AGREEMENT TERMS & CONDITIONS
PAYMENT: The Client will pay the Photographer the total fee specified in the invoice they receive from Photographer. The total fee will include the session fee as well as mileage and sales tax as specified below. The session fee includes only select digital products as described below. Additional prints and products can be purchased at current pricing through the online gallery when photos are ready. The session fee includes the photographer’s time and talent, pre-session consultation, post-session editing, online gallery hosting, order preparation and fulfillment, and custom design work. All session fees and products are subject to 7.875% MN state and local sales tax. For photography sessions beyond the city limits of Marshall, MN, the Client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the rate of $0.50 per mile and will be clearly presented on Photographer’s Invoice to the Client. The total fee presented on Photographer’s Invoice to the Client is payable now by credit card or at the time of the specified session unless otherwise outlined below.
SESSION PROOFS: Digital proofs will be available within 2 weeks unless Photographer advises Client otherwise. Client will review and select images for purchase. Current a la carte pricing applies to any additional products purchased. Online photo galleries are located at www.heidiswansonphotography.com. Photographer retains the right to edit the photographs as she sees fit based on experience and exertise and omit any image(s) that do not meet her standards. Client will view only the final edited images.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client - twenty-four hours (24) notice of postponements or cancellations is appreciated. 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.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait session the session can be rescheduled at the original portrait session fee, including an additional $25 deposit which can be used as a print credit at the reveal and order session.
Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which 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. 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. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Heidi Swanson Photography ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all imagescreated under this agreement. The Photographer retains these rights even if image files are turned over to the Client.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Heidi Swanson Photography" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
LIMIT OF LIABILITY: Photographer takes the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer 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, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, 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.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proofs. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.
IMAGE STORAGE: Client's online proofing gallery will be available for 30 days. If client requests the gallery to be reopened after 30 days a fee of $25 will be invoiced to the client. Photographer will retain final session images on file for one year from the date of the portrait session.
INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Heidi Swanson Photography.
MODEL RELEASE: Client irrevocably authorizes Heidi Swanson Photography to use photographs of client and or client's property and authorize him/(her/their and his/her/their assignees), licensees, legal representatives and transferees to use and publish (with or without client's name, company name, or with a fictitious name) photographs, pictures, portraits or images herein described in any and all forms and media and in all manners including composite images or distorted representations, and the purposes of publicity, illustration, commercial art, advertising, publishing (including publishing in electronic form, Facebook, Instagram, other social media or internet websites), for any product or services, or other lawful uses as may be determined by the photographer or studio name here.
Client further waives any and all rights to review or approve any uses of the images, any written copy or finished product
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.