All other prints and products not included in package above can be ordered via www.abigailmyersphotography.com. Original files expire one year from the session date and prices for prints are subject to change without CLIENT notice.
Entire Agreement: This agreement contains the entire understanding between Abigail Myers Photography and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. In the event that the parties waive a portion of this agreement, the contract is not waived in its entirety. The party against whom a waiver is sought to be effective must have the waiver in writing.
Reservation: A signed contract and the package amount are required to reserve the specified coverage. A retainer amount of $50 is due at time of booking to reserve the session and package for. The remaining balance is due 24 hours before.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. In the event that children and/or pets are uncooperative, we will work with them as best we can. In the event that the child(ren) are uncooperative throughout the duration of the session and no acceptable images are able to be achieved our policy is CLIENT has the option to view current gallery and decide to reshoot at a discounted price. CLIENT will be able to keep a limited amount of images from the original session at Abigail Myers Photography discretion. Abigail Myers Photography puts the highest priority on prop and furnishing cleanliness.
Copyrights: The photographs produced by Abigail Myers Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Abigail Myers 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 and apps (Facebook.com, Instagram.com, etc.). If displayed on social networking sites, photos must say, “Photos by Abigail Myers Photography,” somewhere visible on the photo or on the information tab below each single photo. Upon image distribution or images purchased off your online web gallery, the print release of the resulting images will be transferred to the CLIENT under the following conditions:
The photographic images are the property of 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 Abigail Myers Photography -- prior to the CLIENT or the CLIENT’S friends and relatives publishing or selling the photographs for profit.
Model Release: The CLIENT hereby grants Abigail Myers Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, 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 Abigail Myers Photography and its legal representatives and assigns from all claims and liability relation to said photographs.
Limit of Liability: Abigail Myers Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Abigail Myers Photography’s control BEFORE delivery, Abigail Myers Photography liability is limited to the return of all payments received for the session package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Abigail Myers Photography has no liability to keep images once client has downloaded. Abigail Myers Photography is not liable for lost images by CLIENT.
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 Abigail Myers Photography in the caption, or a link to Abigail Myers Photography’s website/social media handle.
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 $10/image, to be paid prior to any additional editing being completed.
Weather Policy: In the event of weather conditions out of our control:
Due to photography equipment and lighting conditions, it is at 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 Abigail Myers Photography’s standards, the CLIENT will be responsible for all charges related to scheduling an additional shoot.
Cancellation and Rescheduling Policy: If you must cancel, Abigail Myers Photography must be notified 24 hours prior to the session time to qualify for a reschedule. The reschedule date will be made as soon as possible, at the photographer’s discretion. Session retainer is non refundable and in the event of CLIENT not choosing to reschedule, session retainer is forfeited.
Props: The CLIENT is responsible for bringing any props that they would like in their photos. In the event that the CLIENT has forgotten a prop for the session and wants photos with that prop, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. All props must be pre-approved by Abigail Myers Photography.
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.
Locations: If the CLIENT wishes to include multiple locations in addition to the package, there will be a fee of $25 per location change. Abigail Myers Photography 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.
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: Sessions are limited times and are meant to include the family plus 4 children only. In the event that the CLIENT wants to add additional family members/friends in the session, they will be a required $10 fee per person, as well as a signed model release at the time of the session.
Tardiness: In the event that the CLIENT is late to the appointment set, 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.
Security Retainers: In the event of cancellation, the retainer amount is non-refundable. It shall be liquidated damages to Abigail Myers Photography in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment of any Abigail Myers Photography material charges incurred up to time of cancellation. If CLIENT needs to reschedule for any reason, CLIENT must do so within 24 hours and any retainer or paid fees will be transferred to the rescheduled session. Any request for reschedule after the 24 hour window will require a $25 rescheduling fee.
Completion Schedule: Editing and image delivery takes approximately 2 to 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.