PAYMENT ARRANGEMENT: The Client will pay the Photographer the total retainer specified and any pre-session purchase of photographic products. For full portrait session (regular price session), half of the non-refundable retainer is due at the time of booking. The remaining balance of the session is due a minimum of 3 days prior to the session. The non-refundable retainer secures the Photography Session date and time, as well as the Photography Session pricing, as of the date of the deposit. The non-refundable retainer will be applied to the Photography Package price. Other images and products are sold separately. Mini Sessions are non-refundable and they must be paid in full at the time of booking to secure your session date and time.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. The retainer fee is non-refundable. It is required that the Client shall provide notice to the Photographer as soon as possible at a minimum of two (2) weeks notice from the Service date for cancellation of this Service Agreement.
It is required that the Client shall provide notice to the Photographer as soon as possible at a minimum of two (2) weeks notice from the Service date for rescheduling Services. The decision to re-schedule the Photography Session is left to the sole discretion of the Photographer.
Photographer reserves the right to cancel the Photography Session due to unforeseen circumstances including, but not limited to: inclement weather, illness, emergency, or any other conditions which the Photographer deems may adversely affect the quality of the Photography Session. If the cancellation is imitated by the Photographer, all monies paid to the Photographer from Client shall be fully refunded, including the retainer fee. Refund shall be paid out within thirty (30) calendar days from the cancellation date.
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 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 retainer is non-refundable.
LOCATION OF SESSION AND SESSION TIME: The Photography Session will take place at the location and time agreed upon by the parties. Additional charges for travel time and travel-related expenses may be required in addition to package pricing. The assessment of such additional charges will be as agreed-upon by the parties in writing prior to the Photography Session. Client should do their best to arrive at least 10 minutes prior to their appointment time. If a client arrives late, the time they missed may not be made up as another client may be set to arrive after. Client agrees that if he or she is late to a session, the client's session will still be for the same scheduled ending time. If the Client is late by more than fifteen (15) minutes, the Photographer may cancel or reschedule the session at the Photographer’s discretion and may require an additional Session Deposit.
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. The client is then able to order prints from the second portrait session only. The client will also receive the digital images 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.
PRINT RETAINERS: Prints are available either individually or in print packages. All prints include standard retouching Prints and products are generally delivered two to four weeks after Client’s print order has been paid in full (Albums may take longer due to lab production). Rush printing and shipping can reduce delivery times by one to two weeks. An additional fee is applied to the cost of each rush print. All print fees are subject to Minnesota's current sales tax.
PRINT/ORDER CREDIT: Any and all print credit or pre-session purchase of packages or products are not redeemable for cash.
IMAGE STORAGE: All raw (non-edited) images are deleted upon failure to meet Photographer's selection process. All edited images delivered via Client's online gallery are stored for a minimum of 30 days after which future storage is at the sole discretion of the Photographer. It is highly recommended that Client backs up any digital images on another media format other than the USB and/or DVD. Photographer cannot be held responsible for the failure of USB and/or DVD due to mishandling. Once the images are in the hands of the client, it is the client’s responsibility to save the images. Backing up your images is very important.
RETOUCHING: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Complex retouching is done at a rate of $30 per hour per image. Photographer has the right to refuse any requested edits to the images. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.
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.
DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of 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. The RAW/unedited images remain the sole property of Photographer and will never be given or sold.
The Copyright Act protects photographers by giving the creator of the photograph the exclusive rights to copy, edit and distribute the image by sale or transfer. These exclusive rights make it illegal to copy, scan, edit or share photographic prints and digital media without the photographer’s permission. Violators of this Federal Law will be subject to its civil and criminal penalties.
The images that are being provided to you are licensed to you for any reason personal, including but not limited to: printing, copying, emailing, and web publishing. Your license does not include use that results in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature. The photographer may revoke this license at any time and for any reason. Photographer retains all copyrights to the images and derivative works thereof.
If you are posting any of the digital files to social media (Facebook, Twitter, Pinterest, Instagram etc.) OR if you share or use any digital files from either Facebook or my website, you may not alter the image in any way (no words or filters added).
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.
If you wish to not have your images posted on any social media platforms please let the photographer know by making a note in the "Note to Photographer" section above.
SESSION IMAGES: Final images will be ready approximately 2-3 weeks after the session date although this can sometimes take longer for larger galleries. The Client will then be sent a link and passwords to access their online gallery to view their photos and select images to include in their session package and purchase additional prints, products and digital images if required. Amanda Nguyen Photography will not release images that are not edited. Images will be edited at Amanda Nguyen Photography’s discretion, and delivered images may not include all images shot. The minimum number of images sent per session is made clear upon booking. Any additional images may require extra fees.
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. 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. In the event the Photographer cannot or will not perform its obligations in any parts of this Agreement, the Photographer will issue a refund or credit back to the Client of all payments received for this session.
RELEASE FROM LIABLITY RELATED TO PHOTOGRAPHY SESSION: Client acknowledges that modeling can, in some circumstances, be dangerous. The Client acknowledges that the Client and any minor children of the Client are not obligated to perform any act the Client deems dangerous or otherwise inappropriate. The Client agrees to let the Photographer know if the Client does not wish the Client or the Client’s minor children to perform or participate in any act, including, but not limited to: the use of props or positioning in certain poses requested by the Photographer. While all reasonable precautions will be made to ensure the safety of any photography model, Client acknowledges that accidents may occur. Client hereby agrees to indemnify and hold harmless the Photographer (including the Photographer’s employees, agents, or business associates), from any injuries, damages, or other losses that may occur directly or indirectly as a result the Photography Session. Amanda Nguyen Photography will not be held liable or any illness or injury that may occur before, during, or after your session.
CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. The 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 retainers will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. The 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, the act of God or other cause beyond the control of the parties, Photographer shall still receive the total retainers outlined in this Contract.
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. It is the express intent of Client that this document shall bind all members of Client’s family, heirs, assignees and personal representatives. Client represents that he/she is 18 year or older, that the photography session was conducted in a completely proper and highly professional manner, and this release was willingly signed.