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  • Oh My Gish Photography Session Contract

  • Created Oct. 11, 2018

    Updated: May 26, 2022

    A. Session Fees

    Client agrees to pay photographer a deposit of HALF at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. The remaining is due at the start of the session.   The cost covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and the images in an online album. Additional editing is available at additional expense to be determined by photographer.  Additional prints or digital images may be available for purchase.

    Future prices for shoots can change. The agreed upon price with the photographer will stay the same even if general changes have been made.

    CD's are not available.

    With the print images comes a set of web images labeled WEB at the beginning of the file. Only those files are allowed to be uploaded to the internet. The client is not allowed to crop out the watermark to publish online or alter the image in any way (filters, etc). If there is an issue with the watermark and cropping (via Facebook crop guidelines, etc), please message the photographer for an alternate watermark placement. Any files uploaded without the watermark may result in a fine.

    MORE BOOKING INFO: Clients are strongly encouraged to pay the deposit by the day following the inquiry. Photographer will not secure any shoot without the contract signed and deposit of half paid. The photographer gives up to 48 hours for the client to pay the deposit (and sign this contract) before the courtesy hold is finished. 

    Edit to add (02/08/2019) - All deposits MUST be paid no later than 24 hours before the desired shoot time.

    **Please see the note on the Oh My Gish Photography page for pricing and additional shoot information before submitting the contract:

    Session Info

    B. Location Costs & Fees

    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. The photographer will not guarantee or arrange payment on any location. Creative fee covers travel in Sierra Vista, AZ.   Any location outside of these limits will be subject to an additional charge of $.25/mile as part of the agreement.

    C. Scheduling

    After the contract is signed, the photographer will discuss with the client available dates for the shoot. Once a date/time is selected, the deposit is due in 48 hours. If the date/time is under 48 hours, the deposit is due within 24 hours to hold. The deposit must be paid no more than 24 hours before the desired time slot. If a deposit is not given in the designated time frame, the spot is open to the next interested client. The photographer does not do same day shoots.

    D. Rescheduling

    If an illness or situation 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, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. No-shows will forfeit the deposit and will not be rescheduled.

    E. Re-shoots / Refunds / Transfers

    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 or weather related issues, or by not following the recommendations of the photographer. The photographer will not do a transfer of the deposit or any other amount paid to another time if the client wants to cancel the original shoot. The deposit is for that shoot only.

    F. Archive

    After six (6) 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. Payment

    All payments are due in full unless payment arrangements have been made. Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received.

    H. Damage

    Photographer is not responsible for any damage caused to equipment by the client and/or affiliated party along with the client. The client is responsible for paying the cost of the damages in full before any images are released to the client.

    Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.

  • I. Model Release

    I hereby give to Oh My Gish 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. Liability

    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.

    K. Copyright & Penalty

    Oh My Gish Photography retains all copyrights to all images created during client’s session. A print release is included with digital files to print portraits for personal use up to designated size listed on print release. 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. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Oh My Gish Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.

    NO unedited/RAW images will be released, no exceptions.

    Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my blog/website/Facebook page instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you. Please do not steal them.

    L. Session Requests

    *Please bring any props or outfits necessary for the shoot after discussing in advance with the photographer. 

    *Session starts at the agreed upon time. If the client will be a few minutes late, please message the photographer ahead of time. Things come up like traffic, last-minute child needs, etc. A grace period of up to 30 minutes is allowed if the photographer is contacted and approves of the situation. After 45 minutes, the photographer reserves the right to cancel the shoot at the expense of the client. 

    *Please do not arrive more than 5 minutes early unless approved by the photographer. 

    *No boudoir shoots will be permitted, no exceptions.

    *Oh My Gish Photography is currently not photographing weddings and couple only sessions. Thank you.

    EDIT TO ADD 02/16/2021:

    ** The photographer chooses the final images unless otherwise asked. If you prefer to choose your final images from a selection, please ask BEFORE the images are edited. The photographer will provide an edited, watermarked preview selection for you to choose from and will edit the final selected images.

  • M. PRINT RELEASE

    Oh My Gish Photography will grant unlimited printing release to the client. The release is fully transferable by the above name FOR PRINTING ONLY, and a copy of the print release document should be considered adequate proof of release by the printer. This release does not include rights of sale, nor is permission granted for contest entry without written permission from the photographer. Reproduction rights of described photography transferred only if signed addendum to this form has been provided by the client. Copyright is retained by Oh My Gish Photography for the client's images.

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