A. Session Fees
Client agrees to pay Photographer a retainer fee as a deposit 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 session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the Photographer. Additional editing is available at additional expense to be determined by Photographer. Additional prints or digital images may be available for purchase. No photography will take place and no rights or releases are granted until payment is made in full. The charges in this Agreement are based on the Photographer’s current 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. Remainder of the balance due, if any, is due the day of the session unless otherwise indicated or agreed. This retainer is non-refundable and will be credited towards the session type(s) you choose. There is an additional fee for weekend sessions. All sales are final.
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 (for on location sessions only) within 20 miles of 98290. Any location outside of these limits will be subject to an additional charge as part of the Agreement.
C. Cancellation, Postponement, and Late Arrivals
Client acknowledges that in the event of a cancellation or postponement of the Assignment the Photographer will incur expenses and financial loss. Client agrees to notify Photographer of a postponement at least 48 hours before commencement of the Assignment. If Client fails to provide adequate notice of postponement, Client shall pay an additional fee to Photographer in the amount of the retainer fee to cover expenses that the Photographer has incurred relating to the Assignment. Postponements due to inclement weather will not incur a postponement fee. In the event that the Client cancels this Agreement for any reason before the session takes place, Client agrees to forego return of the reservation deposit. Late arrivals will have amount of time late deducted from the total time allotted for the Assignment. In the event that Client arrives more than 15 minutes late, Photographer reserves the right to cancel the Assignment with no refunds given. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
D. Re-shoots / Refunds
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, after digital images have been remitted, or due to not following the recommendations of the Photographer.
E. Archive
After three (3) 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.
F. Payment/Payment Plans
All payments are due in full unless payment arrangements have been made. Orders, editing, and image procurement/delivery 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.
Payment arrangements are accepted at the sole discretion of the Photographer. The maximum term of payment plan is based on the total value of purchase.
Purchases less than $800 can be split in 2 or 3 payments, due to be paid in full within 45 days. Purchases $751-$1800 can be split in up to 4 payments, due to be paid in full within 90 days. Purchases exceeding $1801 may be split in up to 12 payments, due within 1 year. Payment due dates to be mutually acceptable and agreed upon before entering into payment plan. Images and products, digital or otherwise, will not be remitted until the payment plan is paid in full. Discounts, coupons, and promotions are not eligible for payment plans. All monies paid are non-refundable for any reason. Default of two scheduled payments ends the payment plan with no refund of monies due and no images or product remitted. Entering into a payment plan is agreement with these terms.
G. Damage
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.
H. Model Release
I hereby give to Brea Bursch/CYE 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.
I. LIMIT OF LIABILITY
In the unlikely event that the Photographer cannot perform this Agreement due to a medical or natural emergency, or other cause beyond the control of the Photographer, the Photographer shall return the deposit to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Photographer fails to perform for any other reason, the Photographer shall not be liable for any amount in excess of the retail value of the Client’s order. 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.
J. Copyright & Penalty
Brea Bursch/CYE Photography retains all copyrights to all images created during Client’s session. A print release may be purchased 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 Brea Bursch/CYE 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.
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.
K. Cooperation and Physical Liability
All parties agree to cheerful cooperation and communication for the best possible result within the definition of this Assignment. Photographer is not responsible for missed images due to any individual’s failure to appear or cooperate during the Assignment. If there is any threat to the Photographer or their equipment by any subject, Photographer reserves the right to end coverage immediately with no further liability to finish the Assignment, with no refunds given. Additionally, Client is responsible for their own conduct and the conduct of all participants in the Assignment. Any damage to equipment or studio components caused by the Client are the sole financial responsibility of the Client. Client agrees to hold Photographer harmless for any injuries or damages sustained preceding, during, and immediately following the Assignment.
L. Photographer
The Photographer may substitute another photographer to take the photographs in the event of Photographer’s illness or scheduling conflicts. In the event of such substitution, Photographer warrants that the photographer taking the photographs shall be a competent professional.
M. Inherent Qualities
Client is aware that color dyes in photographs may fade or discolor over time due to the inherent qualities of dyes, and Client releases Photographer from any liability for any claims whatsoever based upon fading or discoloration due to such inherent qualities.
N. Severability
If any provision of this Agreement is held to be invalid or unenforceable under the law, the validity of this Agreement as a whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect.
O. COVID-19
Client knowingly and willingly consents to photography session with Photographer. Client understands the COVID-19 virus has a long incubation period during which carriers of the virus may not show any signs or symptoms and still be highly contagious. Client understands that Photographer will take all precautions suggested with COVID-19 prevention but it is impossible to determine who has it and who does not given the current limitations in virus testing. Client understands that should Client be diagnosed to be positive with COVID-19 within 14 days of session date, Client will notify Photographer of positive diagnosis at their earliest opportunity. Client releases Photographer from any and all liability associate with receiving a COVID-19 positive diagnosis following the session. Client affirms that neither they nor anyone to be photographed during this session is presenting any of the following symptoms of COVID-19: fever, shortness of breath, dry cough, runny nose, sore throat. Should Client present with any of these symptoms within 14 days prior to the session date, Client will contact Photographer to reschedule. Client understands that Photographer reserves the right to cancel or reschedule any session at any point in time due to COVID-19 implemented regulations, health concerns, possible exposure, or arising symptoms of COVID-19, and is not liable for any costs accrued by the client( i.e. hair appointments, cakes, balloons, etc. ) associated with Client's session. Client understands that they may be asked by the Photographer to wear masks and Client affirms they are willing to do so.