1. OVERVIEW. Photographer will provide Client with photography services on the session date (TBD) at the agreed upon location within greater Cincinnati area for up to 1.5 hours of photography time. This time frame will be referred to as the session.
2. SESSION FEE. Client must pay the session fee in full prior to the session. Session fee includes 20 edited, standard resolution digital images delivered as JPG files via digital gallery. Prints and products are sold separately. Extensive editing, above and beyond standard editing, is available at additional expense to be determined by photographer.
Client will be presented with proofs within 2 weeks of the portrait session. Fully edited images will be delivered within 2 weeks of the client selecting their images from the proofing gallery.
Photographer will back up selected and ordered images for up to 1 year. Images not selected/ordered during the Ordering Appointment are removed from photographer's computer and external storage 30 days after the Ordering Appointment.
3. PAYMENT. Session Fee is due in full prior to the session taking place. All order payments for prints, products, and digital images are due in full before order will be fulfilled. If Client has arranged a payment plan, order will be fulfilled after the final payment has been received.
4. LOCATION COSTS & FEES. Sitting Fee includes 1 location within 30 miles of zip code 45236. Photographer will work with Client to determine a location to fit needs and vision. Any location outside of these limits will be subject to an additional charge of $.55/mile as part of the agreement.
If there are any costs/fees (admission, parking, etc.) associated with the location Client chooses for their session, Client will be responsible for those fees. Photographer will not guarantee or arrange payment on any location.
5. RESCHEDULING. Client is to notify Photographer at least 48 hours prior to session date if there is a need to reschedule. If the weather is not agreeable on the session day, Photographer will work with Client to reschedule to another available day. If any family member that is to be photographed becomes ill, Client is to call Photographer as soon as possible to reschedule.
Should Client fail to give 48 hours notice, decide to cancel the session within 48 hours, or fail to show up for the session without prior communication, the Sitting Fee is forfeited and will not be refunded. Photographer will work with Client to reschedule the session up to 2 times, after which the Client forfeits the Sitting Fee.
Photographer reserves the right to reschedule due to illness, inclement weather, equipment malfunction, or other circumstances beyond their control.
6. RE-SHOOTS/REFUNDS. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the Photographer. Re-shoots are determined at the discretion of the Photographer.
Photographer reserves the right to refund any paid monies for any reason.
7. ARCHIVE. After one (1) year, images may be purged from Photographer’s hard-drive, except as needed for promotional purposes, at the discretion of the Photographer. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond Photographer’s control. Client is responsible for backing up their ordered images.
8. COPYRIGHT. The Photographer retains all copyrights to all images created during Client’s session. The print release is included with digital files to print portraits for personal use and personal social media sharing. The print release does not allow Client to publish their portraits (i.e. entering in contests), sell or alter the images without the Photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by the Photographer during the Client’s session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If Client steals images via any method listed above, or any other method, Client will be invoiced for the cost of each digital image stolen, at Photographer’s current price per digital file. The Photographer is not responsible for final quality of images that are not printed through their selected professional photo lab.
9. LIABILITY. Client agrees to hold harmless the Photographer from any dispute in the event the Client or Client’s children become injured during the session. The Photographer will not be held liable for any injury incurred by the Client, Client’s family, or other participants or any damage to Client’s property during the session. In no event shall the Photographer be liable for any emotional harm to Client or any other party resulting from Photographer’s services. Responsibility and liability is limited to the return of all monies paid.
The 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 Photographer materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer, responsibility and liability is limited to the return of all monies paid, or a reshoot can be rescheduled at the Photographer’s discretion. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total Sitting Fee amount, based on the percentage of originals lost or damaged.
If the Photographer cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to Photographer’s illness or emergency, or due to any other reason, then the Photographer’s liability shall be limited to a full refund of all monies paid by the Client. If session can be postponed, Photographer shall work with Client to reschedule. If Photographer determines to refund all monies paid by the Client, Photographer shall no further liability with respect to the Contract.
Client is aware that color dyes in photographic products may fade or discolor over time due to the inherent qualities of dyes and the environment in which the products are kept. Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
10. MICELLANEOUS. No cameras/camcorders/any type of recording device (including cell phone cameras) are allowed during the session unless prior arrangement and written agreement has been made between Client and Photographer. The Photographer will not continue if there are other cameras or videotaping during the session. This is distracting to the Client(s) and the Photographer.
All sessions are for immediate family only.
Session starts at the agreed upon time. It is strongly encouraged that Client arrives 15 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.
Entire Agreement. This document serves as the contractual agreement made between Photographer and Client and will become effective upon Client signature. The agreement incorporates the entire understanding of the parties and is governed by the laws of the State of Ohio.
Severability. If any provision of this Agreement is held in whole or in part to be unenforceable or waived for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
Modification. Any modifications of this Contract must be in writing and signed by both parties. Changes to this agreement may incur additional charges.
Indemnity. If either party is sued or otherwise subject to legal burdens or losses as a result of this Agreement and the actions of the other party of this Agreement, then the other party agrees to indemnify the burdened party.