A. Session Fees
Client agrees to pay a session fee of $350 for a regular mini session and $299 for a cap and Gown Mini session. (Full price cost without applicable discounts and tax) for the 20 minute Mini portrait session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, image gallery posted for 2 weeks, 3 images to be downloaded by client and a print release. Additional editing is available at additional expense to be determined by photographer. Once the photos have been edited, client will get to view/download the digitals in an online gallery that the photographer will send via email.
B. Reservation Deposit and Payment Schedule
Upon receiving your information and the $100 initial payment, the Photographer (Melissa De Vera Photography) reserves the time and date agreed upon, and will not make other reservations for that time and date. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
C. Guaranteed Delivery
Photographer agrees to have the contracted order for the photo session completed within 45 days. We do not want to feel rushed to complete orders shorter than this timeframe.
D. Independent Contract
This session is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
E. Archive
After two (2) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control. We highly recommend exporting these images to an additional USB, hard drive or CD.
F. Damage
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
G. Model Release
I hereby give to Melissa De Vera Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
H. Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and for all members of their participating party and release photographer from any claims against their person or their business.
I. Copyright & Penalty
Melissa De Vera Photography retains all copyrights to all images created during client’s session. A print release will be given with digital files to print portraits for personal use only. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Melissa De Vera Photography during client’s photo session. When uploading to social media, please be sure to credit the photographer and any participating beauty professionals and artists.
Copyright and Reproduction: The Photographer shall own the copyright in all images created and reserves the right to use the negatives and/or reproductions for publication, portfolio, advertising or display within or outside of the Photographer’s studio. Negatives and originals remain the property of Melissa De Vera Photography.
Client’s Usage: Client shall not modify, edit, reproduce, copy or manipulate the copyrighted images in anyway without the written permission of Melissa De Vera Photography. You have the permission to use the prints for personal use only; you do not have permission to sell said prints or to make copies of the images. This includes home printers, printers at local labs and convenience stores (such as Target, Wal-Mart, etc.). Any reproduction, display, distribution and/or use of the copyrighted images for advertising or commercial use shall be allowed only upon Melissa De Vera’s Photography’s written permission specifying usage and fees. Any infringements of this copyright policy may be punishable by law with fines starting at $150,000.
J. Limit of Liability
Although care will be taken with the digital files, the Photographer limits any liability for loss, damage or failure to deliver photographs for any reason of Photographers non-performance caused by any force or similar circumstances, illness, accident or any cause beyond their control. In any event, the limit of Photographer’s liability shall not exceed the contract price stated herein.
K. Session Requests
*No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
*Session starts at the agreed upon time and is limited to only the allotted time. It is strongly encouraged that client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, touch ups and relaxing before session begins.
Retainer Fee and Initial Payment:
A $100 non-refundable initial payment for your session is due immediately to book your session. This guarantees the time and date allotted for you. Should an initial payment not be received in this time frame, Melissa De Vera Photography reserves the right to offer the date and time to another client. The initial Payment shall be applied to reduce the total cost and Client shall pay the balance due. Balance shall be paid in full 48 hours prior to your session. Once payment is received your session is booked. Cancellations, missed sessions and reschedules may result in the loss of the initial payment and are at the discretion of Melissa De Vera Photography. Reschedules due to inclement weather are at the discretion of the photographer.
Print Orders: Payment is due when ordering. For those previewing online, your gallery will be online for fourteen (14) days and then will be removed. There is a $100 fee to re-publish your gallery, so it is highly recommended that you place your order within this time frame. We ask that you allow at least 2-3 weeks for delivery of your images from the moment you place your order. Reprints: All images will be kept on file for 60 days starting the date of your session. You are welcome to place a re-print order from the images you originally purchased. There is a $50 minimum on all reprints and a $100 fee to republish your gallery. Galleries will be delivered in a timely manner at the discretion of the photographer. Galleries requested to be delivered under 4 weeks from the session date are subject to “Rush” fees at the discretion of the photographer.
Re-Shoots: Re-shoots are at the discretion of the photographer; and are not given for regretful choices such as clothing choices or a bad hair day. Feeling Under the Weather: If you are feeling ill, please call to reschedule as soon as possible. If you must cancel, please try to kindly do so at least 7 days before your session. Your retainer fee will be applied to a future session date. Late Arrival: if you are more than 10 minutes late to your session for any reason, your session may need to be rescheduled and a $50 rescheduling fee may be added to your total cost. Your initial payment will not be refunded, and will not go towards the scheduling of another session.
Editing: Mini Sessions include basic retouching such as: color correcting, skin smoothing, eye sharpening, teeth whitening, and minimal blemish removal. Extensive editing requests may incur additional charges at the rate of $50 per image. The photographer may not be able to fulfill additional editing requests due to scheduling, or other reasons. The photographer is not able to alter appearances beyond basic editing for mini sessions.
Payment Options: Melissa De Vera Photography accepts cash, and Stripe (credit and debit cards). Final Images will not be delivered until account is paid in full. In the event of insufficient funds a $75 return check fee will be added to your balance. No shows, last minute cancellations , and schedule changes could result in loss of the initial payment and are at the discretion of the photographer. Sales tax at the rate of 5.3% will be added to all products and services.
The Client shall be entitled to a refund and this contract will be voided in the event that a death or medical emergency in the Client's immediate family, an act of God, or a comparable disaster up to one week before the session date. The Client must submit a request to cancel in writing. If the cancellation is due to illness or medical emergency, the Client must provide proof in writing in order to receive a refund.
The Photographer will take great care with all equipment and materials during the production and handling of the products due to the Client. If all materials that are due to the Client are damaged, stolen, or otherwise lost, the Client will be entitled to a refund of money paid for those products. The Photographer will not be held liable beyond that refund. If some of the materials due to the Client are damaged, stolen or lost, a partial refund will be offered. The Photographer will not be held liable for damages beyond that prorated refund.
If the photographer is unable to fulfill the contract for any reason including but not limited to those mentioned above, the photographer is free of liability for any amount in excess of the client’s payment.
The Photographer shall own the copyright in all images created and reserves the right to make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, website, or for display within or on the outside of the Photographer’s studio.
Materials involved in photography, including dyes, DVDs, CDs or other media, may deteriorate over time due to qualities inherent to the materials. The client understands that the photographer may not be held liable for such deterioration. The client is fully responsible for caring for the product once it is received. The client is also fully responsible for any loss or damage to the product once it has been delivered to the client. The photographer is not responsible for maintaining copies or records of images once they have been delivered to the client.
Client agrees to indemnify and hold harmless photographer from all claims, losses, expenses, fees, including attorney fees, costs, and judgments that may be asserted against photographer that result from acts or omissions of client, its members, if any, and its agents.
Additional charges for extra photography time on the session day shall be charged at $ 50 per hour, and shall become pay able within 14 days of presentation of an invoice by the Photographer.
Returned checks will be assessed a $75 non-sufficient funds fee. Payments are accepted in cash, or Stripe.
The Client agrees that this Agreement shall be deemed cancelled if all monies are not paid on time as stipulated.
The Client agrees that the Initial Payment is non-transferable and non-refundable in the event of cancellation by the Client for whatsoever reason except that stipulated above.
If the Photographer as reason for not performing under this photography agreement, the following provisions shall apply: If the Photographer cannot attend to his duties for medical reasons or other emergency, all monies paid by the Client (including the Initial Payment) shall be refunded in full. Upon refund of the Initial Payment, the photographer will bear no further liability regarding the contract.
This Agreement contains the entire Agreement of the parties, and there are no other conditions or promises whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
This Agreement may be modified or amended in writing, if the party obligated under the amendment signs the writing.
The laws of the State of Virginia shall govern this Agreement. The parties have read this Agreement, and agree to all its terms and conditions.