CLIENT (or legal guardian of MINOR subjects who are photographed during this session) grants permission to PHOTOGRAPHER and its assigns, licensees, and sublicensees, permission to use CLIENT’S or MINOR’S image or likeness in any and all forms of media, for the purpose of session "sneak peeks", for commercial purposes, advertising, personal use, or any and all other lawful uses. Therefore, PHOTOGRAPHER may use CLIENT’S or MINOR’S likeness and image on PHOTOGRAPHER’S website or other advertising (including publishing in electronic form on digital media and Web content). I hereby authorize Bumble-B Photography/Cheryl Breaker the absolute right and permission to publish, copyright, and use images of me and or my property in which I may be included in whole or in part, composite or retouched.
If the person is under 18 years of age, I certify that I am his or her legal guardian and I give consent without reservation to the foregoing agreement on their behalf.
All images produced at this studio are subject for use for marketing campaign purposes in order to continue conducting business. If CLIENT prefers not to have images published, including, but not limited to, "sneek peeks". Please inform photographer prior to session.
This agreement is between Bumble-B Photography/Cheryl Breaker (hereafter “Photographer” “the Photographer” or “Photography Company”) and CLIENT named above, herein after referred to as “CLIENT”.
Scope of Work:
This contract is for services and products related to a photography shoot (hereafter “shoot” or “the shoot”) to take place at the following time and place.
PHOTOGRAPHER agrees to provide no fewer than 5 photos for CLIENT to view after the shoot, and is not required to provide more than this number of images. PHOTOGRAPHER will perform basic post-processing or digital image editing services on these photos where artistically necessary. Full sessions will include no less then 10 images for viewing.
In consideration for the photography services provided by PHOTOGRAPHER, CLIENT agrees to pay the sum of
The session fee is $200, and must be paid up front to retain session date, which depending on session type, may or not include images. CLIENT agrees to pay the photographer full amount of the total price of the photography services (session fee) or $200 down on package when required on all-inclusive sessions such as the bunde sessions (Belly to Baby and Baby Plan) upon signing this contract. The initial payment reserves the photographer’s time, and is only 50% refundable in the event of cancellations. No call/no show forfeits any payment made, and a new payment must be made to reserve a new session date. If Client cancels less than 48 hours prior to the session date, the initial payment will not be returned. CLIENT must contact PHOTOGRAPHER to allow at least 48-hour prior notice of cancellations to be eligible for 50% refund of the retainer. PHOTOGRAPHER agrees to not advertise availability of this same time slot to any other potential clients.
There is a TX state tax of 6.25% that is added to all invoices for products and services. Tax is not included in fees and product list prices. This is added in at sale time.
The balance of the payment for photography services must IN FULL upon arrival to SHOOT. Detailed in Section 1: Scope of Work. If CLIENT is required to purchase photos separately after the SHOOT, 50% payment down is required to start the order for those photos/products, and balance is due immediately upon delivery of photos/products to client.
3. Work Product
Photo PROOFS are delivered no later than two weeks of the SHOOT. CLIENT understands and agrees that proofs are the exclusive property of PHOTOGRAPHER and CLIENT has no right to these photos except for a license to review them, but not store and may not share or copy the proofs. No unedited (RAW) images will be provided other than for purpose of proofing through an online gallery, as this is not considered to be completed work of the PHOTOGRAPHER.
All photos delivered to CLIENT are licensed for CLIENT’S personal use only. Photos from the SHOOT to be delivered to the client will be according to the following order. Any photos provided in any digital medium are to be accompanied by a “Photography Release” statement. Photos are not to be cropped or altered (such as changing photos to black & white, applying filters, or any other alterations) that does not represent the photographer’s vision, by any means, or form to include, but not limited to removal of PHOTOGRAPHER’s watermark. PHOTOGRAPHER retains all copyrights to all image produced.
If photos are included in the price for photography services, the following will constitute the entirety of photos to be delivered to client and licensed for personal use only.
CLIENT understands and agrees that prints take longer for delivery. PHOTOGRAPHER must deliver photos in a reasonable amount of time after the CLIENT has made a final order.
Indemnification: PHOTOGRAPHER and CLIENT agree that PHOTOGRAPHER is under no obligation to capture any specific moment or pose or person(s) during the SHOOT.
- If PHOTOGRAPHER is unable to perform the services in this contract due to any cause outside its control, client agrees to indemnify photographer for any loss damage or liability; however, PHOTOGRAPHER will return in full all payments made by CLIENT to PHOTOGRAPHER in relation to this SHOOT.
- CLIENT agrees to indemnify and hold harmless PHOTOGRAPHER for any liability, damage, or loss related to technological failure, including data loss.
- CLIENT understands and agrees that PHOTOGRAPHER is not required to maintain copies of the photos from this shoot 60 (sixty) days after the photos have been delivered to CLIENT. PHOTOGRAPHER may maintain copies of photos for a certain timeframe for the CLIENT’s convenience. Time frame for retaining copies is at the PHOTOGRAPHER’s discretion, after 60 (sixty) days.
– CLIENT agrees to hold PHOTOGRAPHER harmless for any personal injury which may occur as the CLIENT poses or works with PHOTOGRAPHER or during travel to or from a session location.
– PHOTOGRAPHER will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of CLIENT. Basic retouching is included during editing, but any specialty retouching or editing that is required will have an additional fee of $35.00 per photo. Photographer will be happy to oblige in referring client to good color choice, etc for photos, but cannot be liable & will not issue refunds or reshoots in regards to client’s dislike of clothing/outfit choices or client’s dislike of subject’s body image in final image product.
PHOTOGRAPHER cannot provide refunds due to uncooperative subjects. Any re-shoot sessions are at the PHOTOGRAPHER’s discretion. Refunds or re-shoots would be provided in the event of a hardware or equipment malfunction.
Model calls are specifically for the growth and development of the PHOTOGRAPHER and may or may not meet CLIENT’S artistic expectations.
PHOTOGRAPHER reserves the right to cancel/reschedule a session due to illness or injury whether in the case of the PHOTOGRAPHER or CLIENT, or PHOTOGRAPHY SUBJECT. PHOTOGRAPHER will not proceed with any session where the PHOTOGRAPHER, CLIENT or SUBJECT have ANY contagious illnesses. Any sessions in this regard will be rescheduled until PHOTOGRAPHER, CLIENT or SUBJECT is no longer contagious.
5. Duty of Client
CLIENT will obtain all permissions necessary for PHOTOGRAPHER to photograph at the SHOOT.
PHOTOGRAPHER has no duty to obtain permission of reception centers, churches, buildings, properties, or other locations to operate thereon. CLIENT understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the event(s) is not the fault, liability, or responsibility of photographer.
6. Exclusive Photographer
CLIENT agrees and understands that no other party other than PHOTOGRAPHER may take pictures of any poses, lighting situations, or setups made by the photographer. This slows down the photographer’s work and violates the photographer’s right to take pictures of the event. CLIENT agrees to take responsibility for insisting that no person(s) get in the way of the PHOTOGRAPHER or take pictures in these situations.
CLIENT agrees to no taking of “behind the scenes” photos or snapshots of PHOTOGRAPHER’s client poses or setups or ordering screen, via cellphone or other camera device, and understands there should be absolutely no shared “behind the scenes” photos uploaded to social media sites or, as these photographs would not be the represented work of the PHOTOGRAPHER, and therefore would not properly represent Bumble-B Photography/Cheryl Breaker’s finished work. Thank you for your understanding.
7. Studio Session Location
CLIENT agrees to hold harmless, Bumble-B Photography and its PHOTOGRAPHER while on location for CLIENT and/or CLIENT party injury while shooting on studio property. CLIENT is understanding that due to studio’s location, there are trees, may be possible uneven ground, and wildlife, for which PHOTOGRAPHER has no control such as risk of contact with any possible wildlife, or stinging/biting insects, etc. CLIENT is informed of this fact, and agrees PHOTOGRAPHER, will direct CLIENT and CLIENT parties to areas that are safe in which to take photographs but is not liable for injury caused by such wildlife. PHOTOGRAPHER is not liable for injury of CLIENT and/or CLIENT party for falls, trips, etc., on the studio property, et,c or during travel to or from a session location.
8. Assignability and Parties of Interest:
CLIENT agrees and understands that, unless otherwise specified in this Contract, CLIENT is not contracting for a personal service that will be performed by any specific photographer. PHOTOGRAPHER may sub-contract or assign this contract to any second-shooter, PHOTOGRAPHER may assign any photographers associated with the PHOTOGRAPHY COMPANY to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner.
10. Ordering Prints and Products:
One IPS consult, will be provided no later than 15 days from session date. CLIENT galleries with no purchases within 14 days of ordering session/IPS Consult are subject to permenant deletion. We cannot store unpurchased images. Images that are purchased will be retained as long as possible but cannot guareentee recovery of images after 120 days. It is client's responsibility to archive any purchased digital images. PHOTOGRAPHER will deliver ordered products to CLIENT no later than 6 weeks after the date of the ORDER and FULL PAYMENT. Due to the custom nature of our products ALL SALES ARE FINAL. ABSOLUTELY NO REFUNDS or EXCHANGES can be issued after any delivery of DIGITAL products (after client download from gallery or delivery of CD or USB to client.)
11. Payments and Payment Plans:
(a.) CLIENT is provided the option of a payment plan service of for up to 3 months on products purchased through the studio (wall art/digital packages/albums, etc.) Payments will be required on the 1st or 15th of each month. CLIENT may opt to pay bi-monthly (every two weeks) or once a week if they so choose, and this will be clearly agreed upon and signed with the agreement. A credit card agreement is required for this service, and will need two credit cards on file until final payment. Payments will be charged per the agreement policy automatically. If CLIENT needs to change the payment option at any time, please inform Bumble-B Photography, LLC within 5 days. If first option credit card declines payment after 2 attempts, the backup credit card will be charged. If payment is not received within 7 days of photographer's attempt to reach CLIENT for payment, payment plan is subject to cancallation and FULL amount will be due.
If payment plan contract is breached, CLIENT is subject to exclusion from future payment plan services with this photography business. All purchases in the future would require full payment for any services or product orders. Please communicate any needs for different payment arrangements with the PHOTOGRAPHER.
(b.)Regarding Baby Plan: Baby Plan offers a Leap Frog Payment Plan. CLIENT is due to put $200 retainer for the first session to take place, and then can make payments at each session, for the required amount of the next session, when arriving to their current session. This amount is due at the currnt session in order to place CLIENT on the books for the next session in their plan. Portraits and products are sold separately and Payment Plan for products is subject to policy above (a).