For the purpose of this Agreement,
“Agreement” means the following terms and conditions of this contract, agreed upon by the parties to this contract.
“Images” includes (1) all products and prints created; (2) images on the Bark & Gold Photography, LLC website, blog, social media, and in all media forms now known or hereafter devised; (3) digital files such as jpeg, psd, and all other file formats.
“Photographer” refers to Bark & Gold Photography, LLC, its organizers, principals, members, managers, agents, employees, and representatives, with an address of 438 Independence Rd. Aliquippa, PA 15001.
This Agreement constitutes a full and complete agreement between the parties. There are no oral or other agreements that supplement, modify, or supersede this Agreement. This Agreement describes the terms and conditions applicable to the services available by Bark & Gold Photography, LLC. This Agreement describes the client’s responsibilities and, among other things, limits the liability of Bark & Gold Photography, LLC.
This Agreement is between the Client, whose name and address is listed above, and the Photographer Bark & Gold Photography, LLC, 438 Independence Rd. Aliquippa, PA 15001.
Session Prepayment, Product Credit, Agreement, and Payment. The Client shall make a non-refundable session prepayment payable to the Photographer to secure services with the Photographer. Upon non-refundable session prepayment, the Photographer will reserve the time and date agreed upon by both parties. Complete prepayment is required upon submission of this Agreement.
The Client understands that the session is not booked until the Photographer receives this photography agreement and full prepayment. Failure to submit these items within 24 hours will result in the Client's time slot being reopened for other bookings.
If included with the session, product credit may be applied toward any Images purchased in the form of any combination of products from two or three create-your-own collection categories.
Online Ordering and Products Payment. Payment for product orders shall be submitted to the Photographer via an online storefront hosted by Pixieset. Due to the custom nature of photography and these products, the Photographer cannot accept any changes to the order placed by the Client and all sales are final.
Mini accordion album design is made by the Photographer; however, the Client may choose the Images to include in their album.
Prices listed on the Bark and Gold Photography, LLC website, various advertisements, and in the product guide(s) and design guide do not include sales tax. No products will be ordered or released until the agreed upon amount is paid in full. No refunds or credits will be made retroactively.
The Client is responsible for digital storage of all digital media purchased. Please back up your files on your computer as well as cloud storage for maximum protection. Digital media does fail.
Cancellations/No-Shows. If the Client cancels the session or fails to show, the session prepayment shall be forfeited. Prepayment is only transferable if a date change is necessary as determined by the Photographer as determined under Rain Dates.
The Client shall arrive at least ten (10) minutes prior to beginning of the agreed upon session start time. This will allow for the pet(s) to become comfortable with the area. Because these sessions are scheduled on a very tight basis, any amount of time the Client is late will be deducted from their session. The Client agrees to make an effort to arrive with sufficient time before their time slot to prevent this.
Rain Dates. The Photographer will contact the Client in the event the session must be rescheduled. Unless a call is received from the Photographer, the Client is expected to retain their original session date/time slot. The Client understands that they should keep the potentinal rain date available for rescheduling.
Prepayment is only transferrable to reschedule session rain dates.
Subjects. The Client shall maintain control of all subjects, including human beings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the pet’s immediate area. The Client shall cooperate and follow the directions of the Photographer during the course of the session. Failure to cooperate will result in termination of the session and forfeiture of all session payments.
The Client shall be responsible for providing treats for the pet(s) unless previously discussed with the Photographer. The Client must relay any medical conditions, allergies, or injuries to the Photographer prior to the session.
Additional Pets and Subjects. Because these sessions are limited time-wise, groups of four (4) or more may require additional sessions, which will be disclosed at the time of booking.
Release of Liability and Publication. While the Photographer will endeavor to ensure a safe and professional photographic session, some circumstances are outside the control of the Photographer. The Client agrees that the Photographer shall be held harmless for any and all injury to the Client or pet(s) during the course of the photography session and the immediately surrounding events. If the event is taking place at a studio rental, The Client is responsible for any damage(s) to the studio, including damage to furniture, fixtures, and decor caused by the pet(s). Further, the Client grants to the Photographer the absolute and unconditional worldwide right to use, transmit, display, sell, license, and publish photographs of the Client’s pet(s).
Accidental Waste. The Client shall make every effort to clean up after the pet(s) for any accidental waste that occurs prior to, during, and after the session. The Client is responsible for bringing appropriate clean-up materials to the session.
Completion Schedule. Products generally take about two to four (2-4) weeks from time of order to be processed and delivered to the Client. The Client should place order with enough time to allow for normal delays. The Photographer shall not be held responsible for delivery delays.
Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer shall provide roughly 5-10 watermarked Images for the Client to choose from via a password protected online proofing gallery hosted by Pixieset. Actual number of presented Images depends on length of session and disposition of pet(s) and other subjects during the session. Ordered Images are unwatermarked.
Retouching and Post-Processing. Post-processing and retouching of Images includes basic retouching such as leash removal and minor cosmetic touch ups (flyaways, light blemish removal, and tear stain removal). Harnesses, head leads, etc. will not removed. Extensive retouching is available at $60 per hour with a one (1) hour minimum then billed in 15-minute increments. Extensive touching includes things like heavy blemish/scar removal, changing the color of clothing, removal of pet hair on clothing, etc.
Photographic Materials. All photographic materials, including but not limited to watermarked proofs and previews, shall be the exclusive property of the Photographer. The Photographer shall make an online proofing gallery available within seven (7) days of the session.
Online Proofing Gallery and Storefront. An online proofing gallery and storefront will only be delivered within seven (7) days of the session and shall remain open for two (2) weeks from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $35 un-archival fee shall apply.
Copyright and Reproductions. The Photographer shall retain ownership of the copyright in all Images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client.
It is illegal to scan, copy, or reproduce Bark & Gold Photography, LLC work in any manner. Bark & Gold Photography, LLC goes to great lengths to provide top-quality, beautiful Images that you are proud to display. Copying and scanning these Images greatly reduce their beauty and quality. Please contact the Photographer if you would like additional prints.
Client’s Usage. The Client shall only use the Images, including digital files, in accordance with the permissions within this agreement. The Client’s Images are for personal use only and shall not be used in any other manner, including but not limited to, submitting to contests, reproducing for commercial use, or authorizing any reproductions by parties other than the Photographer. If the Photographer provides a print release that will allow the client to reproduce and distribute all purchased digital Images, so long as it is for their personal enjoyment, the Client must act in accordance with the release. The Client shall not amend the Images in any ways. Amendments include but are not limited to reediting and applying filters. Clients may not utilize the Images for commercial use, photo contests, or alter the Image in any way other than cropping when printing.
The client shall not use the Images for profit or any other commercial purpose, nor shall the client knowingly give the Images to any persons who will use the Images for profit or any other commercial purpose. This includes, but is not limited to: entry into contests, sales to stock photography agencies, and publishing for advertising or profit in any form. Written permission must be obtained from Bark & Gold Photography, LLC if you wish to use Images in a commercial manner.
Cameras, Videos, and Cell Phones. Cameras, video cameras, and cell phone cameras can be distracting to the pet, subjects, and the Photographer and disrputive to the session. No cameras, video cameras, or cell phone cameras are permitted at any time during the session.
Social Media. Only Images that have been resized for the web may be posted online. The client will receive a watermarked web-sized file of each purchased Image that can be used for online sharing. The Client may share blog post links, social media posts, and Facebook 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.
Property Release. For good and valuable consideration, the Client is the legal owner of, or has the right to permit the taking and use of photographers of certain property outlined herein;
Client irrevocably grants the Photographer, his legal representatives, agents and assigns the full perpetual rights to take and use such photographs in advertising, trade, or for any other purpose. The Client releases and agrees to hold the Photographer harmless and defend the Photographer, including the Photographer’s legal representatives, from any liability arising from the use of the Images, intentional or otherwise.
This Agreement qualifies as a model and property release for you, your pets, and your child(ren). The Client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons and property included in the portrait in this manner and shall indemnify and defend Bark & Gold Photography, LLC in the event of litigation arising out of such use.
Failure to Perform. If the Photographer is unable to perform this Agreement 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 session. If a reschedule is unable to be agreed upon due to the Client's availbility, the Client will forfeit the session payment(s). Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited to returning any payments paid with the exception of sessions in which a designated portion of the payment is donated to a charity, rescue/shelter, non-profit, etc., which these organizations shall be permitted to keep.
Charitable Donations. For sessions that contain a charitable component in which a designated portion of the session payment is donated to a charity, rescue/shelter, non-profit, etc. your session payment receipt will serve as a proof of tax deduction.
The Photographer shall be held harmless for any and all injury to the Client, the Client’s pet(s), and the Client’s property during the course of the photography session and the immediately surrounding events.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. The laws of the State of Pennsylvania shall govern this Agreement.
Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
Severability. In the event that any provision of this Agreement is held invalid by any tribunal of competent jurisdiction, the remaining provisions of this Agreement shall not be held invalid and shall remain in full force and effect. The laws of the state of Pennsylvania shall govern this Agreement.