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This document is a contractual agreement made between Amber Balous Photography and
Street Address Line 2
State / Province
Postal / Zip Code
Antigua and Barbuda
Bosnia and Herzegovina
Central African Republic
Cocos (Keeling) Islands
Democratic Republic of the Congo
Turkish Republic of Northern Cyprus
Papua New Guinea
Republic of the Congo
Saint Kitts and Nevis
Saint Pierre and Miquelon
Saint Vincent and the Grenadines
Sao Tome and Principe
Trinidad and Tobago
Tristan da Cunha
Turks and Caicos Islands
United Arab Emirates
British Virgin Islands
Isle of Man
US Virgin Islands
Wallis and Futuna
Client is guaranteed up to one hour of shoot time for a portrait of two individuals. Mini sessions and other promotional sessions do not apply. Portraits with two or more individuals may require additional time and the aid of an assistant.
Client will review a gallery of images within 2 to 4 weeks of their portrait session. Photographer retains the right to edit the photographs and omit any image. Proofs are viewed during an in person viewing and ordering session. Purchases must be made during this session. An online gallery is made available for one week after the initial viewing and ordering session.
Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the retainer (full session price) paid is non-refundable. Retainers are transferable if a date change is necessary. Forty-eight hours’ notice of postponement or cancellations is appreciated.
If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest possible date, with no additional charge.
Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. If Client and/or key individuals fail to appear to a scheduled portrait sessions, the retainer fee is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 50% deposit.
In the unlikely event that Client is completely dissatisfied with the final results based solely on personal preference, Photographer will reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second portrait session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems (camera failure or exposure problems), Photographer will reshoot at no additional charge.
All images are copyrighted to and remain the property of Amber Balous.
Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Amber Balous” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
Limit of Liability
We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
All portraits are hand edited. Basic editing is done on all photographs presented to the Client. Basic editing includes exposure correction, color corrections, cropping, and teeth whitening. Extensive editing includes removal of people and objects from the background, changing facial expressions, skin touchups, bra strap removal, and improving body shape. In the event that more extensive editing is requested, an editing fee of $50 per portrait will be incurred. An invoice will be sent to Client and work will be completed upon payment. All fees are subject to Texas 8.25% sales tax.
Clients may request to have editing and printing rushed. Rush printing and shipping can reduce delivery times by one to two weeks. A rush fee of $175 is incurred if Client chooses to have services expedited. An invoice will be sent to Client and work will be completed upon payment. All fees are subject to Texas 8.25% sales tax.
Prints are ordered individually. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship via Priority Mail two weeks after Client’s print order has been paid in full. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print. All print fees are subject to Texas 8.25% sales tax.
Changes to the Agreement
There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined above.
This agreement contains the entire understanding between Photographer and Client. It supersedes all prior 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. This constitutes an order for one portrait session with Amber Balous.
Maternity Session (with makeup)
Portrait Session (Engagement, Individual, Couples)
Maternity Session (without makeup)
Fresh 48 Session
Mini Portrait Session
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