This Agreement is made effective for all purposes between Tree Swing Photography and the person(s) whose signature(s) appear on this contract, hereinafter referred to as “The CLIENT” relating to the photography session event(s) detailed below, hereinafter referred to as “The EVENT".
ENTIRE AGREEMENT: This agreement contains the entire understanding between Tree Swing Photography and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion of this agreement. The laws of the State of California shall govern this contract and any arbitration shall take place within San Mateo County, California. CLIENT assumes responsibility for any and all legal fees incurred by Tree Swing Photography as a result of enforcing this contract.
RESERVATION AND CANCELLATIONS: A signed contract and full payment are required to reserve the date and time of the EVENT. The session fee is non-refundable.
RESCHEDULING: If CLIENT requests to cancel due to illness or emergency, amount paid may be used towards a future session within 6 months. Rescheduling requests must be emailed to Tree Swing Photography as soon as possible, but at least 24 hours prior to start of EVENT. Failure to do so will result in forfeiture of session fee.
WEATHER: Rescheduling based on weather will be up to the photographer's discretion. EVENT will not be rescheduled for cloudy/overcast weather. If it is raining, EVENT can either be moved to a covered location or rescheduled at a mutually agreed upon time, based on CLIENT preference. Due to limited availability during the busy season, Sept-Dec, EVENTS during those times may not be available for rescheduling until after Jan. 1 of the new year.
SAFETY: Tree Swing Photography reserves the right to terminate session if the photographer experiences inappropriate, threatening, hostile or offensive behavior from CLIENT or CLIENT's party; or in the event that the safety of the photographer from Tree Swing Photography is in question. The CLIENT assumes all risk for himself/herself and children/dependents participating in the EVENT and shall not hold Tree Swing Photography liable for any and all injury occuring at the EVENT.
SHOOTING TIME: Shooting begins and ends at the scheduled time. If the CLIENT does not arrive at the appointed time for the EVENT, shooting will end at the scheduled end time, without additional time added.
RESPONSIBILITIES: Tree Swing Photography is not responsible for compromised coverage due to causes beyond their control, including but not limited to lateness of the CLIENT, weather conditions, schedule complications, or restrictions of the locations. Tree Swing Photography is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo coverage.
FILM and COPYRIGHTS: The photographs produced by Tree Swing Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Tree Swing Photography’s explicitly written permission. CLIENT is granted personal printing rights for purchased images only. If the CLIENT has purchased digital images, Tree Swing Photography grants the CLIENT permission to print and share the images, including social networking websites. CLIENT agrees to tag and credit each image with "@treeswingphotography". CLIENT agrees to not alter the photo in any way, including adding filters. CLIENT is not authorized to use the images or share the images for any profit, promotion, website/blog use, trade, commercial use, or as contest submissions. CLIENT must obtain written permission from Tree Swing Photography to request any licensing use of the images. MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs of the CLIENT and their children/dependents for editorial, trade, advertising, educational, marketing and any other purpose and in any manner and medium. The CLIENT releases all claim to profits that may arise from use of images. If the CLIENT would like to opt out of the model release, a $50 privacy/loss of promotion fee will be required prior to the EVENT.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer from Tree Swing Photography is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Tree Swing Photography, responsibility and liability is limited to the return of all payments received for the EVENT.
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Tree Swing Photography’s control, including but not limited to camera, hard drive, or equipment malfunction, Tree Swing Photography liability is limited to the return of all payments received for the EVENT. The limit of liability for a partial loss of originals shall be a prorated amount of the percentage of time covered.
COMMUNICATION AND COOPERATION: CLIENT agrees to communicate any specific requests for the session prior to the EVENT. Tree Swing Photography aims to promote cooperation during the EVENT, but ultimately may not be held responsible for the behavior and cooperation of individuals involved in the EVENT (including adults, teens, children, and pets). A re-shoot or refund will not be issued if the desired outcome of the EVENT is not satisfactory due to the behavior or cooperation of the subjects in the images.
CAPTURE AND DELIVERY: Tree Swing Photography is not liable to deliver every image taken at the EVENT. The determination of images delivered to the CLIENT is left to the discretion of Tree Swing Photography. Photos like near duplicates, eyes closed, etc will be culled out of the final gallery. CLIENT will receive an email to a password protected link to an online gallery from which to make their selections. All digital files will be original size, high resolution, and JPEG format. Tree Swing Photography does not release RAW or unedited images. Gallery will remain active for 1 week before expiring. A fee of $20 will be assessed to re-process and activate expired galleries. All un-purchased photos will be deleted. Tree Swing Photography does not provide long term storage of galleries or purchased/selected images. Tree Swing Photography encourages CLIENT to back up their purchased/selected digital images to 2 different sources.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images are left to the artistic discretion of Tree Swing Photography. Additional edits requested by the CLIENT will incur a $25 per image fee. This is including but not limited to: skin smoothing, eye enhancement, blemish removal, removal of items in background, etc.
PRINTS AND PRODUCTS: Physical products such as prints, canvases, metal prints, etc. are delivered via a professional printing lab. The lab charges a flat rate shipping fee for prints. If CLIENT purchases a photography session that includes a print/s, the CLIENT will be given a coupon code for the print/s. Any print/s included in photography session fee will not include the shipping costs and must be payed by CLIENT if CLIENT chooses to redeem the coupon code.
ADDITIONAL TIME: If CLIENT would like to extend the session time, arrangements must be made and agreed upon with Tree Swing Photography prior to the EVENT. Any additional time purchased is a final sale and will not be refunded if unused.