post or publicly share any images unless the Client grants express, written permission.

However, the Client may choose to allow limited image use under the following optional terms (Client may initial or check one or more):

  • ☐ The Photographer may post photos only after receiving written approval from the Client for each individual image.

  • ☐ The Photographer may post images that do not include the Client’s face or any identifying features.

  • ☐ The Photographer may share detail or anonymous shots (such as hands, silhouette, back view, etc.) with the Client’s approval.

  • ☐ The Photographer may use images for private portfolio use only (such as showing potential clients in person, not posted publicly).

  • ☐ No images from this session may be shared under any circumstances.

These permissions, if granted, are voluntary and can be revoked at any time in writing. The Photographer welcomes and respects all privacy boundaries and will work collaboratively with the Client to ensure comfort and trust.

Minor Consent: This section applies only if minor child(ren) will be included in the photography session. If no children are being photographed, this clause may be disregarded.

By signing below, the Client affirms that they are the parent or legal guardian of any minor child(ren) participating in the session and that they have full legal authority to consent on behalf of the child(ren). The Client grants the Photographer permission to photograph the minor child(ren) and consents to the use of their images as outlined in this agreement, including but not limited to portfolio display, website galleries, social media, and marketing materials. The Photographer agrees to use the images professionally and respectfully. The Client releases the Photographer from any and all claims related to the lawful use of these photographs.

Final Delivery of Images: The Photographer will deliver a high-resolution online gallery of final, edited images within 2 weeks of the session. All final images are chosen and edited at the Photographer’s discretion. RAW files will not be provided.

The Client is responsible for downloading, backing up, and preserving the delivered images. The Photographer does not guarantee permanent storage of files. RAW files are only kept for 3 days after final images are delivered. Any questions about missing images must be made within that time. The Photographer is not liable for any images not included in the final gallery or for any loss of images after delivery.

Exclusive photographer: The Photographer (and any assistants they hire) will be the only professional photographer(s) hired for the session. Friends, family, or other individuals may take photos as long as they do not interfere with the Photographer’s work. At times, guests may be asked to pause flash photography to ensure proper lighting and image quality.

Expenses: Any travel-related costs (like parking or destination fees) are the Client’s responsibility and will be added to the final balance if not already included in the initial invoice. Clients are also responsible for any location fees or permits required for the session.

Garments: The Photographer is not responsible for any damage to clothing caused by weather, nature, or the environment during the session. It is the Client’s responsibility to arrange any help needed with outfits or wardrobe changes.

Creative License: The Photographer will select and edit images at their own professional and artistic discretion. Not all images taken during the session will be delivered. Only images that meet the Photographer’s quality and creative standards will be included in the final gallery.

Late Arrival: Clients are expected to arrive on time for their scheduled session. If the Client is late, the session time will not be extended, and the Photographer is not responsible for any missed photos due to the delay. If the Client is more than 15 minutes late without notice, the session may be canceled at the Photographer’s discretion and the retainer will be forfeited. Please communicate any delays as early as possible.

Unforeseen Events (Force Majeure): If something happens beyond the Photographer’s control—such as a natural disaster, accident, emergency, road closures, severe weather, illness, or other unexpected events—that prevents them from fulfilling this agreement, the Photographer will return any retainer paid and deliver only the images that meet professional and artistic standards.

Non-Disparagement: The Client agrees not to post or share any false, harmful, or intentionally negative comments about the Photographer or Within The Wild LLC in public places like social media, reviews, or blogs. Honest feedback is always welcome and can be shared directly with the Photographer. If any concerns or issues come up, both parties agree to try resolving them privately before posting publicly.

Product and Services

Total Session Price: ($$$)

Deposit Paid: ($$$)