1. It is understood that Le'Mae Photography is the exclusive, official photographer retained to perform the photographic services requested on this Contract.
2. The Photographer may substitute another photographer to take the photographs in the event of her illness or unforseeable conflicts in scheduling. In the event of such substitution, Le'Mae Photography warrants that the photographer taking the photographs shall be a competent professional.
3. Session fees must be paid on or before the portrait session date. Preview images will not be available until the session fee has been paid in full.
4. No part of any order, including digital images, will be delivered until the order balance has been paid in full.
5. Le'Mae Photography reserves the right to use images created under this contract for advertising, display, publication or other purposes. The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend Le'Mae Photography in the event of litigation arising out of such use.
6. Negatives, digital files and previews remain the exclusive property of Le'Mae Photography.
7. Upon signature, the Photographer shall reserve the time and date agreed upon.
8. All session fees and deposits are non-refundable, even if the portrait is rescheduled or canceled for any reason other than inclement weather.
9. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Le'Mae Photography, the Photographer may elect to use an alternate location or to reschedule the session.
10. If Le'Mae Photography 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 the Photographer ’s illness or emergency, then the Photographer shall return any deposit or sitting fee to the Client but shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that photographic 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. In the event that Le'Mae Photography fails to perform for any other reason, Le'Mae Photography shall not be liable for any amount in excess of the retail value of the Client’s order.
11. Client is aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities. The Client is responisible for protecting and caring for his/her printed and/or digital products. Le'Mae Photography is not responsible for any damaged products after successful delivery of said products.
12. The charges in this Contract are based on Le'Mae Photography's Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed. Sales tax of 6% will be added to all printed orders. Labor and digital purchases are free of sales tax.
13. NOTICE OF COPYRIGHT: It is ILLEGAL to copy or reproduce negatives, digital images and printed photographs elsewhere without Le'Mae Photography's permission, in the form of a Print Release, and violators of this Federal Law will be subject to its civil and criminal penalties.
14. REGARDING DIGITAL IMAGES: It it highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Digital images purchased by the Client still remain the property of Le'Mae Photography and may not be altered in any way, shape of form, including but not limited to editing the overall style of image, color/contrast/exposure changes, cropping portions of the images, adding objects/persons/graphics and deleting objects/persons/graphics. Digital images purchased by the client may not be resold. Violators of this Federal Law will be subject to its civil and criminal penalties.
15. REGARDING VIEWING & PRINTING IMAGES: Please note that all images produced by Le'Mae Photography have been done so with the use of color callibrated monitors. Monitors used by the Photographer have been callibrated to meet printing standards, thus color changes may occur when images are viewed on non-callibrated monitors. Also note that images viewed in non-professional editing programs will appear less sharp than if the same images are viewed using a professional program. Printed images will be correct in color, sharpness and other variables that may be affected by non-callibrated monitor and non-professional programs, that is, if the printed images have been produced by a professional imaging lab. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client order printed images from a reputable, professional lab to ensure that the quality of his or her digital images is met. Le'Mae Photography is not liable for the quality of images printed by any imaging lab, both professional and non.
16. This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY THEM.