AGREEMENT TERMS & CONDITIONS
PAYMENT ARRANGEMENT: The Client will pay the Photographer the total fee specified in communications with Photographer. The total fee will include the amount specified in Section 2 as well as mileage and lodging as specified below.
For photography sessions beyond 20 miles of Babbleheads LLC Photography Studio (5543 River Oaks Drive, De Pere WI), the Client is responsible to pay a tavel fee for the excess amount. Travel fee is to be calculated at $2 per mile (or $1 roundtrip) and will be clearly presented on Photographer’s Invoice to the Client.
The agreed upon session fee is due in full at the beginning of the specified session unless otherwise outlined below:
Lodging: In the event that Lodging is necessary in order to complete the agreed upon photo session the Client agrees to pay no less than $100.00 to the Photographer at the time of the session.
A non-refundable retainer fee of $15 and a signed copy of this agreement are required to reserve a 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 Wisconsin 5% sales tax and any applicable county sales tax.
SESSION PROOFS: Proofs will be shared in a private online gallery within 4 weeks of the session date. Gallery will expire after 2 weeks. The gallery will be re-posted for a $25 re-posting fee. This re-posting fee can be used as a print credit toward digital or print purchases. Photographer retains the right to edit the photographs as she sees fit based on experience and exertise and omit any image(s) that do not meet her standards.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the retainer fees paid are non-refundable. Retainer fees are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
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 (this restriction includes cell phone cameras) because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the $15 retainer fee is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional $15 retainer fee (which may be applied toward the session fee in addition to the original retainer fee.
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. Client is then able to order prints from 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.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Babbleheads LLC Photography by Stephanie Faulds ("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. If the Client prefers their images not be used on certain types of media including on the Internet, please inform the photographer upon booking of the session and the Photographer will come to an agreement with the Client as to when and how they will use the images.
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 when they are in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.
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 prints 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 "Stephanie Faulds" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
MODEL RELEASE: Client grants to 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.
In regards to Boudoir or Breastfeeding Sessions, because of the intimate nature of the photographs, no images that contain nudity will be published. Any use of the Photographs by Photographer will be restricted to images that do not contain Client’s face. Photographer will not use any photos of the Client’s face without express permission from the Client.
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: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. 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.
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.
PRINT FEES: Prints are available individually. All prints include standard retouching. Prints generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full. Client can choose to pick print orders up at Babbleheads Photography Studio to eliminate shipping cost by using coupon code SHIPLOCAL upon checkout of their gallery. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print order. All print fees are subject to Wisconsin 5% sales tax and any applicable count taxes. Print and Print Package pricing is set out in the Client's online gallery.
IMAGE STORAGE: All digitally edited images will remain on file for one year from the date of the portrait session.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Photographer will complete basic editing on all images photographer deems suitable to present to the client. For additional requested edits beyond photographer's original edits the following fees will apply. Standard retouching includes lighting adjustments, blemish and stray hair removal and will be completed at no additional cost on ordered images only upon client's request. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white or sepia tone (for an antique look) and black-and-white images to sepia tone. Photographer has the right to refuse any requested edits to the images. Photographer will invoice client prior to completing edits and client has the right to cancel request at any point prior to the photographer beginning extra work on the images.
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Retouching Rates - per Image
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Complex retouching
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$20
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Rush complex retouching
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$35
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Tonal conversions
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$3
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INDEPENDENT CONTRACTOR: This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
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 Babbleheads LLC Photography and Design by Stephanie Faulds.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.