It is understood Samantha Altomare is the exclusive official photographer retained to perform the photographic services requested on this Contract. Samantha Altomare may substitute another photographer to take the photographs in the event of illness or scheduling conflicts if the session is unable to be rescheduled. In the event of such substitution, the photographer taking the photographs shall be a competent professional.
Printing rights are included with the purchase of a session package. Negatives, digital files and previews remain the exclusive property of Samantha Altomare unless a Shared Copyright agreement is entered into allowing the Client to use the images in any manner they please as long as proper credit is given to Samantha Altomare. It is ILLEGAL to copy or reproduce these photographs elsewhere without Samantha Altomare’s permission, and violators of this Federal Law will be subject to its civil and criminal penalties.
Samantha Altomare reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Samantha Altomare in the event of litigation arising out of such use. *If you do not wish to allow Samantha Altomare to use your photos in advertising, display, publication, or other purposes, please state this in the Additional Comments/Special Requests section of the Contract.
The Client agrees not to edit the photos by cropping, adding photo filters, etc. If the Client feels certain edits or changes to an image should be made, the Client should to contact Samantha Altomare to do so.
Retainer and payment schedule: 50% of the total cost is due at time of signing this agreement to hold reservation for the date and time agreed upon. In the event of cancellation the retainer paid is non-refundable. The Client shall also be responsible for payment of any materials/charges incurred up to time of cancellation. The retainer shall be applied towards the total cost of the service to be rendered. The remaining charges are payable in full on the date of the session. No part of any order, including previews, will be delivered until the balance is paid in full. Additional fees such as travel fees and any other add-ons will need to be paid at the time of the session.
Client is responsible for paying any fees associated with location (if any) such as reservation or admission fees, etc for the Client as well as the Photographer.
If, in the opinion of the photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Samantha Altomare, she may elect to use an alternate location or to reschedule the portrait.
If Samantha Altomare cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to her illness or emergency, then Samantha Altomare shall return any deposit or retainer to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event Samantha Altomare fails to perform for any other reason, she shall not be liable for any amount in excess of the retail value of the Client’s order.
Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases the Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
The charges in this Contract are based on Samantha Altomare’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.
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.