Entire Agreement: This agreement contains the entire understanding between Elizabeth Jane Photography, LLC and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing, signed by all the relevant parties. This agreement constitutes an order for event photography services, including the taking of photographs as agreed to by both parties: Elizabeth Jane Photography, LLC (EJP) and the CLIENT.
Scheduling of Sessions: If not scheduled prior to birth, the CLIENT shall contact EJP within 48 hours of birth to schedule the newborn session. EJP recommends the newborn session be completed between 5 and 14 days after the birth of the newborn.
Payment: A non-refundable retainer fee of $300 is due in order to reserve the baby’s due date on EJP’s calendar and guarantee a session time. Accepted payment methods include cash, check, credit card, or PayPal. Returned checks are subject to a $50 returned check fee. Remainder of the package balance (including travel and permit fees, if applicable) is due at the time of service. Any payment plan agreements agreed to by EJP and the CLIENT shall be included as an addendum to this Contract. A late payment fee of $50 shall be applied to the late payment amount in accordance with the payment plan agreement. No products, images, or previews shall be delivered until the entire amount is paid in full.
Travel: The CLIENT shall pay $0.55 per mile for travel 30 or more miles (one way) outside the Zip code of 80514. Travel total will be added to the final payment.
Reschedule/Late Arrivals: If CLIENT chooses to reschedule, the deposit shall be applied to the reschedule date. CLIENT shall reschedule within 3 months of session date, as available by EJP. In the case that EJP had to reschedule the session due to weather, illness, or acts of god, the session will be rescheduled within 3 months. Any CLIENT that is late arriving to the event will have the amount of time late deducted from the time allotted for the event
Cancellation: If CLIENT chooses to cancel session, the deposit will be forfeited.
Maternity Session: EJP recommends the maternity session be scheduled between 30 and 35 weeks gestation. Any session dates after 35 weeks that are missed due to labor shall not be refunded. EJP retains right of discretion to transfer the Maternity Session credit to another type of session, product, or service.
Location: CLIENT and EJP will agree on the best location for the baby’s safety and photographic needs. Location shall be on public property, unless permission is obtained. Permission is required for pictures on private roads, railroads, or other locations that are not generally accessible to the public. If the desired location requires a photography permit, CLIENT will cover permit fees and pay for this expense prior to the photography session, unless otherwise agreed to by the parties in writing.
Preparation: For ideal photographs, EJP recommends feeding the baby right before the session or prior to arrival and keeping the baby awake one or more hours before the session. EJP recommends dressing the baby in loose-fitting clothing for ease of changing clothes during portraits. EJP also recommends bringing bottles, nursing supplies, a pacifier, and/or other soother. CLIENT is responsible for bringing any and all items needed for the baby during the session.
Indemnification: EJP shall be held harmless for any and all injury to CLIENT, baby, subjects, and property during the course of the photography session and the immediately surrounding events. CLIENT shall disclose any allergies or sensitivities to EJP prior to shoot.
Subjects: The CLIENT shall maintain control of other subjects including but not limited to, siblings. It is the responsibility of the CLIENT to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The CLIENT shall provide all necessary controls over additional subjects.
Circumstances: If EJP is unable to perform the session due to baby’s disposition, condition, or circumstances listed within this contract, the CLIENT shall be allowed to reschedule at EJP’s discretion. CLIENT will cover permit fees and this will be added to the final payment.
Images: Digital processing and delivery will take approximately three to six weeks. The session fee covers the time and talent of EJP, basic retouching, and creative editing of images, as determined by EJP, and edited images to be downloaded by CLIENT. Additional editing is available at an additional expense to be determined by EJP. CLIENT shall view the online gallery and make all editing requests within 30 days of gallery posting. CLIENT will receive full resolution digital images for personal use and printing. CLIENT shall not manipulate photo such as color editing, photoshop, etc. CLIENT will be provided with watermarked social media files, which are to be used when posting any photos online.
Model Release: CLIENT grants EJP the irrevocable, perpetual, and unrestricted right to use, re-use, publish, and republish photographs of the CLIENT, CLIENT’s property, and any others (and others photographed) photographed for any lawful purpose, including but not limited to: stock photography, editorial, trade, contests, advertising, and any other purpose and in any manner and medium.. I hereby release EJP from any and all claims, liability, actions, and demands arising out of or in connection with the use of said photographs. I further waive any and all rights to review or approve any uses of the photographs prior to EJP’s use or publication of said photographs.
COVID 19: CLIENT understands that newborn photography requires EJP to handle the baby to pose, move props, etc. Both parties understand the dangers involved with the COVID-19 crisis and will take necessary caution to prevent spreading including: washing hands, wearing face masks, and rescheduling if any of the parties are experiencing COVID-19 symptoms including but not limited to, fever, cough, loss of smell or taste, etc. CLIENT or EJP will not be held responsible if either party gets sick after the session. In the case that a reschedule is needed, the non-refundable deposit will be used towards the rescheduled session. Deposit will go towards rescheduled session if rescheduled within 6 months.