Session Agreement and Waiver
Session Information & Understanding:
This contract is written for the purpose of family or personal portraits. The signing of this contract states the client’s understanding that it is their choice to participate in these photos, and the client will not hold studio responsible for any negative actions or feelings that may commence due to the images of this shoot. The client understands that they will decide whether or not these images are made public, and will make studio aware of these preferences. Based off the print/product agreement the client is agreeable to the terms, conditions, and timeline of the session, and the delivery of images and products. The client states that they are 18 years or older. If the client is not 18 years or older, they understand a parent or legal guardian is required to sign this contract as well.
Studio Policy / Product Purchase Disclaimer: Please note that session fees and product costs are billed separately, however, signing this contract serves as legal agreement to terms for all products ordered/purchased. In signing this contract, the client understands that all prints larger than 8x10 in size, all wall art (canvases and other media formats), and books must be ordered through Amy Aiello Photography, and cannot be created outside of the studio, even with purchase of digital image files. Pricing for these products can be foudn in the dance price guide:
www.amyphotochicago.com/movement-guide
Payment Arrangements: Payment in full for the session itself, as well as any pre-orered specials, is required upon signup. Additional products can be ordered after the session.
Payment for all additional products ordered is due upon placing the order. Photo products will not be created until payment in full has been obtained. Amy Aiello Photography reserves the right to refuse services/products if the payment arrangements have not been met unless prior arrangements have been made.
Additional Fees and policies: Copyright permission is only released with the purchase of digital files, and grants the client the ability to post images on any social media platform, as well as to make physical prints 8x10 and smaller on photographic paper only. All larger sizes and mediums other than photo paper must be purchased and created through Amy Aiello Photography. All photographic products are purchased under a strict no refund policy. Quality control is guaranteed within 21 days after product ships to client, and Amy Aiello Photography will replace any products damaged in shipment to client free of charge with photographic proof of damage.
Schedule Arrangements: Due to the nature of the session a strict timeline will be enforced. The session will start at the scheduled start time even if the client is tardy or unprepared. The session end time will remain the same. If additional time is needed, client must book and pay for additional session(s). Studio will not be held responsible for additional sessions needed due to forgotten items.
Cancellations / Rescheduling
There is a no refund policy on your session, however, you will receive service credit with Amy Aiello Photography as follows:
Cancellations or rescheduling 28 days or more prior to our shoot - 100% of monies paid will be credited to client's studio account according to what their reservation inclusions.
Cancellations or rescheduling 7 days to 48 hours or more prior to our shoot - 75% of monies paid will be credited to client's studio account according to what their reservation inclusions. The remainder is forefeited by the client.
Cancellations or rescheduling less than 48 hours prior to our shoot - 50% of monies paid will be credited to client's studio account according to what their reservation inclusions. The remainder is forefeited by the client.
As an alternative to cancellation, you MAY find a replacement participant to take your time slot. Once they have completed the registration and payment process, Amy Aiello Photography will issue you a full refund.
There is no charge to change the time of your session, provided that there is an available time slot for you.
Finally, for out of state participants, your studio credit can be issued as a refund upon request. Please allow 60 days for refund.
Cooperation: Studio is not held responsible for behavior of parties involved with the shoot, with the exception of studio personnel. If the desired outcome of your session is jeopardized by the behaviors of parties involved with the exception of studio personnel, studio cannot be held responsible.
Client Usage Rights/Copyrights: The photographs produced by studio are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without studio explicit written permission. It is a unlawful to reproduce the images in any form unless digital image files are purchased. Unpurchased digital images may not be posted, even with a watermark. In the event that the client does so, they will be billed $350 per unique image.
The Client reserves the right to post images on social networking sites such as Facebook and Twitter. Should client purchase digital images, posting of them on social networking sites IS permissible, provided that they grant photographic credit AND website address similar to the following suggestion: photo by Amy Aiello photography – www.amyphotochicago.com
There will be limited copyright ownership of the images delivered on digital image purchases under these conditions:
Commercial use and/or resale of these photos is prohibited. This includes allowing companies use them to promote their prouducts. These images are for personal use only, and may be reproduced for the purpose of sharing with friends and family. With purchase of digital image files, the client may reproduce images on photographic paper only in a maxium size of 8x10. ALL OTHER SIZES AND MEDIUMS (including canvases, books, metals, acrylics, etc) MUST BE MADE THROUGH AMY AIELLO PHOTOGRAPHY.
In the event that these photos will be published, sold for profit, used for marketing of product or services, the client must obtain written permission from and compensate studio prior to the release. An additional contract will be needed at that time. The client would be responsible for all legal costs for this scenario.
Studio Usage Rights/Copyrights: Client grants studio unrestricted usage rights and copyrights to use and publish photographs in any manner or medium. Client grants studio permission to use images taken within this session in sample albums, marketing materials, editorial, online web presences, including but not limited to, website, social networks, blog, etc. Images may also be used in photographic competitions and for publication in which case the client will release all profits from images.
Studio Creative Policy: Client understands that the signing of this contract is entrusting the artistic choices/style and photographic merit, abilities, and expertise of Amy Aiello Photography.
Amy Aiello Photography is in no way responsible for providing me with a re-shoot if I am dissatisfied with my appearance or the lighting chosen; however, a discounted rate of 50% off the session fee ONLY (no discount on products) will be offered for any re-shooting needs and/or requests when made promptly within 7 business days of receiving the proof gallery.
Limit of Liability: In the unlikely event that the photographer is injured or becomes too ill to photograph the session, studio will make every effort to secure a replacement photographer for time sensitive sessions. If the situation should occur and a suitable replacement is not found or accepted, a reshoot will be scheduled for the next available time slot. In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond studio control, studio liability is limited only to the return of all payments received for the portrait session, and no additional compensation. The limit of liability for a partial loss of originals will be a prorated amount of the exposures lost based on the percentage of total number of originals. Client understands that Amy Aiello Photography is not responsible for retaining or archiving images from the session past 90 days.
Client understands that any instances of injury, damages, or similar are at the risk of self/client (and those, if applicable, I am signing on behalf as a guardian), and that Amy Aiello Photography will not be held liable for the monetary consequences (or similar) of such occurrence REGARDLESS of location of our session. Additionally, any props belonging to Amy Aiello Photography that I request usage of are done in at “at your own risk” manner. Client understands that they are responsible for inspecting props for safety, and ultimately deciding how props are utilized for themselves and all parties they when choosing to use such props. Amy Aiello Photography is also not responsible for property damages or otherwise caused on the day of the event that are not signed for immediately following the incident.
Contract Summary: I warrant that I am at least 18 years of age and that I am competent in my own name insofar as this consent is concerned. I further attest that I have read this consent form and fully understand its contents.
I understand that a guardian MUST be present for any person being photographed who is under 18 years of age.
Finally, I understand that this is a contract between myself and Amy Aiello Photography. This contract incorporates the entire understanding of the parties.
Any modification of this contract must be in writing and signed by both parties. Should I, or anyone outside of this contract, break the terms of this contract, I understand that Amy Aiello Photography will pursue legal action.
Any addendums made to this contract, must be agreed upon by all parties involved, in writing.