1) Session Fees
Client agrees to pay Photographer a $250.00 retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The balance is due the day before the session. The session fee covers the time and talent of Photographer, basic retouching and creative editing of images, as determined by the Photographer, and images (amount depending on session) to be stored through photographer's website via online gallery. Additional editing is available at an additional expense to be determined by Photographer and Photographer reserves the right to refuse additional editing requests.
Upon receipt of the non-refundable $250.00 retainer and submission of the Agreement by Client, Photographer will reserve the time and date agreed upon and will not make any reservations for other clients for such specific time frame. For this reason and loss of potiental business in the event of a cancellation or no-show by Client, the $250.00 retainer is non-refundable, NO EXCEPTIONS. In the event of a cancellation or no-show by Client, the retainer shall not be considered as services to be rendered to the Client and Client hereby waives any rights to collecting any refund of the retainer.
For purposes of this Agreement, a no-show shall be deemed as the Client not arriving to the session within 15 minutes of the agreed upon time as listed in this Agreement. In the event Client is running late due to unforseen circumstances and contacts Photographer to inform of their tardiness prior to 30 minutes before the session is scheduled to start, Photographer reserves the right to use her discretion as to cancel or reschedule the session for another date. If Photographer chooses to cancel the session, Client shall not be entitled to any refund of the retainer; sessions rescheduled at Photographer's discretion shall have the retainer applied to that date.
2) Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Session fee covers travel within 45 miles of photographer's home address. Any location outside of these limits will be subject to an additional charge of $85 or more as part of the agreement.
If an illness or situation prevents a photo session from taking place, Client may reschedule their session at least 72 hours prior to their shoot without penalty. Should Client fail to give 72 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
4) Re-shoots / Refunds
Re-shoots are determined at the discretion of the Photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the Photographer.
After three (3) 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.
6) Digital File Release
Photographer will only provide Client with the number of high-resolution edited digital images as described in the session purchased, and such files will be in a JPEG format. Beyond these files, Photographer will not provide or release any other digital images to Client, either edited, unedited, JPEG, or RAW files. Such files are sole property of Photographer and not subject to distribution.
All payments are due in full, less the retainer, the day before the session. Photographer reserves the right to cancel the session if Client does not pay in full. Further, no images will be released to Client until Client's account has a zero balance.
7) Requested Poses
Photographer and Client agree that Photographer is under no obligation to capture any specific moment, pose, or person(s) during the session. Client is encouraged to provide a suggested list to Photographer no less than 48 hours prior to the session to include photos Client would like Photographer to shoot. While Photographer will try her best to accomodate Client's request, Photographer has no liability for not capturing any photos on the list.
8) Subject Cooperation
It is very important to have the cooperation of all subjects during a photo session; Photographer is not responsible for uncooperative or disruptive subjects. She will work to the best of her abilities to redirect uncooperative or disruptive behavior, but retains the right to end the session even if the time frame has not been met if the subjects continue to be uncooperative or disruptive. Client understands it is their responsibility to manage the behavior of the subjects in the photo session and will not hold Photographer liable for shots or missed poses due to a session ending early.
9) Artistic Subjectiveness
Client agrees and understands that the quality of a photograph is entirely subjective. Photographer will strive to present photos in a workmanlike manner, but is not required to cater to specific aesthetic preferences of Client. Client understands and agrees that Client is responsible for determining if a post or location is safe.
10) Inclement Weather / Unsafe Location
If, in the opinion of the Photographer, weather or other adverse condistions pose a safety threat to Client and/or Photographer, Photographer may elect to use an alternate location or to reschedule the session.
11) Model Release
By submitting this Client Agreement, I hereby give to Photographer the absolute and irrevocable right and permission with respect to the photographs that 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 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.
If Photographer cannot perform this Agreement in whole or in part due to an Act of God, fire, or other casualty or cause beyond control of the parties, or due to Photographer's illness, then Photographer shall return the retainer to Client and shall have no further liability with respect to this Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the shipping or mailing process, or otherwise lost or damaged without fault of Photographer. Client agrees that an entire session may not be able to be replicated, reenacted, or repeated for the purpose of re-shoots and agrees to limit Photographer's liability to an amount not to exceed the session fee.
Client agrees to indemnify and hold Photographer harmless for any liability, damage, or loss related to technological failure. Cameras, lenses, hard drives, and memory cards are all subject to possible technical failure, and while Photographer will take reasonable steps to prevent such data loss, she is not liable for any loss of data due to technical failure.
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
13) Copyright & Penalty
Photographer retains all copyrights to all images created during client’s session. A print release will be included with digital files to print portraits for personal use. The print release does not allow publication of Client's portraits (i.e. entering in contests), selling or altering of Client's images without the Photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Photographer during Client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If Client steals images via any method listed above, or any other method, Client will be invoiced for the cost of EACH digital image Client has stolen, at Photographer’s current price per digital file.
Note from Photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and I include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/facebook page instead of screen shotting or right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.
This Agreement is goverened by the laws of the state of Texas and federal courts in that district. Client and Photographer agree the subject themselves to the laws of this state and hereby waive the right to object to venue within this state.
This Agreement constitues as single Contract expressing the entire agreement of Client and Photographer with respect to the subject matter hereof and supersedes any and all prior contemporaneous oral and written agreements and discussions with respect to the subject matter hereof, and except as specifically set forth herein, there are no other agreements, representations, promises or inducements, written or oral, express or implied, between the parties hereto with respect to the subject matter hereof.
If any part of this Agreement is determined to be void, invalid, inoperative, or unenforceable by a court of competent jurisdiction or by any other legally constituted body have jurisdiction to make such determinations, such decision shall not affect any other provisions hereof and the remainder of this Agreement shall be effective as though such void, invalid, inoperative, or unenforceable provision had not be been contained herein.
15) 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. It is strongly encouraged that client arrives 10 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.
*Please do not bring any children not being photographed to the session.
*Please make sure hair is combed and face is clean and free of runny noses or eyes.
*Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.