This agreement is entered into between Amy Clarke/Amy Clarke Photography, hereinafter known as the Photographer, and the client signing this agreement, hereinafter known as the Client.
For Consideration herein acknowledged as received, and by signing this release I hereby agree to the following.
Photography Session Agreement
• I agree that I will pay all session fees in full prior to the date of my session unless other arrangements have been made and agreed upon with the Photographer. Payments can be made online via PayPal using credit, debit or an existing PayPal account or in person with cash only. A PayPal account is not required for online PayPal payment.
• I understand that my deposit of $150 ($500 for birth sessions) is non-refundable. The Photographer is reserving/booking a session date for my child or due date and will not be able to make another reservation for that time. Full payment is required to be made prior to 33 weeks gestation for birth photography sessions.
• I understand that sessions, images, and prints are non-refundable.
• I am aware that sessions are allotted a certain amount of time depending on the session type (as outlined on the Investment page available publicly.) I agree that my session will begin and end at the designated and agreed upon times whether I am present or not. Newborn sessions begin at 10am and end at 1pm. Other types of sessions are booked around availability.
• I understand that the Photographer will decide which images to complete from my photo session. I will be provided with approximately 40 images for birth photo sessions, 20-25 images for newborn, 15-20 images for baby sessions, 10-15 images for maternity and cake smash sessions. Images are fully edited.
• I understand that by purchasing a session I am receiving images in digital format that will be available for download following signing a Digital Image Agreement. Products and prices vary and may change without notice for printed items that are also available to you for purchase. I am under no obligation to purchase further items.
• Additional edited images beyond those that the Photographer has chosen to present can be requested for viewing for a fee of $20 per image. The Photographer choses images that best represent a high standards for quality of work and will always select a variety of images for you. Some images taken during the session are excluded from the gallery to be presented if they do not fit the Photographer's criteria for selecting images.
• I understand that the Photographer makes no guarantee of poses or images taken during the photo session as every model will tolerate posing differently. In some circumstances the number of images will be less than averages outlined due to poor cooperation of models. The Photographer’s primary concern during sessions is the Client and model’s safety and well-being and has right to refuse any image or pose he or she feels unsafe.
• I understand that the Photographer will offer available session dates once my baby has arrived or I have booked my session. The Photographer works with a very tight schedule to accommodate advanced and guaranteed reservations to Clients and only certain dates will be available once babies arrive during the week. The Photographer is available Monday - Friday for sessions but cannot guarantee certain dates are available due to having to photograph babies all within a small window of time (under 14 days of age) for newborn sessions and may be required to be available for birth photo sessions. At times your baby might need to be slightly older for their session based on available dates and volume of babies arriving - this will not have any negative impact on your session.
• For out of town Clients (not in the Windsor/Essex area) in a situation where the Photographer will be traveling to photograph sessions - The Photographer reserves the right to cancel any travel plans or sessions at any time if a situation arises and the Photographer feels need to. This is including but not limited to illness, family illness, weather, travel issues, other personal reasons. In the situations where the Photographer needs to cancel sessions for whatever reason your full deposit or session fee you have paid will be refunded as soon as possible.
• For birth photography Clients in a situation where the birth occurs quickly or with an unanticipated c-section and the Photographer was not able to be present to photograph the full birth, an in-hospital documentary style session will be substituted to capture your baby’s first hours. Birth photography sessions are non-refundable due to the Photographer requiring to be on-call for a length of time waiting for your baby’s arrival. Due to being on-call, the Photographer significantly limits the number of other sessions made available to potential Clients to ensure every attempt is made to be available and preset for your baby’s birth.
Confidentiality
• I agree that any methods, techniques or items used in the studio and photography session are to remain private and confidential at all times. This includes, lighting, props, baby soothing techniques for sessions, set-ups, equipment, etc. The methods used by the Photographer are a result of numerous years of practice and education and are not to be disclosed to anyone or used by the Client. This includes opening a photography business.
• I agree that I am NOT a photographer, I have not previously been a photographer and I have no desire to become a photographer. If I am, I agree to disclose this immediately.
• I understand that any confidentiality violation or theft of intellectual property will be dealt with in a legal setting.
Model Release
• I give the Photographer my permission to license the Content and to use the Content in any Media for any purpose which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. For birth photography Clients - the Photographer chooses images to be made viewable publicly that are tasteful in nature (no full nudity unless agreed upon prior to making images public.)
• I agree that I have no rights to the Content, and all rights to the Content belong to thePhotographer. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to Photographer.
• I agree that the mentioned photographs and any reproductions shall be deemed to represent an imaginary person, and further agree that the Photographer or any person authorized by or acting on his or her behalf may use above mentioned photographs or any reproductions of them for any advertising purposes or for the purpose of illustrating any wording, and agree that no such wording shall be considered to be attributed to me personally unless my full name is used. First names may be used in association with images unless otherwise agreed upon.
• It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the Photographer and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used.
• I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this agreement.
Liability Waiver
• The Client agrees not to hold the Photographer liable for any damages to his or her property or belongings.
• The Client also agrees not to hold the Photographer liable for any personal damages, injury, or death to the Client, model, children of the Client or guests present at any photo session.
• The Client does not hold the Photographer responsible for any equipment malfunction that could arise. All attempts will be made to rectify a situation or use backup equipment during a session. Although very rare, malfunctions can occur with camera memory cards where photos taken during a session may not be able to be accessed. It is understood that a situation such as this one is not preventable and my images are never guaranteed. A reshoot will be offered if this unfortunate event takes place. For birth photography moments that are not able to be accessed, the Photographer will offer a free newborn session. It is always advisable to take some images of your own during situations where a reshoot is not possibile (a birth, wedding etc) to ensure you have some captured images.
This entire agreement includes the model being photographed and their parent(s) as well as, but not limited to, any additional family members, siblings, or other guests of the Client present during the session.