Portrait and Model Agreement

This contract is written for the purpose of portrait sessions. 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 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.

***IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR GUARDIAN MUST SIGN THIS CONTRACT!***

Name*

First NameLast Name

E-mail*

Address

Street Address

Street Address Line 2

CityState / Province

Postal / Zip CodeCountry

Phone Number*

Area CodePhone Number

Preferred Method of Contact.*

PhoneEmailTextFaceBook

Preferred Session Date

Preferred Session Time

BOOKING PROCESS*

Both an executed contract and a NON-REFUNDABLE RETAINER equal to your session fee is required to reserve the portrait photography services detailed in this contract. The proposed contract will expire one (1) week from the date it is prepared if the non-refundable retainer and signed contract are not received. Portrait photography services are reserved on a first-come, first served basis. Therefore at the time the contract is signed and the non-refundable retainer is paid, Laurie's ShutterFlutter Photography will reserve the date and time agreed upon for CLIENT {first} and will not make another reservation for the date and time agreed upon. For this reason, all retainers are non-refundable, even if the date and/or time is changed or if the CLIENT cancels this contract.

NON-REFUNDABLE RETAINER*

CLIENT understands that the Retainer is Non-Refundable, even if the date and/or time is changed (unless due to weather) or if the CLIENT cancels this contract.

PAYMENT TERMS*

CLIENT agree to pay Laurie’s ShutterFlutter Photography a retainer at the time of booking to secure their appointment date and time. The NON-REFUNDABLE RETAINER shall be applied to the total fees owed to Laurie’s ShutterFlutter Photography, provided that neither the portrait session nor the contract is canceled. The remaining balance owed, if any, to Laurie’s ShutterFlutter Photography is due on the day of the portrait session. Laurie’s ShutterFlutter Photography accepts payment via credit card through the Client Portal, checks, or cash. CLIENT may, but is not required, make interim payments towards their final balance. ALL PAYMENTS MADE ARE NON-REFUNDABLE. No photography will take place and not rights are granted until the retainer is paid in full. Laurie's ShutterFlutter Photography will not reserve the session date and time until retainer is paid in full. Returned checks incur a service fee of $25. All retainers and fees are subject to Minnesota sales tax.

PRINT/ORDER CREDIT*

If applicable all print credit or pre-session purchase of packages or products are not redeemable for cash.

MILEAGE*

If the CLIENT’S session is less than 20 miles outside of the Studio, located in Lester Prairie, MN, CLIENT shall not incur any travel fees. If the CLIENT’S session is in excess of 20 miles outside of Elk River, MN, where Laurie’s ShutterFlutter Photography will be driving to CLIENT’S session, CLIENT shall be invoiced $10 per hour, round trip, for every hour of travel time in excess of the first hour. If the CLIENT’S session is in excess of 30 miles outside of Lester Priarie, MN, where Laurie’s ShutterFlutter Photography will be flying to CLIENT’S session, CLIENT’S shall receive a custom travel invoice from Laurie’s ShutterFlutter Photography, and CLIENT shall be responsible for Laurie’s ShutterFlutter Photography travel costs, including but not limited to airline reservations, hotel reservations, local transportation, and a per diem food stipend.

LOCATION ACCESS, FEES, PERMITS + HOUSE RULES*

If CLIENT wants to shoot at a location that charges for access or requires permits, CLIENT shall be responsible for all fees associated with shooting there, including but not limited to entrance fees and parking. CLIENT shall also be responsible for organizing access to the location and any permits required for doing so. Laurie’s ShutterFlutter Photography is limited by the guidelines of the location. CLIENT shall be responsible for negotiating deviations from the house rules.

TIME MANAGEMENT

If you have more then one location for your session, the travel time going from destination A to destination B so forth does count towards the total amount of session time. The same applies for outfit changes: changing from one outfit to another does count towards the total amount of the session time. The client is not responsible for providing any props or outfits that are to be used within the session. Studio will not be held responsible for additional sessions needed due to forgotten items.

TERMINATION BY CLIENT*

CLIENT may terminate this agreement if notice of such termination is given to Laurie’s ShutterFlutter Photography in the following manner: CLIENTS must send notification in writing, signed by the contracted party, via Certified Mail by the United States Post Office, at a minimum or at least 12 days prior to the original session date, to Laurie’s ShutterFlutter Photography at 7286 NE River Road, Elk River, MN, 55330, or email Laurie’s ShutterFlutter Photography at info@LauriesShutterFlutter.com. Laurie’s ShutterFlutter Photography will also send an electronic cancellation agreement to CLIENTS, which must be signed by CLIENTS. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. In the event of cancellation by CLIENT, Laurie’s ShutterFlutter Photography shall retain CLIENT’s non-refundable retainer as liquidated damages, this contract shall be cancelled, and both parties shall be relieved from further obligation and liability.

TERMINATION BY LAURIE’S SHUTTERFLUTTER PHOTOGRAPHY*

Laurie’s ShutterFlutter Photography may terminate this agreement if such notice is given to CLIENT in the following manner: Laurie’s ShutterFlutter Photography must send notification in writing, signed by Laurie Ford, via Certified Mail by the United States Post Office or an email to {email listed above} prior to the original session date, to CLIENTS at {address listed above}. Laurie’s ShutterFlutter Photography will also send an electronic cancellation agreement to CLIENTS, which must be signed by CLIENTS. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. Laurie’s ShutterFlutter Photography shall refund all monies paid to CLIENT. At the time the cancellation notice is received by CLIENT via Certified Mail and any refund owed to CLIENT from Laurie’s ShutterFlutter Photography has been received by CLIENT, this contract shall be cancelled, and both parties shall be relieved from further obligation and liability.

ACTION CAUSING CONTRACT TO BECOME VOID*

In the event that the contract has become void due to CLIENT action as detailed in this contract under the SESSION RESCHEDULING provision of this contract, Laurie’s ShutterFlutter Photography shall be relieved from further obligation and liability and shall retain CLIENT’S non-refundable retainer as liquidated damages, and CLIENT shall be held liable for the payment of the cancellation fees up to the time of the action causing the contract to become void, in excess of the non-refundable retainer. In the event that the balance due under this section is not paid by CLIENT, Laurie’s ShutterFlutter Photography may charge a $5.00 (USD) per day late fee on CLIENT’S balance until the balance is paid in full. If the balance is not paid after 30 days, Laurie’s ShutterFlutter Photography may send CLIENT’S account to collections.

CANCELLATIONS*

Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event that CLIENT needs to reschedule the session, Laurie’s ShutterFlutter Photography will allow for one session reschedule without penalty, provided that CLIENT notifies Laurie’s ShutterFlutter Photography via e-mail at least 24 hours prior to the session and Laurie’s ShutterFlutter Photography is available on the newly requested date. In the event that CLIENT fails to notify Laurie’s ShutterFlutter Photography of via e-mail at least 24 hours prior to the session, Laurie’s ShutterFlutter Photography shall retain CLIENT’S non-refundable retainer. In the event that CLIENT reschedules her session a second time, she shall be invoiced a $35.00 (USD) cancellation fee, payable within 10 days of receipt of the invoice. In the event that CLIENT reschedules her session a third time, this contract shall be considered void under the ACTION CAUSING CONTRACT TO BECOME VOID provision of this contract. Furthermore, in the event of a reschedule for a destination session, Laurie’s ShutterFlutter Photography shall not be responsible for costs associated with the change of date. CLIENT shall be responsible for or reimburse Laurie’s ShutterFlutter Photography for all costs associated with the change of date, including but not limited to changes to airline reservations, changes to hotel reservations, and changes to local transportation reservations. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.

LATE ARRIVAL/NO SHOW*

CLIENT acknowledges that he/she must arrive on time to her scheduled portrait session start time. If CLIENT is later than 15 minutes without a phone call, the session is canceled and CLIENT will forfeit their retainer. If CLIENT is late to her scheduled start time, time will not be extended or rescheduled. Refunds are not available for portrait sessions cut short or entirely missed due to CLIENT’S late arrival. If CLIENT does not show up for session, or does not give proper notice, CLIENT forfeits entire retainer fee and another retainer fee will be required to reschedule. Any other fees/purchases paid in full will forfeit fee and a 3% transaction fee on the total amount. Rescheduless are based on availability, Laurie's ShutterFlutter Photography can not guarantee there will be an open time slot.

FAILURE TO PERFORM.*

If ShutterFlutter Photography cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then ShutterFlutter Photography shall return the deposit to the CLIENT but shall have no further liability with respect to the 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 mail, or otherwise lost or damaged without fault on the part of ShutterFlutter Photography. In the event the Photographer fails to perform for any other reason, ShutterFlutter Photography shall not be liable for any amount in excess of the retail value of the Client’s order.

WEATHER LIMITATIONS FOR PORTRAIT SESSIONS *

CLIENT recognize that Laurie’s ShutterFlutter Photography may shoot outdoors for her portrait sessions. Therefore, Laurie’s ShutterFlutter Photography reserves the exclusive right to reschedule her portrait sessions due to weather conditions. Laurie’s ShutterFlutter Photography will notify the client via phone if the session needs to be rescheduled due to weather conditions, including but not limited to rain, wind, snow, dust, extreme temperatures, etc. If you can not be reached by phone, you will be notified via email.If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the photographer’s discretion if bad weather persists to cancel the session, during the session. Due to photography equipment, it is up to the photographer's discretion if bad weather persists to cancel the session, during the session.If the client has been contacted and advised to reschedule due to the photographer’s concerns about weather, and the client decides to go ahead and reschedule, the client will not be charged to do so. The client will then be put on first alert for their session and able to have their session even on non-session days.

EXCLUSIVITY
It is understood and agreed that no other photographer will be allowed to photograph or take pictues during the Session While Photographer is working, unless othewise agreed by the parties in writing. This restriction applies to Client and any associates of Client and includes cell-phone cmeras, computer cmeras, and thier equivalents.

COOPERATION*

CLIENT agrees to cheerful cooperation and communication leading up to and at the portrait session. Laurie’s ShutterFlutter Photography does not warrant that it will provide specific images and shall not be liable if CLIENT and/or key individuals fail to appear or cooperate during the portrait session. In the event that CLIENT asks Laurie’s ShutterFlutter Photography to stop photographing for reasons including but not limited to weather, dress malfunction, tardiness, or any situation out of her control, Laurie’s ShutterFlutter Photography shall not be liable for images not taken that would normally have been taken during that time. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, and hinders Photographer’s ability to obtain quality shots.

RESHOOTS*

In the unlikely event that CLIENT is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. CLIENT is then able to order prints, or choose digitals (depending on chosen package) from the second portrait session only. If the CLIENT should be unsatisfied with the results of the second session, all monies paid will be refunded and the CLIENT will not retain any of the images. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or by not following the recommendations of the photographer. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.

ARTISTIC STYLE *

On CLIENT’S own behalf, and on behalf of the subject(s): CLIENT acknowledges that Laurie’s ShutterFlutter Photography requires and retains discretion as to how its services shall be provided (e.g. choice of poses, lighting, lenses, etc.); that CLIENT are familiar with the Photographer’s portfolio and is requesting Services with knowledge of the Photographer’s style; that Photographer’s work is constantly evolving; that Photographer’s services are of unique and artistic nature; that the images created may be different from images taken by the Photographer in the past; and that in creating the images, the Photographer shall use her personal artistic judgment to create images consistent with her personal vision of the session, which vision may be different from CLIENT and /or the Subject’s vision of the session. Accordingly, CLIENT acknowledge that the images shall not be subject to rejection on the basis of taste, esthetic criteria, or personal appearance. Laurie’s ShutterFlutter Photography images involve digital enhancement, as part of this process color, hue and saturation are adapted to create our style. Color is a subjective medium and thereof as creators of such images you agree to accept our judgment on the creative aspects of color and its use in producing your print(s). We are unable to match the exact color of any item of clothing or object. In the event that reprints are done we cannot guarantee exact color matching to your original print.

PINTEREST, SOCIAL MEDIA, ETC

If CLIENT brings ideas off of Pinterest or other Social media, etc, Laurie's ShutterFlutter Photography does not quaranteed your final image will look like said pinned (screen shoot) image. No specific pose or shot will be promised or guaranteed. Laurie's ShutterFlutter Photography will try to interrupt the image with Laurie's ShutterFlutter Photography's personal style.

CULLING*

After the portrait session, each image is put through a careful selection process, where Laurie’s ShutterFlutter Photography selects images that meet her high standards of quality. Images with eyes closed, out of focus, unflattering poses, and duplicate images are removed permanently immediately after Laurie’s ShutterFlutter Photography completes this culling process. CLIENT acknowledges that Laurie’s ShutterFlutter Photography retains complete control over the culling and editing process.

EDITING and RETOUCHING*

All images that are printed through Laurie’s ShutterFlutter Photography are retouched to Laurie’s ShutterFlutter Photography’s complete discretion. Laurie’s ShutterFlutter Photography includes basic retouching on all proof images. Laurie’s ShutterFlutter Photography includes Standard retouching on all delivered images. Basic retouching includes global corrections such as color, contrast, cropping and exposure adjustments. Standard retouching, include on all print orders and HiRz digital images, includes removal of light blemishes, eye enhancements, and complexion enhancements. Upon request the following retouching is included at no charge: removal of scratches, small cuts, and bruises; lighten under eye shadows; and removal of moles and scars. Complex types of retouching will need to be ordered at additional cost. Examples of this are such things as artist enhancements, selective color, removing braces, excessive acne, rashes, removing objects, removing glass glare, etc. Complex retouching is done at a rate of $30 (thirty dollars USD) per hour per round of revisions. Laurie’s ShutterFlutter Photography also retains complete control over which images are delivered in color and which images are delivered in black and white. Photographer has the right to refuse any requested edits to the images. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.Image enhancement is done at the discretion of ShutterFlutter Photography. If you would like particular things altered on your chosen image(s) you must state this when ordering. Failure to do so will result in extra cost.

CROPPING*

Cropping (the image appearance in your chosen print size) is a creative decision and will always be thoroughly considered with every individual image. Cropping may vary slightly from your original screen preview due to the size and format you have chosen for your final pictures

ADDITIONAL IMAGES/RAW IMAGES*

Laurie’s ShutterFlutter Photography does not guarantee a portrait minimum number of images in CLIENT'S final portfolio. Under no circumstance will Laurie’s ShutterFlutter Photography release RAW images to CLIENT. Laurie’s ShutterFlutter Photography 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 .

ARCHIVAL OF IMAGES*

Laurie’s ShutterFlutter Photography will kept images on file for 30 days following the date of your session. Print ordered images will remain on file for one year from the date of the portrait session. Additional orders may be placed during this time. A $20 fee is required to reinstate the gallery for a 15-day time period. Unordered images will be purged after 60 days from the date of the first viewing. After 60 days, if an order has not been placed, your images will be purged, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion.If purchasing digital images, Laurie’s ShutterFlutter Photography deletes all RAW images upon delivery of the final JPEG files to CLIENT. Once Laurie’s ShutterFlutter Photography delivers the final JPEGs to CLIENT, CLIENT accepts all responsibility for archiving and protecting their digital image purchase. Laurie’s ShutterFlutter Photography does not permanently archive image files.

CLIENT'S ORIGINALS*

If the Client is providing original prints, negatives, or transparencies owned by the Client to ShutterFlutter Photography for duplication, framing, reference, or any other purpose, in the event of loss or damage ShutterFlutter Photography shall not be liable for any dollar amount

INDEPENDENT CONTRACTOR*

This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.

IRREVOCABLE MODEL RELEASE*

CLIENT must execute the model release in order to book a session with Laurie's ShutterFlutter Photography, even if CLIENT elects to not to allow Laurie's ShutterFlutter Photography to share images under the PRIVACY clause.

LIABILITY*

ShutterFlutter Photography endeavors to ensure the safety of its customers, we do not accept any responsibility for loss or injury during sessions etc. 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. By signing this form, where children (under 18) are present the accompanying adult(s) must accept full responsibility.

LIMIT OF LIABILITY*

Laurie’s ShutterFlutter Photography represents that reasonable care is taken with respect to capturing, developing, processing, transporting, storing and delivery of CLIENT images. However, in the event that Laurie’s ShutterFlutter Photography fails to comply with the obligations of this contract, for any reason, including but not limited to events outside of Laurie’s ShutterFlutter Photography control (including if originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control) or Laurie’s ShutterFlutter Photography own negligence, Laurie’s ShutterFlutter Photography’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 Laurie’s ShutterFlutter Photography shall not be liable for the same. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Laurie’s ShutterFlutter Photography will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, 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 party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

INDEMNIFICATION*

To the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold harmless Laurie’s ShutterFlutter Photography, including its trustees, officers, members, directors, employees, servants and agents, against loss, damages, claims, suits, liabilities, judgments, costs and expenses without limitation, all reasonable attorneys' fees and expenses that may accrue against the indemnified party, including its trustees, officers, members, directors, employees, servants and agents which is approximately caused by the negligence or willful misconduct or any breach of representation arising from conduct, management or performance of any activities by CLIENT, CLIENT guests, CLIENT agents, or by any of CLIENT vendors. in the event any such claim is made, and upon notice from Laurie’s ShutterFlutter Photography, CLIENT agrees to reimburse Laurie’s ShutterFlutter Photography for the cost of defending such an action or proceeding, using counsel satisfactory to Laurie’s ShutterFlutter Photography. This provision shall survive the termination of this agreement.

TERMS*

For good and valuable Consideration, receipt of which is hereby acknowledged, I grant to Photographer, Laurie's ShutterFlutter Photography, her heirs, successors and assigns, my unlimited permission to license, use, reproduce and distribute images of me and/or my property, in any country, at any time, in any Media, for any purpose. Such permissible use may include but is not limited to: commercial use, personal use, advertising, trade, exhibition, competition, promotion, marketing, stock photography, product packaging, video, print, publication or editorial work. I understand and agree that my images may be altered and modified to the point where I may even be unrecognizable. My images may be combined with other pictures, text or graphics. You may even combine my name or an alias name with my images. I understand that I will have no right to inspect or approve the final use of my images or copy that may accompany it. I agree that I have absolutely no right to compensation for use of my images. I warrant I will make no claim against Photographer or his assigns for compensation relating to the use of my images. I agree that this contract will be binding not only upon me, but upon my heirs, successors and assigns as well and that this release is irrevocable and enforceable worldwide, to the fullest extent possible under the law. Any dispute relating to this agreement will be governed by the laws of the State of Minnesota, USA. RELEASE: By signing below, I hereby release, acquit, indemnify, hold harmless and discharge the Photographer, her employer, heirs, agents, successors and assigns, from any damages, actions, claims, attorney fees, costs and suits arising in any way whatsoever from the uses permitted and described more fully above that may arise in any way whatsoever from the use of my images. If any suit is brought challenging the enforceability of this agreement, I agree to indemnify Photographer or his assigns for attorney fees and expenses. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

Signature*

Simply Stated: I hereby grant Laurie's ShutterFlutter Photography and Laurie Ford, the right to use and publish photographs of myself, my family, and/or child/ren for the purpose of Facebook sneak peeks, online portfolio, display, photography magazines, online blog submissions, online photography related websites, advertising or publication to promote Laurie's ShutterFlutter Photography or Laurie Ford. I agree these images can be used by Laurie's ShutterFlutter Photography and Laurie Ford without additional compensation to the above stated.

Legal: I do hereby give ShutterFlutter Photography and Art, his or her assigns, licensees, successors in interest, legal representatives, and heirs the irrevocable right to use my name (or any fictional name), picture, portrait, or photograph in all forms and in all media and in all manners, without any restriction as to changes or alterations (including but not limited to composite or distorted representations or derivative works made in any medium) for advertising, trade, promotion, exhibition, web content, or any other lawful purposes, and I waive any right to inspect or approve the photograph(s) or finished version(s) incorporating the photograph(s), including written copy that may be created and appear in connection therewith. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.

I hereby release and agree to hold harmless ShutterFlutter Photography and Art, his or her assigns, licensees, successors in interest, legal representatives and heirs from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be produced in the taking of the photographs, or in any processing tending toward the completion of the finished product, unless it can be shown that they and the publication thereof were maliciously caused, produced, and published solely for the purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn, and indignity. I understand and agree that these materials will become the property of ShutterFlutter Photography and Art and will not be returned.

I agree that ShutterFlutter Photography and Art owns the copyright in these photographs and I hereby waive any claims I may have based on any usage of the photographs or works derived therefrom, including but not limited to claims for either invasion of privacy or libel.

Type a question*

I am signing below on behalf of a minor. I am a Parent or Guardian and competent to sign this release. I agree that this release shall be binding on me, my legal representatives, heirs, and assign.I am signing on behalf of myself and/or other adults participating in the session. I agree that this release shall be binding on me, my legal representatives, heirs, and assign.

If signing for an adult or adults, please include a adult names that are included in the model agreement.

*Consent for Minor.

Type a question*

I am the parent or guardian of the minor(s) named below and have the legal authority to execute the above release. I approve the foregoing and waive any rights in the premises.Not applicable. I am not signing for a minor.

Minor's Name

First NameLast Name

Minor's Birth Date

Minor's Name

First NameLast Name

Minor's Birth Date

Minor's Name

First NameLast Name

Minor's Birth Date

Signature*

In the event that client wishes the images to be kept private and not displayed anywhere publicly, on the Internet or otherwise, please check below. If checked, all images will be purged (deleted) after order is received.*

Images CAN be displayed online and used for advertising purpose.I DO NOT wish to have images display publicly.Images CAN NOT be displayed online but CAN BE used in studio for product display.

COPYRIGHT & IMAGE USE

The photographs produced by Laurie’s ShutterFlutter Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Laurie’s ShutterFlutter Photography’s written consent. Laurie’s ShutterFlutter Photography owns all copyrights for any and all images produced in connection with this agreement, including the right to reproduce or publicly display such images, for any personal or commercial purpose, without compensation to CLIENT or notification to CLIENT before use. Laurie’s ShutterFlutter Photography also reserves the right to publicly display the names of CLIENT As author of all images made hereunder and as provided by law, Laurie’s ShutterFlutter Photography shall retain the copyrights in perpetuity, regardless of possession or ownership, digital files, or any other format of reproduction. If there are any copyright violations by CLIENT without written consent of Laurie’s ShutterFlutter Photography, CLIENT will be charged at fifteen (15) times the published rates at the time of the violation as liquidated damages, since actual damages would be difficult to calculate. This provision is subject to the LIMITED REPRODUCTION AND PRINT RELEASE FOR PERSONAL USE and PRIVACY provisions in this contract.Should any part of the process be broken or found in violation, Laurie’s ShutterFlutter Photography is not obligated to complete the transaction of the photos.

Signature*

PRINTS AND PRODUCTS ORDERED THROUGH YOUR ONLINE GALLERY*

These Terms of Sale are applicable to your purchase of any Photos, Prints, Canvases, Albums and/or other Products with Laurie's ShutterFlutter Photography. Other than as specifically provided in any separate written agreement between you and Laurie's ShutterFlutter Photography, these Terms of Sale may not be altered, supplemented, or amended by the use of any document, such as purchase orders, and all sales are expressly conditioned upon your agreement to these Terms of Sale. In the event of any conflict between these Terms of Sale and the other provisions of the Terms of Use, these Terms of Sale will control. Laurie's ShutterFlutter Photography facilitates your purchase of Photos, Prints, Canvases, Albums and/or other Products through its relationship with outside vendors. If you purchase Photos, Prints, Canvases, Albums and/or other Products, you acknowledge that the printing of any Photos or creates of other physical medium Products is performed by such vendors and Laurie's ShutterFlutter Photography's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.

PAYMENT TERMS*

In order to purchase Products through Laurie's ShutterFlutter Photography, you are required to provide valid Payment Information. Laurie's ShutterFlutter Photography may terminate your order for Products if we are unable to process your Payment Information and you do not provide an alternative form of payment upon our request. You agree to reimburse Laurie's ShutterFlutter Photography for any and all costs incurred in collecting amounts owed by you to Laurie's ShutterFlutter Photography or one of our outside vendors, including, without limitation, attorneys' fees and costs of collection agencies. You are responsible for any taxes that you are obligated to pay or that Laurie's ShutterFlutter Photography may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Laurie's ShutterFlutter Photography reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, Laurie's ShutterFlutter Photography may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.

PAYMENT FOR PRODUCTS*

Full payment for prints or other products must be made at time of order. Work will not commence until payment has been received. You have 72 hours after payment is made, to cancel your order. After the 72 hour time period, no refunds will be given. There is a 3% transaction fee on the total purchase amount for all products purchased through Paypal or a credit card and cancelled within the 72 hour time period. After 72 hours, ALL SALES ARE FINAL. NO EXCEPTIONS. We accept credit cards through PayPal, cash, or checks made payable to Laurie’s Shutter Flutter Photography.

PAYMENT STIPULATIONS

There is a $25 fee for any returned checks. In the event of a previous returned check by client, studio reserves the right to refuse payment of checks in the future, in which case cash, money order, cashier’s check, and debit/credit will be accepted.

DIGITAL FILES*

Purchased digital files are generally delivered two to four weeks after CLIENT'S order has been paid in full. All purchased digital images include a print release to print the images at any lab of your choosing. Laurie's ShutterFlutter Photography cannot guarantee the print quality of the lab you choose. If printed at a consumer lab, photos may not print as originally intended/showcased by the photographer. Please note that Laurie's ShutterFlutter Photography is calibrated for print at our selected professional lab. Digital images purchased by the Client still remain the property of Laurie’s ShutterFlutter Photography and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be shared with other persons and may not be resold. Violators of this Federal Law will be subject to its civil and criminal penalties.

DIGITAL DOWNLOADS; SHIPPING TERMS AND POLICIES*

If you purchase Digital Downloads or it was included in your contract, such download will be made available to you upon Laurie's ShutterFlutter Photography 's receipt of your valid Payment Information. If you purchase Photo prints, Canvases, Albums or other physical medium Products, Laurie's ShutterFlutter Photography will use its commercially reasonable efforts (and our outside vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. Most Products have a TEN BUSINESS DAY LEAD TIME before they will be ready to ship to you or be ready to be picked up. Laurie's ShutterFlutter Photography is not responsible for any delays in shipping. Laurie's ShutterFlutter Photography or our outside vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification and to correction or change without notice. If the actual shipping charge is more than the amount shown in your shopping cart, Laurie's ShutterFlutter Photography will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. Laurie's ShutterFlutter Photography is not responsible for items lost by the United States Postal Service/UPS/Fed Ex or invalid addresses on order forms.

PRINTS*

Prints are available either individually or in print packages. All prints include standard retouching. Prints are generally delivered two to four weeks after Client’s print order has been paid in full. Albums may take up to 4 to 8 weeks. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print. All print fees are subject to Minnesota’s sales tax.

PRINT QUALITY*

Print surfaces may vary depending on the size and number of print(s) requested i.e. matte, glossy, lustre papers. Please note that canvas prints have natural surface imperfections and color reproduction is slightly different to the results you would achieve on photographic paper. Laurie’s ShutterFlutter Photography does not guarantee quality on reprints if you choose not to print with ShutterFlutter Photography.

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. Photographer is not responsible for orders not picked up within 30 days

INHERENT QUALITIES*

Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client is responsible for protecting and caring for his/her printed and/or digital products. ShutterFlutter Photography is not responsible for any damaged products after successful delivery of said products.

REFUND POLICY*

Due to the nature of custom photography, all sales are final. NO EXCEPTIONS. In the event that a product is defective, we will gladly accept the return of any physical Product within ten (10) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will replace the Product. Refunds are not available for Products that are not in a physical medium form (i.e., a digital download). To request a refund please contact Laurie's ShutterFlutter Photography at info@lauriesshutterflutter.com within 10 days of receipt. Please do not contact your credit card company to dispute a charge before contacting us.

PRODUCT AVAILABILITY AND PRICING*

Laurie's ShutterFlutter Photography or our outside Vendors may revise or discontinue Product options at any time without prior notice, and Products may be come unavailable even after an order is placed. All prices are subject to change without notice.

PRODUCT DESCRIPTIONS; PRICING; ERRORS*

Laurie's ShutterFlutter Photography strives to maintain accurate information in the online gallery and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Prints, Canvases, Albums and/or other Product pricing or other Studio Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color and/or brightness, please note that the actual color and/or brightness you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. Laurie's ShutterFlutter Photography or our outside vendors reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by Laurie's ShutterFlutter Photography is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing and order or otherwise, Laurie's ShutterFlutter Photography reserves the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.

ENTIRE AGREEMENT*

This document contains the entire agreement and full understanding between Laurie's ShutterFlutter Photography and CLIENT . It supersedes all prior and contemporaneous agreement between the parties. Any modifications to the agreement shall be made in writing and signed by all parties.

MISCELLANEOUS TERMS*

Failure by Laurie's ShutterFlutter Photography to exercise any provision, right or portion of this agreement or enforce any portion of this agreement shall not be deemed a waiver of any right contained in this agreement. - The agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. - Any such suit shall be filed in Wright County, Minnesota. - No party may assign this contract without all other parties’ written permission. - If one clause of this agreement is found to be invalid, illegal, or unenforceable, the parties desire that the remainder of the agreement, other than the provision determined to be unenforceable, remain in full force and effect. - If there is a conflict between the provisions of this agreement and any other agreement, the provisions of this agreement will control.

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BY SIGNING THIS CONTRACT, ALL PARTIES AGREE TO ALL TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, INCLUDING THE NON-REFUNDABLE NATURE OF THE RESERVATION RETAINER AND ALL OTHER PAYMENTS MADE.

Signature*

Portrait and Model Agreement

Model Release

COPYRIGHT & IMAGE USE:

TERMS OF SALE