ENTIRE AGREEMENT: This agreement has been freely negotiated and contains the entire understanding between Growing Wings (GW) and the Client.  It supersedes all prior and simultaneous 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.  Likewise, if any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected and the other provisions of the agreement shall remain in full force and effect.

CLIENT WILL RECIEVE:

• Your videography session includes up to 2 hours of coverage.
• A final film lasting approximately 5 minutes
• Licensing of all music used to create your video (to be chosen by GW)
• A minimum of 15 lifestyle, edited images
• Digital downloads of the finalized, edited film and images

A LA CARTE OPTIONS:

• A minimum of 50 lifestyle digital images
• USB drive containing the final video file

PAYMENTS

The fee for services of the Growing Wings for the birth session is $995.00.  This can be paid in full or payments, but final payment must be made before any images or video clips are shared or given to the Client.

 

Unless both parties agree to an adjustment, the payment policy is:

• A $500.00 retainer fee reserves your session [see refund policy below]
• Final payment is due 7 days before the event.  No images will be edited or released until the session is paid in full.  [see refund policy below] 

Initial below to confirm your agreement to the session fee of $995.00 plus any additional add-ons selected above.  

REFUND & CANCELLATION POLICY

If at any point you decide to cancel your session, any fees paid to that point are non-refundable and non-transferrable, being agreed that fees paid to that point cover the limited spot that was held for you, but there will be no further charges.  Cancellations should be in writing.  You will receive a confirmation that the cancellation was received.   

SUBSTITUTION

GW may substitue another photographer to take the photographs in the event of illness or scheduling conflicts.  In the event of such substitution, GW warrants that the photographer taking the photographs shall be a competent professional.

PERMISSIONS

Client assumes all responsibilities for obtaining any necessary permissions, clearance permits, etc., which may be required for GW to videotape each event, public or private.  Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of, or inability to use, such camera positions.  The Client warrants that he/she has the legal rights to anything GW will videotape, including photos, musical recordings, videotapes, or any other materials delivered to GW for inclusion in the Client's film.  The Client agrees to indemnify and hold GW harmless for any loss, damage, or liability for infringement of any rights arising from the use or sale of the films the Client hires GW to produce, edit, or duplicate.  

CREATIVE LICENSE

The Client has viewed samples of GW's video work and hereby grants full editorial and production control to GW regarding all aspects of the production and post production services for the event.  Whether a particular segment of the event is either not recorded, partially recorded, or not a part of the edited master tape is at the sole discretion of GW as the exclusive producer of the event video recording.  Changes requested to the final film after delivery to the Client are charged at a rate of $85 per hour, with a limit of 3 hours of additonal editing.  Photographs are edited at GW's discretion, and delivered images and/or films, either as prints or digital files, will not include all photographs or video clips taken.  GW reserves the creative right to edit and release only those deemed creditable as professional in quality and within GW's artisitic standards and those photos and films will be considered the finished product.  Some images and/or video will be erased because they are duplicates or substandard.  This is done at GW's discretion.

PHOTO STORAGE, BACKUP, PRINTING

Once you have been sent your digital files, storage and back up of photos and videos becomes the Client's responsibility.  You will have one week to confirm that all files are able to be opened and viewed.  After the 7 days have passed, GW cannot guarantee your images or video will be stored for any duration.  Because the images may not be retained, GW stresses the importance of copying/backing up the digital files you are given to multiple locations and in additonal formats such as online or on a hard drive.  GW is not responsible for the failure of a disc or thumb drive due to mishandling.  Digital media will change over the years and you are responsible for ensuring your images are stored on new media as required over the years.  GW highly recommends you use a professional printing company, such as MPix.com, Persnickity Prints, or Thomspon Photo to ensure high quality and correct colors in your prints.  

LIABILITY

If GW cannot perform this Contract due to fire or other casualty, strike, act of God, or other cause beyond the control of both parties, or due to GW's illness or emergency, then GW shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract.  In the unlikely event of a total photographic or equipment failure, videographic 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 GW, or if there is cancellation of this Contract by either party or in any other circumstances, 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.  In the event GW fails to perform for any other reason, GW shall not be liable for any amount in excess of all monies paid.  The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.  

COPYRIGHT 

All video masters and raw footage remain the exclusive property of Growing Wings.  GW will choose family friendly images/video footage to be added to our portfolio, displayed on the website, or used in business advertising.  You will have limited printing rights to the digital images, but Growing Wings owns the original copyright to the photos.  You cannot alter the films, photos, or digital images that are provided to you as a result of this Contract.  You cannot enter the photos or films into contests, or use the images or films to make a profit, or print them in magazines or other publications.  It is illegal to copy or reproduce these photographs or videos elsewhere without GW's approval, and violators of this Federal Law will be subject to its civil and criminal penalties.  

MODEL RELEASE

The signing of this Contract by the Client constitutes a commercial model release by the Client to Growing Wings.  GW shall have the right to make reproductions of the images and video footage and to use any images or films for display in Growing Wing's portfolio, for promotion of GW's work, in GW's website, for advertisement/marketing by Growing Wings, and professional competition without further release.  Client waives all claims, rights and remedies, including but not limited to the tort of invasion of privacy, due to any reproductions or use of the images or films of GW.  

I HAVE READ, UNDERSTAND, AND AGREE TO THE POLICIES OUTLINED IN THIS AGREEMENT.   THE TYPING OF MY NAME IN THE BOX BELOW CONSTITUES MY SIGNATURE.