SESSION RETAINER AND PAYMENT: The Client shall make a non-refundable retainer in the amount of $100.00 for the Photographer to perform the services specified herein. Upon payment, the Photographer will reserve the time and date agreed upon by both parties. Payment for product orders shall be submitted to Photographer on the day of placing product orders. Any payment plan agreements agreed to by Photographer and Client shall be included as an addendum to this agreement. No products shall be delivered until the entire amount is paid in full.
RESCHEDULING: In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 14 days prior to the scheduled event. The reschedule must be within the same calendar year. If the Client wishes to reschedule any time after the 14 days, the Client retainer will be forfeited and will not be applied to the rescheduled event. Any Client that is late arriving at the session will have the amount of time late deducted from the time allotted for the session. Clients shall not be compensated for the time deducted from the session due to the late arrival of the Client. In the event that the session requires travel and the Client is over 30 minutes late arriving at the session, the Client will be responsible for paying a late fee of $75. Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. at no additional costs to the Client.
CANCELLATIONS: If Client requests to amend or cancel this agreement 14 or more calendar days before the agreed upon photographic event date, the retainer shall be forfeited and the Client will not be responsible for the remaining balance. If Client cancels or fails to show, this agreement 13 or fewer calendar days before the agreed upon photographic event date, the retainer shall be forfeited and the Client will be charged for the remaining balance in full.
COMPLETION SCHEDULE: Completion schedules and delivery of products shall be determined from the date of the photographic event. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.
• Digital Images shall take 2-3 weeks from the date of the photographic event to be processed and delivered via online gallery to Client.
• Albums shall take 7-14 days from the date of the album order to be received by the Photographer.
A client should place orders with sufficient time to allow for normal delays and notify the Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turnaround. An expedited fee of $15 or more 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.
USE OF INDEPENDENT CONTRACTOR: In the event, a Photographer furnishes a hair and/or makeup artist, the Photographer is not liable for any application or services by this independent contractor. This includes but is not limited to allergies as a result of the use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
ARTISTIC RIGHTS: The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Client shall receive a private online gallery of digital photographs and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Any images not found in the web gallery were not found satisfactory for release.
BODY ALTERATIONS: The Photographer retains the right to cancel the session and retain the retainer amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries, etc..
COPYRIGHT AND REPRODUCTION: Except as otherwise specifically provided herein, all photographs and rights therein, including copyright, remain the sole and exclusive property of Photographer. The Photographer 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 materials, including digital files, in accordance with the permissions within this agreement. The Client’s photographic materials are for personal use only and shall not be submitted to contests, 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: This applies to all social media including Facebook, Instagram, Blogs, Etc. The Client may share web/blog post links and social media albums through the use of the share functions and dissemination of direct links. The client shall not copy, screen shot, or capture the photographs in any other fashion. The Client agrees that they will under no circumstance alter the photographer's photographs which includes cropping, alteration in color, application of filters or modification of any kind. When published online it is required that the citation of the photographer be made.
FAILURE TO PERFORM: If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, the act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability.