This PHOTOGRAPHY SESSION AGREEMENT ("Agreement"), dated as of Session Date("Effective Date"), is by and between Melissa Hartigan Photography ("Photographer"), and Client Name ("Client") (individually, "Party" and collectively the "Parties"). In consideration of the promises and covenants contained herein Photographer and Client agree as follows:
I understand that booking a session with Melissa Hartigan Photography requires a non-refundable retainer payable within seven days of booking. I understand that the remaining balance is due prior to the scheduled session date (payment/installment plans are available). Cancellations must be made at least 5 days prior to the session and will be applied to a future date. I understand that if I am more than 15 minutes late to my session, my retainer will be forfeited and if I wish to re-schedule there will be a $100 rescheduling fee. Following Connecticut State Law a 6.35% sales tax will be added to all session fees
I understand that all on-location addresses where MHP sessions are held are to be kept private, please do not tag images or check-in with the location. I understand that only the photographer owns the copyright to the images and a personal print release will be given to me with any digital images I receive. I understand that downloading, printing or screen capturing without consent is against copyright.
I have read and understand the session package I am receiving from Melissa Hartigan Photography and the service she is providing for said session.
I understand that if I upload images for personal use on the web, that I will credit Melissa Hartigan Photography, LLC and provide a link back or "TAG" to the Melissa Hartigan Photography LLC's website or Facebook page.
I understand that the Photographer will make a good faith effort to achieve desired results. However, subjective tastes differ regarding photography, and children are inherently difficult to photograph and may experience behavioral or attention-related problems during the Session. I acknowledge that MHP cannot and will not guarantee any particular results. If Client’s child does not or cannot cooperate during the Session, Client is still responsible for full payment under this Agreement. If you are more than 15 minutes late to your session, your retainer will be forfeited. If you wish to re-schedule there will be a $100 rescheduling fee.
The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
I understand that if I choose to print my images elsewhere other than with Melissa Hartigan Photography, quality images cannot be guaranteed by Melissa Hartigan Photography, there is a significant difference in the color, clarity, print crop and overall quality. Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
All images are copyrighted by Melissa Hartigan Photography, LLC. It is illegal and unlawful to scan, copy, or reproduce our work in any manner or medium; we are covered by the Federal Copyright laws. The images that are being provided to you are licensed to you for any reasonable personal purposes only, including but not limited to: printing, copying, emailing and web publishing. Under no circumstances can a client use these images for commercial purposes, profit or photographic competition or display. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, use on vendor sites, contests or resale of any nature. Under no circumstances can any images be altered, cropped, edited or photocopied in any way. The alteration of the final digital image(s) through the use of personal digital image enhancement software, including but not limited to Instagram, Picasa, Lightroom, Photoshop, etc. in any way, is strictly prohibited and is considered a copyright violation. Your purchase of digital files releases Melissa Hartigan Photography LLC from any liability due to loss or damage of the images, and also releases Melissa Hartigan Photography, LLC from any obligation to maintain copies of any digital file, image, or photograph. For your protection, please backup your files.
MHP requires a retainer which is due at time of booking, this retainer secures your session date and is non-refundable. Please provide at least five (5) days notice for cancellations, we will allow one reschedule within the current calendar year, after that there is a $100 reschedule fee. We understand the expense that comes with a photography session, if you need to pay your session fee in installments we can certainly set that up for you, however please note that all session fees must be paid in full prior to your session.
PAYMENT FOR PRINTS, ORDERING AND DIGITAL FILES
MHP accepts cash, check and Paypal. We charge a $50.00 fee for any returned checks. Print and product prices are guaranteed for 30 days from the date of your session. Ordered images will remain on file for one year from the date of the portrait session. MPH softproofs all galleries, therefore unchosen images will be permanently deleted and the chosen images will be edited for you. Unordered soft proofed images will be permanently deleted after chosen images are submitted to photographer. For your protection, it is strongly advised that you backup your files. Your purchase of original digital files releases MHP from any liability due to loss or damage of the images, and also releases MHP from any obligation to maintain copies of any digital file, image, or photograph. Prices are subject to change at any time. Due to the custom nature of the art produced, all sales are final. If there is found to be any defect in a print, the studio will re-print it at our discretion. All print orders take approximately 2-3 weeks, canvases and other custom or boutique products may take longer. Turn around time may also be longer during studio closures, late summer and fall.
Only bring those people being photographed for the session. Cameras, cell phones and recording devices are not allowed in the studio or outdoors during your session. Cell phones may be on for personal use but not for taking photographs or videos.
Basic retouching included (small facial scars and blemishes). If extensive retouch is requested, there will be an additional charge per image, fee based on retouching to be performed and quoted upon request.
PRINTS AND PORTRAIT CARE
Handle your portraits with extreme care. Damage incurred as a result of improper handling, framing or hanging is the responsibility of the client. It is strongly encouraged to order all prints through Melissa Hartigan Photography, quality images cannot be guaranteed when you choose to print through a local developer. There is a significant difference in the color, clarity and overall quality.
PROOFS AND ORDERING
Within 3-5 business days after your session you will receive your soft proofing gallery, this is delivered via email, a link to your on-line soft proofing gallery along with the ID and password will be provided. This soft proofing gallery is available to you for seven (7) days. Please be very certain of the images chosen, once your gallery favorites are shared your gallery will be deactivated, unchosen images will be permanently deleted and the chosen images will be edited for you. Unordered soft proofed images will be permanently deleted. If the soft proofing gallery expires prior to your selections, there is a $50 fee to have it reactivated for seven more days. **Screen capturing is against copyright, the gallery will be deactivated immediately if notification of screen capturing is alerted. Under no circumstance should any image be altered, cropped, or edited or photocopied in any way.
Once photographer receives your selections photographer will begin working on your gallery, you receive your final gallery via email within 10-15 business days. The email will contain the link to your on-line final gallery along with the ID and password, and is available to you to for downloading and viewing for seven (7) days. All orders should be placed within this time frame. Payment for your order is due within one (1) week of placing your order, if you need additional time please contact Melissa Hartigan Photography to make arrangements, as there is a $50 fee to have your gallery reactivated for an additional seven (7) days if you fail to download your images.
Melissa Hartigan Photography may post a sneak peek of your pictures on Facebook. Please feel free to make a picture a profile or cover photo, tag or share it. However, do not screen capture, download, crop out the logo or alter the image.
It is highly suggested that on your session day that only those to be photographed and yourself attend the session. It is suggested that only one person or mom, dad and baby come because they can be distracted very easily and will be looking off to the others in the room and not at the photographer. Results can not be guaranteed when this happens.
NO GUARANTEED RESULTS
Photographer will make a good faith effort to achieve Client’s desired results. However, subjective tastes differ regarding photography, and children are inherently difficult to photograph and may experience behavioral or attention-related problems during the Session. Client acknowledges that Photographer cannot and will not guarantee any particular results, including Client’s desired results. If Client’s child does not or cannot cooperate during the Session, Client is still responsible for full payment under this Agreement. Cancellations must be made at least 5 days prior to your session and will be applied to a future date, . If you fail to contact us, or are more than 15 minutes late to your session, your retainer will be forfeited. If you wish to re-schedule there will be a $100 rescheduling fee, we will allow one reschedule within the current calendar year.
Sick babies, toddlers, parents and moms to be are not allowed in the studio; due to the nature of work I do with newborns it is very important that Melissa Hartigan Photography, LLC keep a strict no sickness policy. If any individual who will be attending and or the child to be photographed has been sick 48 hours prior to their scheduled session, or on the day of their session, contact must be made with Melissa Hartigan Photography, LLC. At that time MHP will make arrangements to reschedule your session free of charge, there is absolutely no exception to this policy.
If client arrives to the session sick or with a sick child, Melissa Hartigan Photography, LLC will not proceed with the session and all session fees and retainers paid will be forfeited. This policy is in place due to the nature of of work I do with brand new unvaccinated newborns and there is no exception to this policy.
In the event of poor weather conditions and your session is planned for outdoors, a new session date and time will be chosen within 72 hours.
LIMIT OF LIABILITY
MHP takes the utmost care with respect to the exposure, retouching, and transportation of all Photographic materials, digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received. In the unlikely event of a total photographic failure or cancellation of this contract by either the Client or Photographer or in any other circumstance, the liability of the Client/Photographer to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
Hold Harmless Agreement
Location of Session: 80 Frederick Drive, Coventry CT 06238
Client(s) agree to release and hold harmless Melissa Hartigan Photography LLC, Melissa Joseph-Hartigan from all claims of personal injury or property damage incurred while on or in the property located at 80 Frederick Drive, Coventry CT 06238 for child’s photo session. This includes physical injuries, loss of life and loss of personal property.
My Photo Session has been explained to me, including risks involved in walking around the property, and I understand those risks include; but are not limited to, PERSONAL INJURY or LOSS OF PERSONAL PROPERTY. Knowing this, I voluntarily choose to proceed with my photo session at 80 Frederick Drive, Coventry CT 06238.
It is my intent that this AGREEMENT shall prohibit myself, my heirs, assignees and personal representatives from making any claims against the Released Parties, or taking any legal action should I become injured or suffer a loss as may occur as a direct result of my participation in the activity, during the activity and at the scheduled location.
THIS AGREEMENT SHALL BE CONSTRUED AS BEING IN COMPLIANCE WITH THE LAWS OF THE STATE OF CONNECTICUT, AND IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND IT. THEREFORE, I/WE SIGN THIS AGREEMENT VOLUNTARILY.