A. Session Fees
Client agrees to pay photographer a retainer at the time of booking to secure their session / event appointment date and time. This is a non-refundable retainer fee that goes toward your session / event and the remaining balance is due at the time of the session. The session fee covers the aforementioned included services.
B. Tardiness / Cooperation
Each session has a designated amount of time that is blocked off in Photographer's calendar and often, photographer books sessions back-to-back. Photographer makes every effort to stay on time with session(s). Please be considerate of the time and the other appointments & sessions that Photographer may have scheduled for the same day of the session. Please plan to arrive 5 minutes before session time to locate photographer, prep, and begin session promptly. Beginning session late due to Client's tardiness may reduce session time depending on the Photographer's schedule. Failure by Client, Client’s guests, or subjects Client desires photographed to reasonably cooperate and accommodate Photographer’s needs to shoot photographs, including delays for any reason by any party other than Photographer, shall not be Photographer’s responsibility and Photographer is not responsible for images not taken that would have normally been taken during that time.
C. Location Costs & Fees
Unless Photographer sets the location of the Session/Event, Client is responsible for acquiring all permits and necessary permissions for all locations at which Photographer will be performing services. If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. (i.e. parking, admission tickets to zoo, national park fees, etc). Photographer will travel within 20 minutes of Chattanooga, TN. Any location outside of these limits will be subject to an additional charge of $.52/mile as part of the agreement.
D. Rescheduling & Event Substitution
If a situation arises such as illness that prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, is a no-show, or decides to completely cancel the shoot, the retainer paid is non-refundable and deemed liquidated damages to Photographer for loss of business opportunities incurred while accommodating Client’s desired session/event date. It is at Photographer discretion whether to allow client to reschedule to an alternate available session day/time depending on the nature of emergency. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. In case of inclement weather such as: significant overcast, rain, or temps colder than 45 or hotter than 100 degrees which hinder a successful session, Elizabeth Burns will reschedule. Please note that Elizabeth Burns does not typically reschedule sessions indoors as the studio is shared and pre-scheduled. This clause does not apply to special events / weddings. If Photographer is injured or becomes too ill to photograph the Event, Photographer will make every effort to secure a substitute photographer of at least similar skill and experience.
E. Re-shoots / Refunds
Re-shoots and refunds will not be given for uncooperative clients (including children), poor choices of clothing, make-up, hair, or by not following the recommendations of the photographer.
Should a portion of Photographer’s photographs become lost, stolen, destroyed, or otherwise irreparably damaged due to equipment failure or otherwise, Photographer will refund to Client a prorated amount of fees calculated as the percentage of images lost of total number of originals. By way of example, if 100 images were taken and 15 were destroyed, Client would receive a 15% return of the total fee, exclusive of returned check charges. Otherwise, all sales are final.
After three (3) months, client galleries will be purged and moved to Photographer's archives. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control or responsible for files after the gallery has been successfully sent to the client.
All payments are due in full unless payment arrangements have been made. The remaining balance of the session fee is due at the time that services are rendered. There is a $20 late fee per day on any late session fee and images will not be released to the client until the final balance is paid. Client shall pay $25.00 for any returned check for any reason.
H. Print Orders
Photographer is not responsible for print purchases through Client Gallery on website as those orders are fulfilled by a third party photo lab.
I. Model Release
I hereby give to Elizabeth Burns Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
J. Limitation of Liability and Indemnification
Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business (or any employees of Elizabeth Burns Photography, sub-contractors, and/or venue owners). The entirety of either party’s liability to the other under this contract is the total fees received by Photographer for the service in dispute, exclusive of fees for returned checks. Notwithstanding the foregoing (a) Customer’s liability limitation is exclusive of Photographer’s attorney’s fees, expenses, and costs should Photographer prevail in any action brought by Customer or, in instances of indemnification, brought by Photographer; and (b) Customer shall indemnify, defend, and hold harmless Photographer for all damages, including liabilities, damages, costs, expenses, and attorneys fees, incurred by Photographer by any third party for all claims related to the Services provided to Customer, Images, and Deliverables.
Elizabeth Burns Photography retains all copyrights to all images created during client’s session. A print release can be supplied to Client by Photographer upon request to print digital portraits for personal use. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission as this is illegal to do so.
Note from photographer: I work very hard to create these images for you. I know you will want to share them and I include a Facebook preview for that very reason as well as providing you your digital files for personal use. I politely ask that you provide credit to me and/or link back to my website/facebook page if possible.
L. Completion Schedule
During peak time, please approximately 3 weeks for galleries to be completed and up to 6 weeks for events. If completion will take longer for any reason, Elizabeth Burns Photography will notify the Client as soon as possible.
Note from photographer: I know waiting is the pits, but please understand that it does not necessarily take me that long to complete post-processing of your session/event, but I am a one-woman show and I only have so much time per day to allot to editing in addition to working my full-time job and being a wife & mother ;) Additionally, I also stay pretty booked so I edit sessions & events in the order that they were shot and keep a steady lineup. I don't want to rush your images, so this is why I provide a preview on Facebook to tie you over and complete your gallery as quickly & efficiently as possible. If you need an image for a gift or invitation, for example, feel free to contact me to accommodate your request.
M. Independent Contractor
This contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
N. 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. This contitutes an order for one portrait session or special event coverage with Elizabeth Burns Photography. This Agreement shall be governed by the laws of the State of Tennessee and the courts of Hamilton County, Tennessee if applicable.
*I love and appreciate any behind-the-scenes photos you'd like to share, but please ask before using cameras/camcorders/any type of recording device (this includes cell phone cameras) during the session. This does not count professional videographers hired to cover special events/parties.
*Session start at the agreed upon time. It is strongly encouraged that client arrives about 5-10 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.
*It is recommended to schedule session(s) with consideration of any childrens nap/bedtimes/snack times for best possible results.
*Please make sure hair is combed and face is clean and free of runny noses or eyes.
*Please avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.