AGREEMENT TO SERVICES
This contract is written for the purpose of a portrait session with Wildflower Blooms Photography by Shae Young. The signing of this contract confirms the client’s understanding that it is their choice to participate in the photo session. The client will not hold Wildflower Blooms Photography by Shae Young responsible for any negative actions that may commence from this portrait session, or from any produced images. The client is agreeable to the terms, conditions and timeline of the session, along with the delivery and use of images. I understand that if the client involved in the portrait session is not 18 years of age, a parent or legal guardian must sign and accept responsibility of this contract. Any addendum made to the contract must be agreed upon between the photographer and client in writing. This Agreement shall be governed by the laws of the State of Texas.
The client agrees that Wildflower Blooms Photography by Shae Young (WBP) shall provide services to photograph to the best of its ability in accordance with the portrait session selected. WBP will provide a digital gallery of fully edited images that fit within the style shown in the portfolio. Every effort will be made to assure your satisfaction according to the industry standards.
Liability & Injury Release
My involvement and/or participation in a portrait session is voluntary, and I am acting under my own free will. I do not have any medical ailments, physical limitations, or mental disabilities that will affect my ability to participate in a photography session. Wildflower Blooms Photography and it’s employees/contract workers, spouses and next of kin (here after referred to as releasees) undertakes no direct legal or financial responsibility for my personal safety or well being when I am participating in a photo shoot. I assume the risks, including, but not limited to, those outlined in this agreement. I forever release Wildflower Blooms Photography by Shae Young, all related participants and releasees, from any and all claims and causes of action that I or my representatives now have or may have in the future, such as, personal injury, property damage arising out of participation in a photography session. I am 100% liable for all medical expenses incurred as a result of any injury or property damage during my participation in a photography session.
I hereby grant the following rights and permissions to Wildflower Blooms Photography by Shae Young, legal representatives and assigns, those for whom WBP is acting, and those acting with authority and permission. Wildflower Blooms Photography by Shae Young has the absolute right and permission to take, use, reuse, publish, and republish photographic portraits or pictures of myself/minor, or in which I/minor may be included, in whole or in part, without restriction as to changes or alterations from time to time, in conjunction with the my own/minor’s name, and in any and all media now or hereafter known, including the internet, for art, advertising, trade, or any other purpose whatsoever. I also consent to the use of any published matter in conjunction with such photographs. I waive any right that I or the minor may have to inspect or approve any finished product or products or the advertising copy or printed matter that may be used in connection with such photographs or the use to which it may be applied.
I also understand that all images provided to me are at the discretion of the photographer. Unedited images will not be provided. The photographer has the right to choose and edit such photos under her professional opinion.
A signed contract and a non refundable retainer of $50.00 are required to schedule your session with Wildflower Blooms Photography by Shae Young. The session fee is non-refundable, non-transferable. The client is responsible for paying the non-refundable Retainer of $50.00 before the session date is held. Your Session if not "official" and will not be put on the calendar until your full non-refundable Retainer fee is paid. All payments will be accepted by Square invoicing, cash, check, or credit/debit card. Client acknowledges and agrees to session fees and charges as provided by photographer.
Client acknowledges payment will take place immediately after session.
Please provide at least 48 hours notice if you have to cancel for any reason. If you need to cancel, rescheduling will depend on availability of the photographer. If 24 hours notice is not provided, all retainers will be forfeited. If for some reason I have an emergency and need to reschedule for any reason, you will also be notified as soon as possible. I have a strict sick policy to ensure the safety and well being of every newborn/child/family that enters the studio. Please do not come to your session if you or your child are ill. I will cancel the session if it appears you are ill and rescheduling will depend on availability.
The Copyright of ALL images are held by Wildflower Blooms Photography by Shae Young. A Print Release will be given to the client after the Collection Package is paid for in full. This allows the client to PRINT images, but does NOT allow clients to edit, alter, copy, or crop the images. The photographs produced by Wildflower Blooms Photography by Shae Young are protected by Federal Copyright Law and all rights are reserved. Each session will include high-resolution digital images with print release. These photographs are limited to personal use only. Commercial use is prohibited. 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 Wildflower Blooms Photography by Shae Young during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, Instagram or hard copy images. This includes screenshotting, editing and adding filters to any image.
NO additional photography is allowed at your session, including cell phones. Please leave the photography to Wildflower Blooms Photography by Shae Young. After all, it is the service you are paying us for! :)
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, behavior of children, or by not following the recommendations of the photographer. Sessions will NOT be rescheduled for No-Show Clients. A NEW session fee and session date will need to be booked. Your session will begin at the scheduled time, even if the client is late. The session end time will remain the same. A strict timeline will be enforced to ensure all obligations of this contract are met.
Deposits, Retainers and Session Fees are Non-Refundable. If a session must be cancelled by WBP due to weather, illness of photographer or client, the session fee will be transferred to a later date within 2 weeks of the original date.
Delivery of images
Photographer makes every effort to have full gallery of images edited and delivered to client within 21 business days (M-F) of scheduled session. This is determined on photographer's current schedule. If the time of delivery images is going to be delayed, client will be notified. Please allow up to 4 weeks after delivery of digital images for delivery of any products (prints, albums, canvas, etc.).
Limit of Liability
In the unlikely event that the photographer is injured or becomes ill and is unable to photograph your session, every effort will be made to schedule a reshoot for the next available time based on the photographer’s schedule as long as the situation is unable to be controlled. In the unlikely event the photographs have been lost, stolen or destroyed beyond photographer’s control, Wildflower Blooms Photography by Shae Young liability is limited to return of all payments received for the portrait session. Photographer is not responsible for any damage to images after delivery, including transit. If WBP cannot provide a gallery, due to images damaged or lost through computer or camera malfunctions, your images will be retaken or a refund of the session fee will happen. If the session fee is refunded, Wildflower Blooms Photography by Shae Young has no further obligation to the client.
Cake Smash / Milestone Session
If your session includes a cake smash, it is the client's responsibility to notify photographer of any allergies, or any potential allergies the child may have. Arrangements will be made in this situation. Wildflower Blooms Photography by Shae Young is not responsible if child, client, or anyone involved in session appears to have an allergic reaction. I work with a local business for cakes, but can not guarantee allergy-free ingredients. Milestone sessions will be scheduled within two weeks before or after the date of baby's "milestone day," unless the client requests otherwise. For rush editing services, an additional fee of $100 is due at time of session. This ensures the images are delivered with 3 business days following the scheduled session.
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. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $400.00. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
If either party to this Contract brings a legal action against the other party to this Contract to secure the specific performance of this Contract, collect damages for breach of this Contract, or otherwise enforce or interpret this Contract, the prevailing party shall recover reasonable attorney's fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.