1. DEFINITIONS. “Michelle Carlson Studio” refers to Michelle Carlson, her business, and her assistants, and as well as Michelle Carlson Photography, previous name of said business. “Client” refers to any persons involved in the portrait session, including adults, minor children, and animals.
2. Client will sign contract at the time of session if not previously signed and returned. Client agrees to all terms and conditions within this agreement by submitting payment for session. All transactions between the Photographer and the client, whether made with payment or in writing, are subject to these terms and conditions.
3. COPYRIGHT AND MODEL RELEASE. I hereby give to Michelle Carlson Studio the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my minor child in which 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 and discharge 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.
4. CLIENT IMAGE LIMITATIONS. Images may not be reproduced or altered for any reason without prior written authorization. Commercial use of images is strictly prohibited. Purchased digital images by Client may be used by Client for personal website, personal professional websites, social networking sites, or shared to other private parties. Only watermarked images may be used for these purposes. CDs, DVDs, and Flash Drives may not be reproduced or copied and digital images may not be sold to any other party. Images may not be entered into any contest or submission without prior written authorization. Screen grab downloads, copying of prints and scanning of prints for digital imagery is illegal and punishable by law. Michelle Carlson Studio retains full artistic credit for all work.
5. PAYMENT FOR SERVICES. A 50% retainer fee is due upon the signing of this agreement. The remaining payment is due at the start of your session. Michelle Carlson Studio considers a session booked only upon receipt of payment. Session fees are for “time and talent” and do not include product of any kind unless outlined in the session terms. No part of any order, including previews, will be delivered until balance is paid in full. All monies paid are non-refundable.
6. LIMITATION OF LIABILITY. While every reasonable effort will be made to produce and deliver the desired images of your session, Michelle Carlson Studio's liability to the client for any damage or loss arising during or after the session is limited to a photo reshoot free of charge (at the Photographer's discretion,) in substitution for the choice of any legal actions. I hereby release and discharge 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. Because of the time spent, before, during and after the original session, any retainer fee or deposit is non-refundable. Michelle Carlson Studio is not liable for any injuries, loss or damage of property preceding, during, or following a session. Any breakage or damage to equipment, studio contents, or hotel belongings by Client is the sole financial responsibility of Client. In the event the Client’s behavior becomes abusive to Michelle, any member of her team or other clients, Client will be asked to leave, the session will be cancelled and all payments forfeited.
7. NO WARRANTY OF LONGEVITY. Photographer does not warrant the longevity in quality of any digital media or files delivered to Client. Client bears the sole responsibility for backing up, archiving, and maintaining the integrity of the files. If Client chooses to print digital files through a third-party lab, the results of the prints are not guaranteed for color, quality or longevity. Client is also aware that color dyes in photography may fade or discolor over time due to the inherent qualities of dyes, and Client releases Michelle Carlson Photography from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
8. ARCHIVE. Photographer makes no commitment to storing images beyond the date of the original image delivery. While every attempt is made at keeping images as long as possible, Photographer is released of all liability to recreate or reproduce images at any time once they have been delivered.
9. Client acknowledges receipt of Michelle Carlson Studio's FAQs, which outlines how images are selected and edited. Client agrees that no unedited images will be released, to Client and agrees to all other policies outlined within the document.