A. Final Payments
Final payments are due in full 72 hours prior to the photographic event unless other payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment schedule in advance of the photographic event with the photographer, the order will be placed/processed after the final payment has been received
B. Rescheduling/Late Arrivals.
In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least seven (7) days prior to the scheduled event. The Rescheduled event must take place within two (2) calendar 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. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
C. Cancellation.
If the Client requests to amend or cancel this Contract seven (7) or more calendar days before the agreed upon photographic event date, the retainer SHALL be applied to a mutually agreed upon reschedule date.
If the Client fails to show or cancels six (6) or less calendar days before the agreed upon photographic event date, the retainer shall be forfeited.
D. Re-shoots / Refunds.
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair, weather related issues, or uncooperative models.
E. Completion Schedule
The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 2-4 weeks of the photographic event. If an online proofing gallery delivered, it shall remain open for 90 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $25.00 un-archival fee shall apply.
F. Archive.
After twelve (12) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
G. Photographic Materials.
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this Contract. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this Contract.
H. Artistic Rights.
The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of 15+ photographs to select from and shall not receive any photographic materials not presented to the Client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional processing may be requested for $20.00 per file.
I. Copyright and Reproductions.
The Photographer shall retain copyright ownership of all works created in the course of this Contract, including but not limited to all images in their original and processed formats.
It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind. (i.e. Social media filters/frames, black & white conversion)
The Photographer DOES NOT provide the Client permission to resize photographs for Internet-based usage.
J. Client Usage.
The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this Contract. The Client’s prints are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client shall not make, or provide authorization to a third-party to make, reproductions of works resulting from this Contract without express written permission of the Photographer. Additional prints and/or digital files may be purchased between third-parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
K. Social Media.
The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. The Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the “COPYRIGHT YEAR PHOTOGRAPHER/BUSINESS NAME” in the caption of all photographs uploaded to social media websites and profiles.
L. Photography and Videography.
The Client shall not engage in photography or videography during the course of the photographic event unless otherwise agreed to by the Photographer.
M. Failure to Perform.
If the Photographer is unable to perform this Contract due to illness, emergency, fire, casualty, strike, act of God, or causes beyond the control of the Photographer, the Photographer and the Client shall make every attempt to reschedule the photographic event. If a reschedule is unable to be agreed upon, the Photographer shall return the retainer to the Client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to the equipment operation and image processing, or photographic materials are otherwise lost or damaged without fault of the Photographer, liability shall be limited to cost of the contract. In no event shall Photographer be liable for any amount exceeding the cost of the contract.
N. Substitute Photographer.
The Photographer reserves the right to provide a substitute with another photographer in the event Photographer is unable to perform. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this Contract. The Photographer warrants the substitute photographer to be of comparable quality and professionalism. The original terms of this agreement will remain in effect.
O. Photographer’s Standard Price List.
The charges in this Contract are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
P. Travel and Overage Fees.
The Client shall pay $.55 per mile outside the zip code of 98059.
Q. Jurisdiction and Venue.
The parties expressly consent to jurisdiction and venue of the federal and state courts of the State of Washington and the State Washington with respect to any suit, claim or dispute arising out of, or relating to, this Agreement. It is understood and agreed by the parties that the Court where litigation is first commenced will retain jurisdiction over any and all related claims or disputes arising out of and concerning this Agreement. Depending on which State any action may be commenced, this Agreement shall be deemed to have been made in such State, and shall be governed by and construed in accordance with the laws of such State.
R. Indemnification.
Client agrees to indemnify and hold photographer harmless for any and all injury to the Client and the Client’s property during the course of the photographic event and the immediately surrounding events.
S. Miscellany.
This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Contract. This Contract shall be governed by the laws of the State of Washington.
T. Attorney’s Fees.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
U. Construction.
Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Contract. The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
Session Special Requests
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 10-15 minutes prior to the start of session. This allows for any last-minute wardrobe slection/changing, face washing (see below), relaxing and gives time for your child to warm up to their surroundings (and me) before the session begins.
*Please do not bring any other children along that are not being photographed to this session.
*Please make sure your child's hair is combed and face is clean. (Double check for runny noses, sleepy eyes, dry skin, crumbs or other food particals on face.)