Party Known As Photographer:

Hailey Sanders Photography

HaileySandersPhotography@gmail.com

San Diego, California

256-505-2919

Party Known As Client

This agreement is between the Client, whose name and address is listed above, and Hailey Sanders Photography.

Types Of Portrait Sessions

All portrait sessions are $150 aside from the Mini which is $85

 

ANYTIME MINI SESSION - $85

* 30 Minutes Long
* Located In Or Within 30 Minutes Of The Photographers Location
* 5 High-Resolution Images
* A Personalized Viewing And Ordering Gallery

Mini Sessions Can Be Used For Maternity, Individual And Family Sessions Which Include Immediate Family. $25 For Each Additional Person. Option to purchase additional images when you receive your gallery.

 

 

FAMILY OR INDIVIDUAL PORTRAIT SESSIONS

*1 Hour Session Time On Location
*Up To 5 Family Members
*20+ Hand Edited Images Presented In An Online Gallery For Viewing And Ordering
*10 High-Resolution Images With Print Release

 

 

 

FRESH 48

*1 Hour Session At Your Hospital, Home Or Birthing Center
Includes Parent And Sibling Poses
*20+ Hand Edited Images Presented In An Online Gallery For Viewing And Ordering
*10 High-Resolution Images With Print Release

 

 

MATERNITY SESSIONS

Maternity Session Take Place At 34-36 Weeks Gestation. All Maternity Sessions Include:

*1 Hour Session Time On Location
*20+ Hand Edited Images Presented In An Online Gallery For Viewing And Ordering
*10 High-Resolution Images With Print Release
* Significant Other, Siblings and or Surrogate Parents Included. $25 For Each Additional Person.

 

PORTRAIT SESSION ADD ONS:

+5 Images | $200 Total
+10 Images | $250 Total
Full Gallery Download | +$150
1 Hour | +$50
Indoor Studio | +$100
4x6 Professional Prints | +$3 Per Print

Purpose of the Agreement

Client wishes to hire Hailey Sanders Photography to provide services relating to the portrait session as detailed in this Agreement. Hailey Sanders Photography has agreed to provide such services according to the terms of this Agreement.

 

Communication

Parties shall provide effective communication to each other via either of the following methods of delivery at the date and time which the Notice is sent:

Email

Photographer's Email:  HaileySandersPhotography@gmail.com
Client Email:  {emailAddress}

 

Deposit and Retainer

The Client shall remit a non-refundable retainer in the amount of 50% or the balance of the session if less than $50, to the Photographer for performance of the services specified herein. Upon payment and signed contract herein, Photographer will reserve the day of your session. Session retainer will cover the session time, use of props, backdrops, wardrobe, and editing time. This payment is a non-refundable retainer. At a minimum, Client agrees that the retainer fee fairly compensates Photographer for provide the session time, use of props, backdrops, wardrobe, editing time and turning down other potential projects/clients.

Location and Delivery of Services

Vendor shall deliver Services to Client at the following location(s):

{sessionLocation}

 

Delivery of Services

Vendor will provide all Services within 2-3 weeks unless otherwise specified in this Agreement.  Hailey Sanders Photography will edit only the images that they feel reflect their best work and style. Clients will not receive every image taken at their event. The approximate amount of photos a client can expect often varies depending on the amount of hours covered and details related to the event, such as weather.

 
Cost, Fees and Payment

The total cost for all Services is due in full by {sessionDate}.

A personalized online gallery will be provided once your images are ready for viewing, and you will then make your selections based on your package. Option to purchase more than what is listed in your package will be available. Prices are subject to change without notice, but will be honored once this booking is complete.

Cancellation, Rescheduling and No-Shows

Cancellation and No-Shows - If the Client desires to cancel Services, reschedule Services, or if it becomes impossible for the Photographer to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties of the session to show up in a timely manner, Client shall provide notice to the Photographer as soon as possible via the Communications provisions detailed in this Agreement.

The Photographer has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for the Photographer to provide the Services due to the fault of Client (or parties related to Client), and the Photographer will not be obligated to refund any monies Client has previously paid towards the Total Cost. 

Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the session, or should it become impossible for the Photographer to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if the Photographer is able to secure another, unrelated client for session time, then the Photographer may choose, at its sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.  

Rescheduling - In the event of a need for a rescheduled session the first reschedule is complimentary. In the need of a second rescheduled session there will be an additional fee of $15.00 needed to reschedule that session. In the event of a third rescheduled session, there will be an additional deposit needed to retain that date.

Permissions

In the event that certain locations require the acquisition of any special permission[s], the Client has the responsibility to make the Photographer aware of such required permission[s]. Failure to do so may result in Photographer being unable to access the location. Further, failure to do so may result in forfeiture of the non-refundable retainer. Any fees that are associated with such permissions shall be paid by the CLIENT.

Completion Schedule

Completion Schedule. Completion schedules and delivery of products shall be determined from date of final approval by Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.

• Prints shall take 2 weeks from time of print order to be processed and delivered to Client. 
• Albums shall take 4 weeks from date of final design approval by Client to be received by the Photographer. 
• Digital Images shall take 2-3 weeks from event date

Client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of $50 shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.

Photographic Materials

All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until all payment required by this agreement is remitted to the Photographer in full.

In the event the Photographer delivers the gallery via an in-person ordering consultation, the Photographer shall make gallery proofs available through an agreed upon in-person product consultation. These proofs shall be available for viewing by the Client within 15 business days of the photographic event. All orders shall be placed during the in-person consultation.

The Client shall receive a 10% discount for orders placed during the in-person ordering consultation if it is scheduled. Orders after the close of the in-person product consultations are subject to the Photographer’s standard price list at the time of this agreement.

In the event the Photographer delivers the gallery via electronic medium, the Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 2-3 weeks of the photographic event. If an online proofing gallery delivered, it shall remain open for 14 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $50 un-archival fee shall apply. 

Artistic Rights

The Photographer retains the sole right to utilize professional judgment and artistic discretion in selecting the photographic materials released to the client. The Client shall receive a gallery of 20-30 photographs to select from and shall not receive any photographic materials not presented to the Client. 

Artistic Release

Client has spent a satisfactory amount of time reviewing Photographer’s work and has a reasonable expectation that Photographer will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Photographer will use reasonable efforts to ensure Client's desired Services are produced in a style and manner consistent with Photographer's current portfolio and Photogarpher will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

1. Every client and event is different, with different tastes, budgets, and needs;

2. Photographic services are often a subjective art and Photographer has a unique vision, with an ever-evolving style and technique;

3. Photographer will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;

4. Although Photographer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Photographer shall have final say regarding the aesthetic judgment and artistic quality of the Services;

5. Dissatisfaction with Photographer's aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.

Guarantee of Photographic Captures

The Photographer shall make every attempt to capture all photographs requested by the Client within the session, however, there is no guarantee that any particular photograph or pose can be acquired. Client acknowledges and warrants that the photographer shall not be liable for failure to capture any specific photographic image or pose. Client acknowledges and agrees that the number of images delivered shall vary depending upon circumstances including but not limited to the location, permissions, weather and lighting conditions.

Cooperation - Hailey Sanders Photographer is not held responsible for behavior of parties involved with the session. If the desired outcome of your session is jeopardized by the behaviors of parties involved, Hailey Sanders Photography cannot be held responsible. Parties involved include but not limited to: small children, pets, older children and adults.

 

Copyright and Reproductions

The Photographer retains all rights, including all copyrights in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. 

Client Usage

 The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release. 

Social Media

The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify “HAILEY SANDERS PHOTOGRAPHY” in the caption of all photographs uploaded to social media websites and profiles. 

When uploading to a Facebook Social Media profile, the Client shall “tag” the Photographer’s business page in the album of the uploaded files.

Photographs/Videography

The Client shall not engage in photography or videography during the course of the session unless otherwise agreed to by the Photographer. The Photographer listed herein shall be the exclusive and sole photographer covering the session for the Client. A breach of this agreement shall constitute a material breach of this contract and shall obligate the client for the full payment due and shall release the Photographer from any further obligation.

Failure to Perform

If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited. 

Photographer

The Photographer reserves the right to utilize a substitute photographer to perform the services contemplated by this agreement. The client acknowledges and agrees that any substitute photographer shall chosen at the discretion of the Photographer and use of such substitute shall not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. 

Photographer's 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 is placed.

Arbitration

Any controversy or claim arising out of or relating to this contract, or a breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $100. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.

Indemnification

The Photographer shall be held harmless for any and all injury to Client during the course of the photographic event and the immediately surrounding events.

 

Impossibility

Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fufilling or performing any term of the Agreement (except for any obligations to make payemnts to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's control, including, but not limited to, the following force majeure events: (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, infestations), epidemic or pandemic; (c) war, invasion, hostilities (weither war is declared or not), terrorists threats or acts, riot or other civil unrest, (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns of orther industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within 5 days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use dilligent eforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of 5 days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice.

 

Appropriate Conduct / Safe Working Environment

Health and Safety

Client(s) further understand that Hailey Sanders Photography complies with all health and safety laws, directives, and rules and regulations. Client(s) expressly agree(s) that during the session Client(s) and Client(s)' agents shall not be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, Hailey Sanders Photography will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, Hailey Sanders Photography reserves the right to end service coverage immediately and/or leave the session. Hailey Sanders Photography shall be entitled to retain all monies paid and Client(s) agree to relieve and hold Hailey Sanders Photography harmless as a result of incomplete event coverage, or for a lapse in the quality of the Photographers work.

 

Waivers

The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.

Attorney's Fees

If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.​

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 laws of the State of California.

 

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.