1. RETAINER AND PAYMENT. The client shall make a non-refundable retainer to the Photographer to perform the services specified herin. Upon payment of retainer and submission of contract, Photographer will reserve the time and date agreed upon by both parties exclusively for you. Client must pay full balance on the day of the session.
A. If the client has received a complimentary session as part of a promotion, the full balance must be paid prior to receiving any images from the free session. (Example: If a client received a free maternity session prior to their newborn session, they must pay the full balance of their newborn session to receive the maternity images).
B. If the client has purchased the First Year Milestone Bundle, the first session will be charged at full price with the remaining discount being applied to the final session.
3. CANCELLATION. If Client requests to amend of cancel this agreement 7 or more calendar days before the session date, the retainer shall be applied to a mutually agreed upon reschedule date. If Client fails to show or cancels this agreement 6 or less calendar days before the session date, the retainer shall be forfeited.
4. TARDINESS. If Client is more than 15 minutes late, client shall be billed at the prorated rate of $100 an hour. If Client is 30 minutes late or more, Photographer reserves the right to cancel the session. At this point, the session may be reschedule but Client will forfeit the retainer from the original session and will need to pay a new $10 nonrefundable retainer to reserve the new date.
5. EXCLUSIVE PHOTOGRAPHER. Photographer shall be the exclusive photographer as retained by the client to photograph the event on this date. It is understood that the Photographer is the exclusive photographer retained to perform the services outlined in the contract. This includes but is not limited to other professionals, the client, and/or other family and friends. Cell phone pictures are NOT permitted during the session.
6. ARTISTIC RIGHTS. The Photographer retains the right of discretion in selecting the photographic materials released to the client. Photographer will make every effort to capture specially requested photographs, but cannot guarantee that any particular requested photograph will or can be delivered.
7. COPYRIGHT AND REPRODUCTIONS. The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer's website, social media, and/or studio. It is understood that any duplication or alternation of original images is strictly prohibited without the written consent of the Photographer.
8. CLIENT'S USAGE. The client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client's prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer.
9. SOCIAL MEDIA. The Client may share blog post links and Facebook pictures through the use of the share functions and dissemination of direct links. Client may upload images as provided by the Photographer to their social media page, and must credit the Photographer with a direct link when possible. Images may not be cropped or altered in any way, including but not limited to self-editing, filters, and collage apps.
10. FAILURE TO PERFORM. If the Photographer is unable to perform this agreement due to an illness, emergency, fire, casualty, or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, a reshoot will be offered at no cost and liability shall be limited.
11. CLIENT COOPERATION. Photographer cannot be responsible for unwillingness of client to perform. This includes unwillingness to cooperate with photographer's instructions, having a poor attitude, choice of clothing, hair or makeup selections, or behavior of children. Photographer will make every effort to produce high quality images, but cannot control the attitude of the subjects.
12. MISCELLANEOUS. This contract incorporates the entire understanding of both parties. Any modifications to this contract must be in writing and signed by both parties. Any adjustments to this contract cannot reduce the total overall dollar value. This contract shall be governed by the laws of the state which Photographer conducts business.