1. AGREEMENT: It is understood that Jessica Rockwell/Nest Newborns/All Things Rockwell LLC is the exclusive and official studio retained to perform the photographic services requested on this binding contract. No other professional photographer will be allowed to photograph while Jessica Rockwell/Nest Newborns/All Things Rockwell LLC is working.
2. RESERVATION & PAYMENTS: Upon signing, a 1/5 non-refundable retainer is due to hold the session date. The retainer is due at the time of signing and will be applied toward the total balance of the contract. Another 1/5 is due at each of the sessions.
3. CANCELLATIONS: In the event the Client must cancel contracted services for the event, Jessica Rockwell/Nest Newborns/All Things Rockwell LLC will refund all money paid in excess of the retainer. The Client must submit in writing the reason for canceling the event, the specific date and time of the event, and release Jessica Rockwell/Nest Newborns/All Things Rockwell LLC from all liability on contracted date. The client shall also be responsible for any charges Jessica Rockwell/Nest Newborns/All Things Rockwell LLC incurred up to the time of the cancellation such as travel, lodging, etc. If a date is changed for any reason, the retainer paid will be applied to a new date. The retainer will be valid for up to one year from the original session date. After one year, the retainer will be forfeited. Due to changing prices, the retainer amount may change if Jessica Rockwell/Nest Newborns/All Things Rockwell LLC changes prices within that year, and an additional retainer amount may be owed.
4. LIMIT OF LIABILITY: If Nest Newborns/All Things Rockwell LLC cannot perform this Contract due to illness or emergency, then Nest Newborns/All Things Rockell LLC shall return the retainer 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 the photographic materials or digital files are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of Nest Newborns/All Things Rockwell LLC. In the event that Nest Newborns fails to perform for any other reason, Nest Newborns/All Things Rockwell LLC shall not be liable for any amount in excess of the retail value of the Client’s order.
5. INDEMNIFICATION: Nest Newborns/All Things Rockwell LLC shall be held harmless for any and all injury to the client during the course of the photography session and the immediately surrounding events.
6. MODEL RELEASE: The Client hereby assigns and grants Nest Newborns/All Things Rockwell LLC and any second photographers the irrevocable and unrestricted right to use and publish photographs of the client or in which the client may be included, for editorial, trade, advertising, internet, publication or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same, however Nest Newborns/All Things Rockwell LLC will honor any requests by the family for using, or not using certain images when necessary.
7. SOCIAL MEDIA: The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. If any images are posted online by The Client, proper photography credit will need to be applied (photo by Nest Newborns/www.nestnewborns.com or a link to her facebook page).
8. RESCHEDULING/LATE ARRIVALS: In the event that The Client requests to reschedule a session, the retainer shall be applied to a rescheduled session. Reschedules must be within the same calendar year, and are subject to pricing changes that may occur. The Client and Nest Newborns/All Things Rockwell LLC will work to coordinate the soonest date available.
9. FORCE MAJEURE: Photographer is not liable for failure to perform due to acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, terrorist activities, pandemic, government sanction, labor dispute, strike, lockout
or interruption or power failure.
10. LOCATION COSTS/FEES: If there are any costs/fees associated with the location the client has chosen for their session, the Client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Any location outside of a 40 mile radius from Arlington, TX will be subject to an additional travel charge.
11. ARCHIVAL OF IMAGES: Upon receipt of a flash drive or download link, the Client accepts responsibility for archiving and protecting the photographs. Photographer does not permanently archive files. Photographer is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read the flash drive provided. It is the Client’s responsibility to make sure that the digital files are copied to new media as required. Photographer will not be responsible for negatives after 6 months. Online galleries will be available for 6 months.
12. ALBUM DESIGN: If the client orders an album from Nest Newborns/All Things Rockwell LLC, Nest Newborns/All Things Rockwell LLC and any contractors she might hire will provide the album design. Because or this, Nest Newborns/All Things Rockwell LLC and any contractors is not responsible for images not wanted in the album unless the Client desires a proofing of the album. If a proofing is desired, then the Client accepts that more time will be necessarily in getting the album to the Client. Turn-around on the album is dependent on client approval. Typical albums are delivered within 2-3 weeks after approval.
13. COPYRIGHT: With the package, the client will receive a copy of high-resolution JPEG files on flash drive, and a download link. Since the photographer also owns the copyright, it is asked that any images posted online, either by the Client or anyone the Client gives the photos to, recognize them as the work of Nest Newborns/www.nestnewborns.com. Professional prints and albums are copyrighted by Nest Newborns, and it is illegal to duplicate these items. It is asked that the client, friends, and family do not alter any images unless specifically negotiated with Nest Newborns. If any images need correction or additional editing, please contact Nest Newborns for any changes.
14. COMPLETION SCHEDULE: Typical turn-around for the download link of the event is approximately 2-3 weeks. During holiday seasons and certain times of the year, the wait may be longer. Nest Newborns will communicate with the Client on when to expect the final product. Any additional prints or albums may be subject to a longer wait time. Typical album design takes a minimum of 2 weeks, plus the time it takes the lab to print and ship the album.
15. PENALTY FEES & CHARGES: There is a $30 charge for checks returned by the bank for any reason.