A. Session Fees
Client agrees to pay photographer a $50 retainer at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The balance, plus 5.1% sales tax on the full session price, is due at the scheduled time of the session. The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and images (amount depending on session) to be stored through ShootProof for 30 days. Additional editing is available at additional expense to be determined by photographer. Additional prints or digital images may be available for purchase.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel within 20 miles of Lisbon, WI. Any location outside of these limits will be subject to an additional charge of $.52/mile as part of the agreement.
If an illness or situation prevents a photo session from taking place, client may reschedule their session, based upon sole discretion of photographer, at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, the retainer is forfeited and the shoot will not be rescheduled. In order to use retainer for a rescheduled session, it must be scheduled within 2 weeks of the original session.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, uncooperative children or by not following the recommendations of the photographer.
Galleries will be available on ShootProof for 30 days. After 30 days, the gallery will be archived for 12 months. During this time, client may pay $50 to retrieve the images from the archives for 1 week. After twelve (12) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
All payments are due in full before the session begins, unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.
Photographer is not responsible for the damage of portraits after delivery to client. Client assumes all responsibility for the safety of all portraits upon receipt.
H. Model Release
I hereby give to Michelle Alyce Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release, discharge and will indemnify the photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
The Client hereby agrees to indemnify the Photographer any and all of in the following circumstances: 1) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer’s equipment being damaged or otherwise rendered inoperable; 2) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer being harmed or injured; 3) any unintentional harm or injury caused by the Photographer or Photographer’s equipment; and 4) any Client requests that may violate law or ordinance unknown to the Photographer.
J. Copyright & Penalty: Michelle Alyce Photography retains all copyrights to all images created during client’s session. A print release will be included with digital files to print portraits for personal use up to designated size listed on print release. The print release allows client to share images on social media but does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Michelle Alyce Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
K. Session Requests
*No cameras/camcorders/any type of recording device are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 10 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.
*Please follow photographer's special instructions for your specific photo session in order to have a successful photo shoot.
Choice of Law
*This contract shall be governed by the laws of the state of Wisconsin. In the case of litigation, venue for litigation would be in Waukesha County.