1. Definitions

• Photographer: Refers to Eric Fromson, operating under Eric Fromson Photography, including his employees, affiliates, and contractors.

• Client: Refers to the individual(s) or entity booking and receiving the photography services.

• Session/Event: The scheduled date, time, and location for the photography services.

• Images: Refers to all photographic materials, including, but not limited to, proofs, prints, digital files, and any other medium containing the photographic content created by the Photographer.

• Usage License: The specific permissions granted to the Client to use the Images.

2. Booking, Payments, and Confirmation

• Retainer: A non-refundable, non-transferable retainer of 35% of the total package price is required to secure the booking. The retainer covers the Photographer's time and resources in preparing for the Session and holds the date, making it unavailable to other clients. Under no circumstances will this retainer be refunded, regardless of any cancellation or changes by the Client.

• Payment Schedule: The remaining balance is due at least 3 days prior to the Session/Event. Payments may be made via bank transfer, credit card, check, or cash.

• Late Fee: A late fee of 50% per month will be applied to all overdue payments. The Photographer reserves the right to withhold all services, including the delivery of images, until the full balance, including late fees, is paid.

• Pricing: All prices are subject to change without notice. The package price is confirmed only upon payment of the retainer and signing of this agreement. Additional services or products requested after booking will be billed at the current rate.

• Taxes: All applicable sales taxes, duties, and levies will be added to the final invoice.

3. Cancellation, Rescheduling, and Force Majeure

• Cancellation by Client: If the Client cancels the Session/Event, the retainer is forfeited. If cancellation occurs within 7 days of the Session, the Client will be held liable for the full amount of the booking, as the Photographer is unlikely to rebook the time slot on such short notice. Payments are non-refundable and will not be returned to the Client.

• Rescheduling: The Client may request to reschedule a Session once, with a minimum of [Number] days' notice, subject to the Photographer's availability. Any subsequent rescheduling requests will require a new retainer.

• Force Majeure: In the event the Photographer is unable to perform services due to unforeseen circumstances beyond their reasonable control (e.g., illness, accident, natural disaster), the Photographer will make every effort to find a suitable replacement. If a replacement cannot be found, all payments made by the Client will be applied as credit towards a future session, valid for one year. The Photographer will not be liable for any further compensation.

4. Capture, Editing, and Artistic Release

• Creative Control: Eric Fromson retains complete creative control over the aesthetic and technical aspects of the photography. This includes decisions on what to photograph, how to pose subjects, and which images to select for editing and final delivery.

• Editing: The Photographer performs professional post-production and editing. The Photographer is not obligated to deliver unedited, raw, or culling images. Additional or advanced retouching requested by the Client may incur an extra charge.

• Artistic Style: The Client agrees that they are hiring Eric Fromson for his unique artistic style and vision. Inconsistent style requests after the booking may not be accommodated.

• Gallery Delivery: An online gallery of selected and edited Images will be delivered within 30 business days of the Session. The number of images delivered will align with the booked package.

• Image Archiving: The Photographer will archive the final Images for [Number] days after delivery. It is the Client's responsibility to download and back up their images within this period.

5. Comprehensive Copyright Ownership, Licensing, and Enforcement

• Copyright Ownership: All intellectual property rights, including the full copyright in all Images created, remain the exclusive property of Eric Fromson as the creator and author of the Images. Copyright is automatically granted to the Photographer from the moment an image is created and is protected under U.S. Federal Copyright Law. The Client's payment for services covers the Photographer's time, skill, and creative effort, not the transfer of copyright ownership.

• Client's Limited Personal Usage License: The Client is granted a non-exclusive, non-transferable, and limited license for personal, non-commercial use of the final Images. This license permits the Client to:

  • Reproduce and print the Images for personal display (e.g., albums, wall art) for themselves and their family and friends.

  • Share the Images on social media, provided that Eric Fromson is credited.

  • This license does not grant the Client permission to sell, distribute, or otherwise profit from the Images.

• Prohibited Uses and Enforcement: Any unauthorized use, reproduction, alteration, or distribution of the Images is a direct violation of U.S. Federal Copyright Law and will be pursued vigorously. Prohibited uses include, but are not limited to:

  • Commercial Exploitation: Using the Images for any commercial, promotional, or advertising purpose, including use by third-party vendors (e.g., event planners, venues) without a separate commercial license from Eric Fromson.

  • Modification: Cropping, resizing, applying filters, or otherwise altering the Images without the explicit written consent of Eric Fromson.

  • Sale or Transfer: Selling, gifting, or transferring the Usage License or the Images to any third party.

  • Removal of Identification: Removing or altering any watermarks, copyright notices, or metadata from the Images.

• Commercial Licensing: Any commercial use of the Images requires a separate, written commercial license agreement from Eric Fromson, with specific terms negotiated and agreed upon.

• Infringement Penalties: Any usage of Images without prior written permission or exceeding the scope of the granted license will be invoiced at three times the Photographer's customary fee for such usage. In the event of continued infringement, the Photographer reserves all rights to pursue legal action, including claims for statutory damages and legal fees, in federal court.

6. Model Release

• Standard Release: The Client hereby grants Eric Fromson the irrevocable and perpetual right and license to use and publish the Images in any and all media for purposes including, but not limited to, portfolio display, advertising, website, social media, and competition entries.

• Private Image Request: The Client may request that their images remain private and not be used for promotional purposes. This request must be made in writing and may be subject to an additional fee.

7. Client Responsibility

• Cooperation: The Client agrees to cooperate with the Photographer during the Session and acknowledges that the final outcome depends on this cooperation.

• Permits and Access: The Client is responsible for securing any necessary permits, releases, or permissions for the photography at specific locations or venues.

• Timeliness: The Client is responsible for arriving on time and prepared for the Session. Tardiness may result in a reduced shooting time.

• Property: The Client is responsible for their own property and acknowledges that the Photographer is not liable for any lost or damaged items during the Session.

8. Limitation of Liability and Indemnification

• Technical Failure: While Eric Fromson takes reasonable precautions to prevent technical failure, he is not liable for the loss or damage of Images due to technical failures (e.g., memory card failure, equipment malfunction) beyond his reasonable control.

• Personal Injury: The Client agrees that Eric Fromson is not liable for any personal injury or damage sustained during the Session. The Client enters the Session at their own risk.

• Indemnification: The Client agrees to indemnify and hold harmless Eric Fromson from any and all claims, damages, liabilities, costs, and expenses arising from the use of the Images, including any claims related to privacy or publicity rights.

9. Governing Law

• This agreement shall be governed by and construed in accordance with the laws of the State of Maryland. Any disputes arising from this agreement shall be resolved in the courts of Montgomery County, Maryland.