C O N T R A C T
This agreement is between June Pearl Photography (Dorota Kishel) and the Client.
Please read the following agreements.
1. Session Fee & Deposits
Retainers/Deposits are NON REFUNDABLE.
Only if the photographer fails to appear at the specified time and location, the deposit shall be refunded in full to the Client. In an unforeseen event such as illness or inclement travel weather, the session shall be re-scheduled for a convenient time for both parties. The Client must provide a minimum of 48 hours notice in order to reschedule their session. Rescheduling will be dependent on The Photographer's current availability. If the Client cancels their session and fails to provide 48 hours notice for whatever reason, a new non-refundable retainer will be required to book and reschedule their session.
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The Deposit/Retainer must be paid in full at the time of booking to reserve your session date, with final balance due AT THE BEGINNING of each session.
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The Retainer/Deposit is non-transferable within the 30 days prior to your original scheduled session date/due date. Deposits are paid to reserve a specified session and date/due date. During this 30 day time frame, sessions may be rescheduled to a different date but not transferred to a different type of session.
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All rescheduled session must take place within 90 days of the original scheduled session date.
2. Digital Rights & Resolutions
The Photographer retains copyright to all photographs, and hereby grants the Client unlimited but non-exclusive rights to print, use or reproduce the photographs if clients purchase FULL resolution Digital Files. Client may not sell the photographs in print or digital format for profit. Client must have written consent from the photographer if they would like permission to enter photos into any sort of competition including but not limited to online photo contests.
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The Client may not copy, screenshot, edit or reproduce any photos shared by the Photographer in client online galleries or social media sites. Clients may not screenshot any photos and share screenshots via social media. Digital files purchased by the client may not be edited, cropped or changed in any way. All professionally edited photos purchased and downloaded by the client may be shared online via social media. Photo credits are always appreciated.
June Pearl Photography does not provide RAW images for purchase or downloading under any circumstances.
3. Session Conduct, Requirements & Late Arrival
The client shall arrive on time for the scheduled session at the agreed upon time. In the event that the client is late, that time shall be deducted from the session time. If the client is more than 30 minutes late to their session, the photographer has the right to reschedule their session, which will incur a 50% (current deposit/retainer) reschedule fee.
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Retainers/Deposits are NON REFUNDABLE. In addition, if the session is cancelled by The Client with less than 48 hours notice, or if the Client does not show up to the scheduled session at the designated time, the session fee retainer/deposit is forfeited and will result in an additional booking fee if the Client decides they would like to reschedule.
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The Client shall assist and cooperate with the Photographer in obtaining the desired photographs, including but not limited to specifying persons and/or scenes to be photographed; taking time to pose the photographs at the Photographer's direction. The Photographer is not responsible if the Client or child fails to cooperate during portrait sessions. The photographer is not responsible for undesired child mannerisms not limited to things such as: type of smile, crying, shyness, grumpy, non-cooperation, or refusal to take photos. Photographer shall not be responsible for photographs not taken as a result of Client's failure to provide reasonable assistance, cooperation and communication.
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In the unlikely event that the Photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the event, the Photographer will make every effort to reschedule the event at a time that is convenient for both parties.
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INDEMNIFICATION The Photographer shall be held harmless for any and all injury to the Client during the course of photography session and the immediately surrounding events.*
FORCE MAJEURE If June Pearl Photography, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, Acts of God, including but not limited to, road closures, severe traffic, fire, terrorism, Covid-19 or other causes beyond the control of the parties, then June Pearl Photography shall return any moneys paid by the client, less session/retainer fee and expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that photographic materials are damaged, lost through camera malfunction, compact flash card malfunction, or otherwise lost or damaged without the fault on the part of June Pearl Photography. 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.
4. Photo Editing and Product Delivery
Photographer will deliver gallery to choose from your favorite images from the session in 5 business days after the session. The Client will receive final (selected) edited images in 2-4 weeks, no later than 6 weeks after the session date.
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June Pearl Photography provides basic editing on photos, similar to that seen in her public portfolio. Basic editing includes, color correction, skin softening and basic blemish removal. Any more detailed additional editing requested by the client (including head swaps, body sculpting etc.) will be charged at an additional fee per photo. The Photographer reserves the right to determine what additional editing work requires an additional fee.
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All Sessions will be provided with an online soft proof gallery for viewing their unedited gallery and deciding on their photo purchase. All photos the client chooses to select based on their package and purchase will be professionally edited by the photographer and provided to the client via an online gallery for direct download.
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All Print Product and Digital File sales are final. There are no refunds for Print Products and Digital file purchases once full payment has been made by the Client.
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All Digital files that are NOT purchased by the client will be kept by the photographer for no longer than 30 days in the event that the Client changes their mind. All purchased Digital Files will be kept by the Photographer for no longer than six months. In the event that the Client needs to access and download their digital files due to any reason after the initial downloading period has expired, there will be an additional fee to access and download the digital files again.
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Final Edited Online Galleries will remain open for 7 days to allow Clients to download their digital files as many times as they choose too. Online Galleries are removed after the 7 day download period. There is a re-accessing fee to reupload and access galleries after this 7 day period.
Product arrival is dependent on professional lab production and shipment. Products generally take 3-6 weeks to arrive after your product purchase.
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All purchased Digital Files are non refundable. Digital files may not be returned or exchanged. All purchased products and prints are inspected before they are delivered to clients. In the event that a clients receives a print or product that is damaged or does not meet a quality deemed acceptable by June Pearl Photography, the same product may be re-printed at no cost to the client. A print product can not be returned, exchanged or reprinted due to a change-in-mind by the client.
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Taking photos during session with your own camera, cell phone is not allowed (does not include events.) I will send you a gallery with all the photos to choose from.
I, the client have read and fully understand the contract stated above. By signing and clicking submit below, I agree to all the terms stated.