AGREEMENT TERMS & CONDITIONS
Reservation: A signed contract is required to reserve the specific coverage.
Non Refundable Session Fee: A deposit of $150 is due at the time of booking. The remaining balance is due the day of the session. The session deposit is non refundable and can be transferred to another session at the discretion of the photographer.
Copyrights: The photographs produced by Erin Spence Photography are protected by Federal Copyright Laws (all rights reserved) and MAY NOT be reproduced in any manner without Erin Spence Photography's explicit written permission. It is a breach of this agreement to not only reproduce the images, but to display them on social networking sites (Facebook.com, Twitter.com, Instagram.com etc.). If displayed on social networking sites, photos MUST contain Erin Spence Photography's Watermark AND/OR Photo Credit to Erin Spence Photography in description as well as a link to Erin Spence Photography's current website: www.erinspencephotography.com. Upon distribution or images purchased from the CLIENT'S online web gallery, the CLIENT must agree to the copyright terms as listed below:
The photographic images are the property of the CLIENT for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives.
The CLIENT must obtain written permission from and compensate Erin Spence Photography prior to the CLIENT or the CLIENT'S friends and relatives publishing or selling the photographs for profit.
The CLIENT does not retain copyrights to any images taken by Erin Spence Photography.
The CLIENT agrees to conditions that they must not screenshot any images. CLIENTS MAY NOT edit any photos taken by Erin Spence Photography. This is including but not limited to Instagram Filters, Quick Edit Apps, Photoshop etc.
Exhibition: Requests for photographic images to be used by Erin Spence Photography are not required. CLIENT grants Erin Spence Photography permission to display selected images resulting from this session as an example of Erin Spence Photography's work and for the entrance into competitions while releasing all claims to profits that may arise from use of images as well as any print or online publication. Erin Spence Photography grants client limited rights to use the images in marketing materials with specifications that photo by Erin Spence Photography is listed on the image/article.
Minor and Non Minor Model Release: The CLIENT hereby grants Erin Spence Photography and it's legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT and/or the CLIENTS MINOR CHILDREN or in which the CLIENT and/or CLIENTS MINOR CHILDREN may be included with who is being photographed, for editorials, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction;and to copyright the same. The CLIENT hereby releases Erin Spence Photography and it's legal representatives and assigns from all claims and liability relation to said photographs.
RAW/UNEDITED IMAGES: Under NO CIRCUMSTANCES will Erin Spence Photography give the CLIENT any RAW OR UNEDITED images. Requests for such images will be denied.
CELLULAR DEVICES/CAMERAS/CAMCORDERS: While your session is taking place you may not use your cell phone, personal camera ,or camcorder to take pictures or record any of your session. The Photographer with Erin Spence Photography can and will stop and terminate the session if you use any of the above devices to take pictures/videos of your session taking place.
TURN AROUND TIME: Sessions will be fully edited within 3 weeks. The CLIENT understands and agrees that if he/she needs the images sooner than 3 weeks, the CLIENT must inform the photographer prior to the session date and a rush fee of $75 must be paid. Images will be delivered within 7 days of rush fee payment and session date.
EDITING: All selected gallery images will be edited and consistant with the style of Erin Spence Photography. Additional requests for edits above the scope of original style editing can cost up to $1,000 depending on the request and may result in longer turn around time.
ARCHIVAL OF IMAGES: The CLIENT'S images will be presented in an online password protected gallery once editing has been completed. The CLIENT must choose and pay for images within 2 weeks otherwise the gallery will close and there will be a $35 fee to reopen the gallery. Once a purchase is made, the downloadable gallery will stay open until the expiration date. Photos over 2 weeks old from the date of upload will be archived and gallery closed. There is a $35 fee to reopen an archived gallery. Images are archived for 1 year. Galleries in which no images are selected for purchase are purged from the archive at the end of the calendar year in which the images were taken.
CANCELLATION POLICY: All Session fees are non refundable. Erin Spence Photography reserves the right to cancel or reschedule the session as necessary due to weather, extenuating circumstances, acts of God, or emergencies. Erin Spence Photography allows for the CLIENT to reschedule if needed. Sessions do not expire, and fees can be applied to sessions in the future. The CLIENT understands their session fee will not be refunded under any circumstance whether it be fault of the photographer or CLIENT but can be used towards another session or service.
LATE POLICY: In the event that the CLIENT is late to their session, no extra time will be given. Erin Spence Photography will not be liable for images not taken due to CLIENT tardiness.
RE-SHOOTS: Erin Spence Photography will grant the CLIENT one re-shoot if deemed necessary by Erin Spence Photography. The CLIENT understands and agrees that this is at the discretion of the photographer only.
CLOTHING/PERSONAL APPEARANCE/UNCOOPERATIVE SUBJECTS:
Re-shoots and refunds WILL NOT BE GIVEN for poor choices of clothing, make up, hair or the cooperation of Children and/or Adults, or prep issues or by not following the recommendations of the Photographer, Erin Spence Photography. Your cooperation is required before and during any session held with Erin Spence Photography.
SPECIFIC IMAGES: Erin Spence Photography and CLIENT agree that the photographer is under no obligation to capture any specific moment or pose during the session.
NEWBORN SESSIONS: CLIENT takes responsibility for their newborn's safety at all times and does not hold Erin Spence Photography liable for any injury taken place during the session. CLIENT understands it is his/her job to stop the session at anytime he/she feels that the infant's safety or well being is at risk. Erin Spence Photography agrees to never put the newborn at unnecessary risk or compromise his/her well being.
MODEL CALLS: Model calls are defined as sessions specified as "model call, casting call or modeling session" This is a call posted by the photographer inquiring for models to showcase their work. Model Calls are at designated times only and are not offered continuously. If you or your child has been chosen as a model for the Model Call you are acknowledging that the following has occured: The Session Fee has been reduced, you will receive all High res digital images as compensation for time, you will have a gallery of 1 to 3 images. If this is a newborn model call your session will be at the hospital or your home, you understand these images will be used for marketing purposes including but not limited to the photographers website, facebook, ads, marketing materials, Google ads etc. You may share images to social media from the model call, but must give credit to Erin Spence Photography by either using an image with watermark visible on the image or crediting in writing with website or Facebook page information/ tag with image used. By signing this contract you are agreeing to these terms and are giving permission for your photos to be used in advertising and publishing purposes.
CAKE SMASHES: You do not hold the photographer responsible for any allergies that may arise due to the smash cake provided. The smash cake will be provided by a licensed bakery and may be prepared in the same area as nuts, eggs, dairy and or gluten are prepared. Please keep this in mind when booking the session. You, the client must inform the photographer of any known allergies before the session booking.
IMAGES: While the Photographer does capture many images during your session, the CLIENT understands that he/she will see only those images selected by her, the artist, for previewing. Each image is rendered carefully to ensure maximum artistry and technical perfection. Images with eyes closed, heads turned, duplicates etc will not be shown and are removed from the archives permanently after the artist rendering is complete. Erin Spence Photography is responsible for all images chosen and can delete any at her discretion. The Photographer is in no way responsible to deliver a set number of images.
Liability: You agree to hold harmless Erin Spence, her representatives, assistants, and Erin Spence Photography from any dispute in the event you or any member of your family become injured during your session in your own home or while on location. Erin Spence Photography and it's representatives will not be held liable for any injury to you, your children, or your family members, or to any damage to your property during the photo session or while on location.
Termination: Erin Spence Photography reserves the right to terminate the relationship between themselves and the client should the Photographer feel threatened or harassed in any way. Termination will not result in any refunds of any kind.
Reviews: CLIENT agrees that before any poor reviews are written, spoken, or published, that they the CLIENT must first speak to the PHOTOGRAPHER and work out any issues FIRST. Any false information published about Erin Spence Photography is considered slander.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.