Your session fee includes:
-Up to 60 minutes of photography at the Maggie Jill Photography Studio
- An online viewing gallery of 20-30 soft proofed images
-Full editing of high resolution images selected and purchased by The Client
-Access to a Professional Print Lab
The Session fee is due within one week of booking your session to secure your session date. By signing this contract you are agreeing to pay the session fee to ensure your date.
By signing this contract you are also agreeing to the following:
No images or products shall be provided before payment is made in full.
Cameras, including cell phone cameras, and recording devices may not be used during our session.
There is no guarantee of the number of images presented from a session. Many factors contribute to this, including the cooperativeness of the subject.
As an artist, The Photographer reserves the right to artistically interpret what she sees and in what way she chooses to photograph a scene. This may mean that some shots are color, some are B&W. Images presented to the client are the only images available.
If the subject is a minor you are certifying that you are legally able to give consent for the minor child.
Maggie Jill Photography may use such images with or without your name for any lawful purposes, including but not limited to publicity, illustration, advertising, and web content.
Due to the artistic nature of custom photography all sales are final.
Terms and Conditions:
- Retainer Fee and Payment. The Client shall pay the retainer fee upon booking a session. The balance must be paid prior to receiving the final edited images. Both fees are payable via cash, check or PayPal.
- Shooting Time. The client agrees that punctuality is essential to the success of a session. Shooting commences at the scheduled start time and ends at the scheduled end time. If the Client does not arrive at the appointed time for the session, the number of minutes late will be deducted from the end of the session and the end time will remain the same.
- Cancellation. Cancellations are accepted up until 2 weeks prior to your scheduled session, and you may use your session fee towards another session within 12 months. If a cancellation is made less than 2 weeks from your scheduled session, your retainer fee is forfeited.
- Proofs. The Photographer will deliver an online gallery of soft proofs to The Client within one week of the session via an online gallery. The Client understands and agrees that these proofs are the exclusive property of the Photographer and The Client has no right to these photos except to review them and select the final images for purchase. The Client agrees not to save, screen shot or disseminate these proofs. The online gallery of proofs will be available for one week from the date posted. If the Client wishes to extend the online gallery of proofs for any reason an additional $25/per week will be charged. If The Client has not selected their images and made final payment within 30 days of the session date, all images will be destroyed and any payments already collected by the Photographer will NOT be returned.
- Turnaround Time. Final edited images will be available for download approximately 2-3 weeks after final payment has been received. Although this is approximate, The Photographer will make every effort to provide images within this timeframe and will notify The Client if for any reason there will be a significant delay.
- File Storage. The Photographer's workflow includes external drive storage to safeguard client images. 90 days from the date of the session, all images will be purged from photographer’s systems, except as needed for promotional purposes, to be determined by photographer at their sole discretion. The Photographer is not responsible for loss or damage to the digital files due to circumstances beyond their control. It is advised that clients take proper measures to back up images immediately upon receipt which may include offsite backup, USB storage in a fireproof safe, or an online storage system to avoid loss from natural disasters and/or technology failures.
- Allergies. Cakes for the Cake Smash session are made by a third party. It is the responsibility of the client to inform the photographer of any allergies upon booking. The photographer will not be held liable in the event that a child is found to be allergic to or sick from any of the ingredients used to make the cake.
- Copyright. The Photographer shall own the copyright of all images created.
- Clients Usage. The client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. When sharing images on any social media sites, credit must be given to the Photographer. The client may not alter the images in any way including but not limited to filtering, cropping and converting to black and white, even for personal use.
- Failure to Perform. If the Photographer cannot perform this Agreement due to a fire or other casualty, act of God or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the retainer to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order.
- Photographer’s Standard Price List. The charges in this Agreement are based on the current fees. The fees are adjusted periodically and future sessions shall be charged at the prices in effect at the time when the session is booked.
- Miscellany. This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of Massachusetts.
Release and Waiver of Liability during COVID 19:
I AM AWARE THAT PARTICIPATION IN THIS SESSION MAY INVOLVE INTERACTION THAT COULD POTENTIALLY LEAD TO INJURY, SICKNESS OR EVEN DEATH. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES AND INTERACTIONS WITH KNOWLEDGE OF THE DANGER INVOLVED AND AGREE TO ASSUME ANY AND ALL RISKS OF BODILY INJURY, DEATH, PROPERTY DAMAGE, OR OTHER LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH MY PARTICIPATION IN THIS ACTIVITY. I AM EXPRESSLY ASSUMING THE RISKS ASSOCIATED WITH THE CURRENT COVID-19 PANDEMIC AND CONTINUE THIS ACTIVITY AGAINST CENTER FOR DISEASE CONTROL AND/OR GOVERNMENTAL DIRECTIVES.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
I hereby waive, release and forever discharge PHOTOGRAPHER (“Released Parties”) from any and all claims I may have now or arising in the future related to my participation in the photography session. I covenant and agree not to sue any Released Parties for any such claims. I hereby waive, release and forever discharge the Released Parties from all of the following (the “Claims”): any and all claims, liabilities of every kind, demands, damages (including direct, indirect, incidental, special and/or consequential), losses (economic and non-economic), and causes of action, of any kind or nature, which I have or may have in the future (including court costs, attorneys’ fees and litigation expenses), that may arise out of, result from, or relate to my participation in the session or my travel to and from such activities . I understand and acknowledge that these Claims include, but are not limited to, causes of action for death, personal injury, partial or permanent disability, negligence, and property damage or theft; causes of action relating to the provision of first aid, medical care, medical treatment, or medical decisions; and claims for medical or hospital expenses, including medical transportation services. I understand and agree that the foregoing waiver, release and discharge applies even if the Claims are caused by the negligent acts, omissions, or carelessness of any Released Parties. I understand that this waiver, release and discharge operates for myself as well as on behalf of my spouse, children, parents, guardians, heirs, next of kin and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on my behalf. I further agree to indemnify and hold harmless all released parties from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from my participation in the activities provided by the released parties, my travel to or from such activities.
This waiver shall remain valid unless expressly revoked by the participant or parent or guardian of a minor, in writing, with receipt acknowledged by the released parties.