A. Session Fees
Client agrees to pay a non-refundable fee of $75 for a session with "Santa." The Client agrees that this fee is earned by the Photographer when paid, and is remitted in consideration of the experience, reputation, and skill of the Photographer and the Photographer's inability to schedule another client during the selected time slot. The fee covers the time and talent of photographer, basic retouching and creative editing of images as determined by the photographer, images to be downloaded by the client, and a print release. Additional editing is available at the rate of $20 per digital file. Once the photos have been edited, client will receive a link to an online gallery where they may select and download their digital images. Client will receive a minimum of five (5) digital images from their/their child's session.
B. Reservation and Late Arrival
Once the client has paid the fee and submitted the online form, the Photographer will reserve a spot within the 1 hour time slot selected by the client. Client may arrive at any time during their selected time slot and will be photographed on a first come, first served basis. Late arrivals will be worked into the selected time slot OR the time slot immediately following the reserved time slot at the photographers convenience. There will be no refunds due to late arrival or failure to appear on the part of the client. Further, there will be no "make up" sessions, or rescheduled sessions.
C. Guaranteed Delivery
Photographer agrees to have the digital files for the photo session completed within 14 days. We do not want to feel rushed to complete orders shorter than this timeframe. We request that clients refrain from emailing asking when orders will be completed.
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 or CD. After the two (two) month time period, client shall incur a $100 unarchival fee should they request additional digital files or editing.
F. Product Orders
Print products will be available for order at the session and immediately after the session and will adhere to the following timeline:
- Prints shall take two (2) weeks from time of print order to be processed and delivered to the Client.
- Canvases, Float Wraps, and Image Folios shall take three (3) weeks from time of print order to be processed and delivered to the Client.
- Announcements and Holiday Cards shall take two (2) weeks from time of design approval by the Client to be received by the Photographer.
Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this Contract.
G. 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.
H. Liability
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children, themselves, and their property, and release photographer from any claims against their person or their business or their studio.
I. Copyright & Penalty
Buie 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 ElleBurr Photography during client’s photo session. When uploading to social media, please be sure to credit the photographer.
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.
L. Jurisdiction and Venue.
The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Louisiana with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State any action may be commenced, this Agreement shall be deemed to have been made in such State, and shall be governed by and construed in accordance with the laws of such State.