AGREEMENT TERMS & CONDITIONS
Payment Arrangements: A retainer fee of 25$ is required upon booking all portrait sessions to reserve your portrait session date. No date is reserved until a retainer fee is received. If the retainer fee is not paid in full within 3 days of booking, your reserved date may be given to other potential clients. The retainer fee is a non-refundable fee. In addition to your retainer fee, a signed copy of this agreement is required to reserve your portrait session date.
The remaining balance of the portrait fee is due on the day of Client’s portrait session, and is payable before shooting begins. All portrait fees are subject to New Mexico 7.1875% sales tax. Collection fee can be paid in cash, check (Made payable to Athena Herrera) , or through paypal (Credit Cards). Additional fee's may be applied when paying via paypal. If final payment is not received the day of your session, the Photographer will not be expected to edit or deliver images on the date said to be delivered. Unless other arrangements have been discussed with your photogrpaher.
For photography sessions beyond Albuquerque & Rio Rancho ,the Client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of $0.54 per mile and will be clearly discussed in advance notice.
Digital images: Client will receive access to a private online photo gallery which will contain their digital images. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.
Cancelations: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation of the portrait session agreement by Client, the reatiner paid is non-refundable. Retainers are transferable if reschedualing is necessary.However, only ONE reschedule is allowed. If the client fails to give a (24) hour cancellation notice or has cancelled and rescheduled more than once, the photographer has the right to keep the retainer fee and charge the client an additional retainer due to the high probability that the Photographer will not be able to further book that date.
If it is not possible for a session to take place on a scheduled day due to weather, the Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
Weather Policy: In the event of weather conditions out of our control:
Due to photography equipment and lighting conditions, it is the photographer’s discretion if weather conditions are such that the session must be cancelled. If such an event occurs, you will be given the opportunity to reschedule for the next available date. If CLIENT pursues the session, regardless of the photographer’s advice, and the images are not up to "Photographer" standards, the CLIENT will be responsible for all charges related to scheduling an additional shoot.
Cooperation/No shows: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. So please refain from taking pictures with any cameras or with phones that have cameras. If Client and/or key individuals fail to appear to a scheduled portrait session the collection fee is still due.
A rescheduled session can be made at the original portrait session fee, including an additional retainer fee.
Tardiness: In the event that the CLIENT is late to the set location, the CLIENT’S session will still be for the same scheduled ending time. Photographer will wait at agreed upon meeting location until 15 minutes after the session start time. In the event that the CLIENT does not arrive within 15 minutes of the session time and date, they will be required to purchase an additional session package for another session, date, and time.
Example: If the clients are scheduled for an hour session and the clients are 10 minutes late, the clients will have the remaining 50 minutes of "Photographers" time. Please keep in mind that multiple outfit changes or locations may no longer be feasible. The Photographer will ultimately make that final decission.
Reshoots: In the unlikely event that Client is completely dissatisfied with the final results, Photographer will reshoot the session at no additional charge one time. Clientwill recieve digital images of the second portrait session ONLY. If the Client should be unsatisfied with the results of the second session, all monies paid will be refunded and the Client will not retain any of the images. The Photographer will still have all rights to the Images of the session as set forth in this Agreement.
Appearance: In the event that the CLIENT would like additional photos due to appearance out of the photographer’s control (hair/makeup, etc.) in the session, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
Extensive Editing Policy: It is standard that your photos be edited, and provided to you in our agreed upon timeline. In the event that the CLIENT requests more extensive editing: Editing can be provided for a fee of (5$ per photo), to be paid prior to any additional editing being completed.
Locations: If the CLIENT wishes to include multiple locations in addition to the package, there will be a fee of $30 per location change. Photographer will be notified 14 days in advance of all the locations, directions, and addresses. Note that the additional travel time incurred will be included in the total session time.
Example: If the client purchase an hour session and it takes Photographer 30 minutes to travel to multiple locations the client will have 30 minutes of the photographers time.
Location Access and Fees: If the CLIENT chooses a location which charges admission, an access fee, a parking fee, or a photography fee, the CLIENT will be responsible to cover those fees associated with shooting at those locations. The CLIENT will also be responsible for organizing the access and any permits related to doing so.
Additional Members (Senior Sessions): Sessions are limited times and are meant to include the senior only. In the event that the CLIENT wants to add additional family members/friends in the session, they will be a required to pay a $25 fee per person, as well as sign this aggreement and a model release form.
Outfits (Collections with outfit changes): Each collection includes a specific number of outfits allowed, please see collection details. Please keep in mind that the time taken to change is included in the time frame allowed for your collection. No additional time is given for changing.
Example: If you purchase an hour session & the client takes 10 minutes to change the client will have 50 minutes of the photographers time.
Digital negatives, prints & copyright: All images and copyrights are the property of Anchored Memory Photography by Athena ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising,marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.
All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer.
Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the images;
ii) Print the images;
iii) Upload, email, or electronically transfer the images or files; and,
iv) Publish the images on personal websites or social media websites
THIS LICENSE WILL PROHIBIT THE CLIENT FROM DOING THE FOLLOWING:
APPLYING FOR COPYRIGHT REGISTRATION OR SELLING OF ANY IMAGE OR ELECTRONIC FILES SUPPLIED BY PHOTOGRAPHER
MAKING ‘DERIVATIVE WORKS’ OR OTHERWISE MODIFY, INCLUDING EDITING AND/OR MANIPULATING ELECTRONIC FILES
These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital medial without the Photographer’s permission. Violators of this Federal law will be subject to civil and criminal penalties.
CLIENT’S USAGE: Client is obtaining digital images for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads "Anchored Memory Photography by Athena" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
Social Media Policy: You are free to share any of your photos on any social media platforms. Any photos shared that have been altered by “filters” or creative cropping will be a direct conflict of this contract, and must be removed immediately. Any sharing done on social media must include credit to Anchored Memory photography by Athena in the caption, or a link to Anchored Memory Photography by Athena's website/social media handle as seen below.
Example: Photo Credit: Anchored Memory Photography, www.anchoredmemory.com , www.facebook.com/anchoredmemoryphotography
MODEL RELEASE: Client grants the Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: In the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond AMP’s control, AMP will not be held reliable. We always suggest that our clients backup all images to ensure that you always have access to your images for years to come. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
IMAGE STORAGE: Images will remain on file up to two month from the date of the portrait session. Images will be purged after 30 days from the date of recieving your gallery.
PRINT LIFE: Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.
Completion Schedule: Editing and image delivery takes approximately 2-3 weeks, but may take longer. In the event that image delivery is outside of this time, the CLIENT will be notified via email before the due date.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with Anchored Memory Photography by Athena.
The undersigned have read and understand the contract and agree to the terms and conditions in their entirety.