Entire Agreement: This agreement contains the entire understanding between Daydream Photography by Katherine Weeks, referred hereto as photographer or the photographer and the person named above hereto referred to as a client or the client. It supersedes all prior and simultaneous 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, that does not mean that any other provision is also waived.
Reservation: The full fee for this session is stated above. The session date and time shall be reserved and confirmed when the session retainer fee has been submitted along with this terms and conditions agreement. This fee is not refundable except for the reasons stated in this agreement below. It is requested that the Client honors the original booking date and time but there are provisions in place if this is not possible.
Image Product: Images from your session are sold separately in a private password protected online gallery where you are free to create your own collection of digital and printed products.
Cancellation: The Photographer is foregoing other employment by entering into this agreement to secure the session date/time on the Photographer's calendar. Cancellation or no shows shall be considered a breach of contract and Daydream Photography by Katherine Weeks shall retain the session retainer fee.
Weather: In the event of weather conditions that are out of our control: The client will be contacted and advised to reschedule at no further cost to the Client if the photographer has concerns about the weather. Due to photography equipment as well as personal safety, it is up to the photographer’s discretion if bad weather persists to cancel the session, before or during the session. If a session is taking place and weather conditions such as (but not limited to) temperatures and temperature indexes below 45 or above 95 degrees, thunder and/or lightning storms, and the Photographer must stop the session the Client can re-book the session at no cost. If the client has been contacted and advised to reschedule due to the photographer’s concerns about the weather, and the client makes the decision to go ahead and reschedule, the client will not be charged any additional fees as long as the rescheduled session is within 3 months of the original session date. Should the client choose not to reschedule for any reason, the session retainer fee is not refundable.
Personal Emergencies/Illness: The Photographer requires that the Client gets in contact as soon as they are aware that they may not be able to attend their scheduled session. Notification of cancellation must happen at least 4 hours before the session is to start. However, in cases of extreme emergency (death of a family member, accident, emergency hospital stay) it is understood if notification takes place later. In any case, the client will be allowed ONE (1) opportunity to reschedule the session in lieu of the original session. The reschedule date must be within THREE (3) months of the original date. If the reschedule date is canceled for any reason (other than photographer illness or weather) there shall be no more opportunities to reschedule and the session retainer fee shall not be refunded. Should the Client not reschedule for any reason, the session retainer fee is not refundable. Should the Client not show up to the session without notifying the Photographer the session retainer fee is not refundable and the Client may only reschedule with the payment of a new session fee.
Cooperation: The Client agrees that all parties will participate with cheerful cooperation and communication for the best possible result for their session. The photographer will not be held accountable for not photographing desired people if there is no one to assist in identifying people or gathering people for the photographs. Daydream Photography by Katherine Weeks is not responsible if key individuals fail to appear or cooperate during photography sessions. The Photographer will stop a session with no refund to the Client if any parties involved in the session are believed to be under the influence of drugs or alcohol, are behaving rudely, are disrespectful, or harassing the photographer or any other involved parties or the public in any way. No other cameras (including cell phones) other than that of the photographer and/or her assistant shall be used during the CLIENT’S session. The use of any outside cameras will result in the termination of the session at no refund to the client.
Copyrights: The photographs produced by Daydream Photography by Katherine Weeks are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Daydream Photography by Katherine Weeks’ explicit written permission. It is a breach of this agreement to not only reproduce images printed or digital but to add any editing (Instagram filters, photoshop, etc) to images. If displayed on social networking sites, (Facebook, Instagram, Twitter, etc) the photographer requests that "Photos by Daydream Photography by Katherine Weeks" be somewhere visible on the photo or on the information tab below every single photo, however, this is not required.
In the case of digital image purchases, the client will receive a limited print release outlining the legally permitted use of the copyrighted images that are purchased.
Creative License: The Client understands that the Photographer retains all creative rights, artistic rights and copyrights to the images shot at their session. The Photographer retains the right to choose which images from the session will be edited and how they will be edited and enhanced and which images will be added to the private online gallery.
Model Release: The Client hereby grants Daydream Photography by Katherine Weeks and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Client or in which the Client may be included, for editorial, trade, advertising, and any other purpose and in any manner and medium; to alter the same without restriction and to copyright the same. The Client hereby releases Daydream Photography by Katherine Weeks and its legal representatives and assigns from all claims and liability relating to said photographs.
Limitation of Liability: In the unlikely event that the photographer is injured or becomes too ill to photograph the session, Daydream Photography by Katherine Weeks will make every effort to reschedule the Client’s session as soon as possible. All rescheduled dates must be within 3 months of the original session date, otherwise, a new session fee will be charged. If the situation should occur in which a session cannot be rescheduled responsibility and liability are limited to the return of payment received for the session.
Daydream Photography by Katherine Weeks takes the utmost care with respect to exposure, transportation, and processing of the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Daydream Photography by Katherine Weeks’ control, Daydream Photography by Katherine Weeks’ liability is limited to the return of all payments received for the session.
The Client is responsible for themselves and all parties involved in their session. They and all parties involved attend and participate in the session at their own risk. The photographer and/or the location property owner will not be held not liable for injuries incurred by the Client or any other parties involved in their session through the duration of your photography session or during travel to or from your photography session. The Client, their heirs, and next of kin fully release me, Katherine Weeks, as well as any employee or independent contractor from any and all liability, claims and/or litigation or other actions that they may have for injuries, disability, death or damages of any kinds, including but not limited to direct, special, incidental, indirect, punitive, consequential damages whether arising in tort contract, breach of warranty, even if caused by the negligence of the photographer or any employee or hired independent contractor of the photographer.
Props: The client may bring along any props that they would like in their photos. In the event that the client has forgotten a prop for the session and wants photos with that prop, the client will be charged an additional session fee to reschedule or shoot additional photos. It is recommended that the client bring along a blanket that will coordinate with their outfits if they would rather not sit on the ground for certain images.
Appearance: In the event that the client would like additional photos due to appearance out of our control (hair/makeup, etc.) in the previous session, the client will be charged for an additional reschedule or shoot additional photos.
Locations & Location Fee: A location will be chosen by Daydream Photography by Katherine Weeks based upon input from the client. Daydream Photography by Katherine Weeks will inform the client of where and when to meet the photographer no less than 5 days prior to the reserved session date. Daydream Photography by Katherine Weeks will consider requests to shoot sessions in or at The Client’s home only after the Photographer has been able to visit to ensure there will be lighting and space to properly shoot the session.
Some locations require a permit and/or entrance fee the Client will be responsible for the cost of permits and/or entrance fees for themselves and The Photographer and The Photographer’s Assistant. The Client is responsible for securing permits for locations that require them. The permit must be shown to The Photographer prior to the session. If a permit has not been secured for a permit required location the Client may choose to (a) continue at an alternate location or (b) cancel the session at no refund to the Client
Note: ALL newborn sessions are done in the Client's home.
Outfits: The amount of time it takes to change outfits during a session will count towards the total amount of the session time.
Tardiness: In the event that the client is late to the appointment set, the client’s session will conclude at the scheduled time, this will likely result in fewer images.
Image Delivery: The Photographer will choose the best images from your session to edit. The client can expect to receive an online gallery available for immediate download within 3 weeks of the date of the session. The session retainer fee is a creation fee and covers only the planning and preparation of your session as well as the time for photographing, editing, and uploading of images. All images from your session are sold separately in a private password protected online gallery where you are free to create your own collection of digital and printed products or choose from one of our collections. The photographer can not guarantee the quality of any images not ordered directly from Daydream Photography by Katherine Weeks. The photographer will not make images straight out of the camera (aka unedited images) available to the client for viewing for any reason.
Editing and Retouching: Standard edits and retouches include removal of blemishes, rashes, and zits as well as the Photographer's artistic style edits. All other requests for retouches will be evaluated and if feasible pricing will begin at $15 per request.
Archival & Storage: The Photographer archives all edited/proofed images from a session for a period of 6 months from the date of a proofing session or online gallery premiere. After that time, The Photographer retains the right to delete all images from the company's hard drives whether an order has been placed by the client or not. The Client is responsible for electronically backing up their digital downloaded images in at least two secure places and the photographer is not responsible for providing the images to the client a second time should the client lose their images.
Arbitration: In the unlikely event of a dispute arises between parties and cannot be resolved in good faith through informal negotiation, such dispute shall be settled by arbitration. The Photographer and Client shall agree on a licensed firm or individual to conduct the arbitration and shall evenly split the cost of conducting the actual arbitration. The Photographer and Client shall each bear their own costs for legal representation, transcripts, depositions, and any other cost required to prepare the arbitration.
Electronic Agreement: Your submission of payment, as well as this form, is a contract that is the entire agreement of the parties. No other terms or conditions are expressed or implied. Any additions, corrections, or modifications to this contract must be in writing and signed by the Client and the Photographer. Oral modifications are not enforceable. This agreement shall be governed under the laws of the Commonwealth of Virginia.