PHOTOGRAPHER PERFORMANCE Photographer agrees to take photographs as per the Client’s requests, allowing for artistic vision and expression of the Photographer. The Photographer agrees to use technical knowledge and experience to meet the Client’s needs for web or print.
RESERVATION A signed contract and retainer fee are required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or canceled; or if there is a breach of contract by the CLIENT, the retainer fee is non-refundable and shall be liquidated damages to The COMPANY. The CLIENT shall also be responsible for payment for any of the COMPANY’s materials charges incurred up to time of cancellation.
PAYMENT The cost of the Services (Session Fee) is $350. (*COUPLES BOUDOIR SESSION FEE $400) Client shall pay Photographer a non-refundable retainer of 50% at booking. The remaining 50% will be due 24 HOURS before the event date. This total shall include the entire session. All products and Digital images are sold separately.
CANCELLATION POLICY In the event that Client requests to reschedule a photography session, the payment shall be applied to the rescheduled date and time provided that the Client gives Photographer at least 7 days written notice of the intent to reschedule. The Client may only reschedule the photography session one time at a date and time mutually agreed upon by the Parties and the session must be rescheduled within 3 months of the date of the originally scheduled photography session. The Photographer reserves the right to reschedule the photography session if needed due to illness, injury, or inability to perform. In the event that the Photographer needs to reschedule the session, the session shall be rescheduled within 3 months of the date of the originally scheduled photography session. If the photography session cannot be rescheduled for a date within 3 months of the originally scheduled photography session because of Photographer’s illness, injury, or inability to perform, the Client will receive a full refund of the payment. Client is subject to a $200 cancellation fee if the event is cancelled & not rescheduled within 7 days of the event date. Client is also subject to a $400 NO SHOW FEE for not rescheduling or notifying the Photographer of a cancellation before the event and not showing up on the event date.
ALL SESSION FEES ARE NON-REFUNDABLE. In the event that the Client cancels the photography session but does not reschedule, the Client will not receive a refund.
TERMINATION The Photographer may terminate this Agreement for cause, including but not limited to non-payment.
HAIR AND MAKEUP Any hairstylist and/or makeup artist provided by the Photographer shall be provided as an independent contractor. The Photographer shall not be held liable for a reaction related to the services provided by the hairstylist and/or makeup artist. If the Client has any known allergies, they should inform the hairstylist and/or makeup artist of those allergies. The Photographer will not grant a reshoot due to the Client’s dissatisfaction with her hair and/or makeup.
TRAVEL EXPENSES When applicable, the CLIENT is responsible for all travel, accommodation, meal, and transport costs unless provided by the CLIENT. All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address. For all EVENT(S), the first 50 miles round-trip of travel are included. All miles in excess of 50 miles round-trip are charged at $1.00 per mile.
CREATIVE CONTROL The Photographer retains creative control of the photography session. Creative control includes but is not limited to adjustment of body posing, clothing, hair, jewelry, or makeup.
ARTISTIC RIGHTS The Photographer retains the right of using discretion to select which portraits will be released to the Client. The Client shall receive a gallery of portraits to choose from, but the Client will not receive portraits the Photographer does not present to the Client. The Photographer reserves the right to adjust portraits in post-processing as the Photographer deems necessary and obtains all creative control. The Photographer edits with a "Two Week" editing rule. Any marks on the body that will not be there in two weeks will be edited. This includes: blemishes, bruises, red marks, clothing marks, cuts, etc. Body modification edits are NOT offered. The Client may request additional edits for an additional fee but the Photographer may turn down the additional edits if they do not comform to the Companies body positive beliefs.
GUEST FOR PHOTOSHOOT The Photographer shall allow Client only ONE guest who is 18 years or older to the Photoshoot.
OWNERSHIP All intellectual property rights including but not limited to, copyrights, trademarks, services marks, know-how, and other confidential information, trade dress, trade names, logos, corporate names, domain names, together with all of the goodwill associated therewith, derivative works, and all other rights in and to all documents, work product and other materials that are delivered to Client under this Agreement or prepared by or on behalf of the Photographer in the course of performing the Services shall be owned by the Photographer.
SCHEDULE FOR COMPLETION Photographer will provide Client with a scheduled image reveal up to 4 weeks after the scheduled date of the photoshoot. All Product delivery is dependent upon the client and when they have paid in full for their items. Products will not be held for longer than 6 months after they arrive at the studio. It is the Client's responsibility to pick up their products or pay to have them shipped. If products are not picked up within 6 months they will be purged.
IMAGE USE The Client acknowledges that all images purchased will be for their own personal use. These images shall not be used for advertisement, commercial use, or for profit.
IMAGE REVEAL All monies paid to photographer at you reveal meeting are NON-REFUNDABLE or transferable. All sales are final. If client does not place their product order/begin payment plan within 7 days of reveal meeting all images will be purged. Products will only be available to purchase while at the reveal meeting. A reveal will be scheduled at the completion of the session. Reveals must take place within 3 months of the session date or all images will be purged.
ADDITIONAL IMAGES/RAW IMAGES: The Photographer does not guarantee a portrait minimum number of images in Client's final portfolio. Under no circumstance will The Photographer release RAW images to Client. The Photographer selects the best representation of the images taken at the session for the Client portfolio, and all other images are deleted during the culling process; therefore, no additional images can or will be released to Client.
INDEMNIFICATION Client agrees to indemnify and hold harmless Photographer, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Photographer, in writing.
LIMIT OF LIABILITY The Photographer represents that reasonable care is taken with respect to capturing, developing, processing, storing, and delivery of Client images. However, in the event that The Photographer fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of The Photographer’s control or The Photographer's own negligence, The Photographer’s liability shall be limited to a refund of all payments made by Client. The limit of liability for a partial loss of original images shall be a prorated amount of the exposures lost based on the percentage of total number of original images. If there is a failure to capture certain images that Client requested or that were discussed at the consultation, such omissions shall not void this agreement nor be a breach of this agreement and will not cause any compensation to be made to Client, and The Photographer shall not be liable for the same.
NON-DISPARAGEMENT Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
AGREEMENT This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings, and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
FORCE MAJEURE Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of such party including, but not limited to, acts of God, power outages and governmental restrictions.