This agreement is made effective for all purposes in all respects as of today by and between Pamela Gwen Photography, hereafter referred to as the “photographer” and client as stated below, hereafter referred to as the “client” relating to the event detailed below, hereafter referred to as the “session”.

1 - Retainer Fee & Session Fee. In order to reserve your session, a retainer fee must be paid at the time of booking. Retainer fees are nonrefundable and will be applied to the total cost of your session fee. Your session is not booked until your retainer fee is paid and your contract is signed. The remainder of the balance MUST be paid the day prior to your session and absolutely no later. There will be a $10 DAILY late fee for every day that your session balance is paid after your session date. The session fee covers the session time, the talent of the photographer, after session editing and the delivery of an online password protected gallery. Prints, products, CDs, USB drives and extra digital files are sold separately.

2 - Payments. All payments, whether made for retainer fees, sessions fees or prints/products are nonrefundable. Payments may be made via PayPal, cash or Apple Pay. Checks are not accepted for any payments.

3 - Session Cooperation & Punctuality. The client and the photographer agree that cooperation and punctuality are essential to complete the session. Shooting starts at the scheduled start time and ends at the scheduled end time. If the client does not arrive at the scheduled start time, the session will still end at the scheduled end time. The photographer is not responsible for the cooperation of any and all participants taking place during sessions (such as children). Re-shoots are at the photographer's discretion. There will be a $75 fee per re-shoot in addition to your session fee. If a re-shoot is scheduled, your session fee is due at the time of your initial session, not at your re-shoot session.

 

4 - Cancellation & Rescheduling. In the event of an illness or emergency, please contact the photographer as soon as possible to reschedule your session. Pamela Gwen Photography maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc. Requests for rescheduling or re-shoots are granted only at the photographer's discretion. A no call/no show or a cancellation the same day of the session will result in a forfeited retainer fee. The photographer will not reschedule in this case.

Pamela Gwen Photography reserves the right to refuse or cancel service at any time as such a client/photographer or potential client/potential photographer relationship is deemed irreconcilable.

 

5 - Travel & Additional Fees. The client is responsible for covering additional fees and costs related to location choice (admission fees, parking, etc). Travel up to 15 miles from 46310 is included. There is an additional $1 per mile for beyond the 15 mile radius. Time and travel as discussed will be invoiced and paid prior to the session.

 

6 - Electronic Devices. Electronic devices such as point & shoot cameras, DSLR cameras, cell phone cameras and camcorders are not permitted during sessions unless prior arrangements have been made between the client and photographer.

7 - Images. The photographer is not liable to deliver every image taken at the session. The determination of images delivered to the client is left to the discretion of the photographer. "Sneak peeks" are not guaranteed for any session and are at the disrection of the photographer. The turn around time on receiving your completed gallery is a minimum of 2 weeks and can be up to 6 weeks. (What this means is that it may be up to 6 weeks until you receive your completed gallery.) Sessions in June, November and December may experience extended gallery turnaround times due to vacations and holidays. Upon receipt of your gallery, you accept all responsibility for the archiving of your photos. Pamela Gwen Photography does not permanently archive files and is not responsible for the lifespan of the images. After 6 months, all images will be purged from the photographer’s hard drive, except as needed for promotional purposes. Images will remain in an online gallery for 14 days. Once the gallery has expired, there will be a $50 fee to reopen the gallery. Pamela Gwen Photography does not provide, present or sell RAW or unedited images. A print release will be provided to allow printing of any size for personal use only. 

It is understood that cooperation of any and all participants is essential in producing the promised amount of images for each session. Re-shoots will not be offered due to uncooperative participants. Photographer shall not be responsible for photographs not taken as a result of client’s failure to provide reasonable assistance or cooperation.

8 - Modifications. In order to control the quality of the work produced, Pamela Gwen Photography is the only one who can modify any image produced from this session. Alteration of images in any way is strictly prohibited, this includes but is not limited to any edits, filters, cropping or screen shots. If the client has a request for a small alteration of an image, please let the photographer know. Please make sure to wipe your child's/children's face(s) and nose and check for any crust/crumbs, dirt, boogers prior to the start of your session. The photographer can address minor changes at no cost (fix blemishes, tighter crop, etc.), but more involved requests will be billed at $25/hour. The photographer will let you know if there will be additional charges before work begins. All modifications will be invoiced and must be paid before modifications begin. Once the requested changes are made, charges apply whether the final product is purchased or not.

 

9 - Prints. To ensure the best print quality, prints should be ordered from a reputable lab. Local printers and one hour labs cannot process the large files nor do they possess the ability to print in the correct color range. The photographer is not responsible for printing errors or for the quality of prints or products printed anywhere other than through Pamela Gwen Photography. You may purchase individual prints, print packages and products through me.

 

10 - Responsibility. In the unlikely event that files have been lost, stolen or destroyed for reasons beyond the photographer's control including, but not limited to, camera, hard drive, memory card and/or equipment malfunction, the photographer will schedule a re-shoot that is the equivelant to the original shoot.

 

11 - Damage. Client agrees to be responsible for any damage occurring to any of Pamela Gwen Photography’s equipment or property during or as a result of the event or the actions of any session attendees, or as a result of any condition or occurrence at an on-location session which results in damage, other than damage which results solely from the photographer's negligence.

 

12 - Model Release. The photographer reserves the irrevocable and unrestricted right to use and reproduce all images created during this session to promote business including but not limited to website, portfolio and marketing displays. Client agrees that the images can be used without additional compensation to the photographer. Client waives any right to review or approve the images, the use of the images or the matter that they may be used in conjunction with the images now and in the future, regardless of whether that use or matter is known to them.

By signing, client agrees that they have legal authority to grant these permissions and that they accept all responsibilities for such. Client also understands that this agreement will be binding on you, your spouse, your children, legal representatives, heirs, successors and assigns.

 

13 - Allergies. It is the responsibility of the client to inform Pamela Gwen Photography of any allergies upon booking. The photographer will not be held liable in the event that a child is found to be allergic to any of the ingredients used to make the cake. If your child has a food allergy, you must inform Pamela Gwen Photography at the time of booking. Pamela Gwen Photography has the cakes professionally made by a third-party baker. Items may contain or have come in contact with nuts.

 

14 - Copyright. All images are property of Pamela Gwen Photography. Reproduction without consent from the photographer is unlawful and strictly prohibited. It is illegal to use or redistribute these images for profit, commercial endeavors, professional display or in competitions (such as Facebook contests) without the photographer's permission. The photographer retains the copyright to all images. Copying, scanning and screen capturing are all considered copyright infringement and stealing, regardless of the intent of use, and are punishable by law. Violators of this Federal Law will be subject to it's civil and criminal penalties. Although the images may be of you, your child or your family, the photographer still owns the copyright.

The photographer retains the copyright of all images created during the session and reserves the right to use and reproduce them to promote business including, but not limited to, website images, publication and marketing displays. If you prefer your images not be used in these ways, please inform Pamela Gwen Photography and an amended contract will be provided allowing you to decline.

All credit for images will be given to Pamela Gwen Photography, including any posting of the images on the internet.

 

15 - Liability. I acknowledge that participation in this session exposes me and/or my children/family to possible risk of personal injury. By signing this, I understand and agree that I will never at any time prosecute or bring to suit any actions against Pamela Gwen Photography. All causes of actions, claims, lawsuits and/or demands are hereby waived by me. I also understand that this agreement will be binding on me, my spouse, children, legal representatives, heirs, successors and assigns.

I will not hold Pamela Gwen Photography liable for any accident or injury that might occur at or during the session. With my signature, I hereby release Pamela Gwen Photography from any and all liability from property damage, personal injuries or any other claims that may arise from or in connection with my participation in this session.

 

Entire Agreement. This agreement contains the entire understanding between the photographer and the 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 parties. If the parties want to waive a provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one session with Pamela Gwen Photography.