Session Retainer and Payment
The Client shall make a non-refundable retainer in the amount of $99 for the Photographer to perform the services specified herein.
As part of the "Birthday Sale" the client shall also receive:
- $99 Session Fee (FL) $150 Session Fee (TX)
Session Fee Includes: Hair and Make up, Access to Lingerie Closet, Styling, Shoot Time & Reveal and Ordering Appt.
Upon payment, Photographer will reserve the time and date agreed upon by both parties. Session date must fall with in same calendar year of contract date unless agreed upon between photographer and client other wise. Session is no longer redeemable after six months (182 days) from contract date and session retainer and payment is forfeited.
Review and Ordering Appointment
Payment for product orders shall be submitted to Photographer on the day of the in person viewing. Client agrees and understands that they must first apply for PayPalCredit before being considered for a private payment plan. If Client is denied PayPal then we work out private payment plan. Any payment plan agreements agreed to by Photographer and Client shall be included as an addendum to this agreement. A late payment fee of $50 shall be applied to the late payment amount in accordance with the payment plan agreement. No products shall be delivered until the entire amount is paid in full.
The In Person Viewing and Ordering appointment shall be scheduled up to two weeks after the photography session and will be decided upon directly after photography session. All decisions makers are required to be present at the ordering appointment. In the event that the client requests to reschedule the In Person Viewing and Ordering session there shall be a $75 reschedule fee in order to secure another date for viewing and ordering. The In Person Ordering appointment must be scheduled and completed within 30 days of of the session, or session images are purged and client file will be closed.
In the event that the Client requests to reschedule a photographic event, the retainer shall be applied to a rescheduled event if notice is given at least 7 days prior to the scheduled event. Client may only request one reschedule before forfeiting retainer. Reschedule must be within the same calendar year. Any Client that is late arriving to the event will have the amount of time late deducted from the time allotted for the event. Clients shall not be compensated for the time deducted from the event due to late arrival of the Client.
Photographer maintains the right to reschedule if needed due to inclement weather, illness, emergency, etc., at no additional costs to the Client.
If Client requests to amend or cancel this agreement 14 or more calendar days before the agreed upon photographic event date, the retainer shall be applied a mutually agreed upon reschedule date within contract guidelines. If Client cancels, or fails to show, the retainer shall be forfeited.
Completion schedules and delivery of products shall be determined from date of final approval by Client. Third-party manufacturing laboratories are utilized for products and may provide restrictions on an order not outlined in this agreement.
All products shall be delivered 4-6 weeks from date of final design approval by Client to be received by the Photographer.
Client should place orders with sufficient time to allow for normal delays and notify Photographer at the time of the order if there are any extenuating circumstances requiring a quicker turn around. An expedited fee of two times (2x) the cost of the order shall be applied to expedited product requests. The Photographer shall not be held responsible for delivery delays due to the fault of manufacturing and/or delivery services.
Use of Independent Contractor
In the event a Photographer furnishes a hair and/or makeup artist, the Photographer is not liable for any application or services by this independent contractor. This includes but is not limited to allergies as a result of use of the products by the Independent Contractor. It is the Client’s responsibility to convey all allergies to the Independent Contractor.
The Photographer retains the right to cancel the session and retain the retainer amount if the Client has engaged in any body alterations within two weeks of the session. Body alterations are including, but not limited to, self-tanning (spray, bed, etc.), tattoos, piercings, surgeries, etc.
The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Additional edits may be requested for $25 per file.
The Photographer retains creative control of the session. This control is including but not limited to the adjustment of hair, makeup, jewelry, clothing, and clothing straps.
All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. All orders must be placed within the outlined schedules within this agreement. No products, including digital files, will be released until the agreed upon amount is paid in full per the payment schedule outlined in this agreement.
Copyright and Reproduction
The Photographer shall own 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 understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer. Alterations include, but are not limited to, application of filters, cropping, or modifications of any kind.
The Photographer does not provide the Client permission to resize photographs for Internet-based usage.
The Client shall only use the photographic prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use. Further, the Client shall not authorize reproductions by non-purchasers covered within this agreement. Additional prints and/or digital files may be purchased between third parties and the Photographer with the permission of the Client. Accordingly, if the Photographer provides a digital file print release, the Client must act in accordance with the release.
The Client may share web/blog post links and social media albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion. The Client shall identify the Photographer including but not limited to credit and tagging in the caption of all photographs uploaded to social media websites and profiles.
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 Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. 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.
Photographer's Standard Price List
The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
The Photographer shall be held harmless for any and all injury to client 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. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the state of Florida.
The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.