Photography Services Agreement

Session & Payment
The session date and time are not considered reserved until payment has been received in full and this Agreement has been completed. All payments are non-refundable. Payment secures the Photographer’s time and availability and prevents that session time from being offered to another client. Failure to submit payment and the signed Agreement may result in the requested date and time being released to another client.

Cancellation and Rescheduling
Because session dates are reserved specifically for each Client, all payments are non-refundable if the Client chooses to cancel. The Photographer understands that unexpected illness and emergencies happen. Client may request one (1) reschedule due to unexpected illness or emergency without forfeiting the amount already paid. The rescheduled session must be arranged based on the Photographer’s availability. If Client cancels, is unable to attend, or requests an additional reschedule after the complimentary reschedule has been used, the original payment will be forfeited and a new session and payment will be required.

Weather
For outdoor sessions, weather conditions can be unpredictable. Photographer and Client will communicate as the session approaches if rain, storms, extreme temperatures, unsafe conditions, or other weather concerns may affect the session. If Photographer determines that conditions are unsuitable or unsafe for the planned session, Photographer and Client will work together to select an alternative plan, location, or mutually agreeable rain date. Weather-related rescheduling initiated by the Photographer does not count toward the Client’s one-time illness/emergency reschedule. Cloudy skies, wind, cooler temperatures, or other less-than-ideal conditions do not automatically require rescheduling. Final determination regarding whether conditions are appropriate for photography will be made by the Photographer.

Photographer Illness
In the unlikely event that Photographer is unable to photograph the session due to illness, emergency, equipment failure, or another circumstance outside of Photographer’s reasonable control, Client will be offered a rescheduled session. If Photographer is unable to provide the photography services and a mutually agreeable rescheduled date cannot be arranged, Client will receive a refund of payments made for services that were not provided.

Late Arrivals
Clients are responsible for arriving on time and prepared for their scheduled session. Late arrival does not guarantee an extension of the scheduled session time, particularly when Photographer has additional sessions or commitments following the Client’s appointment. For mini sessions or other back-to-back sessions, the session will still end at the originally scheduled time. Significant lateness may result in a shortened session or inability to complete the session, and payments will remain non-refundable.

Client Cooperation
Photographer will make reasonable efforts to capture the individuals, groupings, poses, and images discussed with Client; however, specific photographs, expressions, poses, or results cannot be guaranteed. Client understands that successful images depend in part on the cooperation of all participants, including children. Photographer is not responsible for missed images due to lack of cooperation, late arrival, failure to follow instructions, or circumstances outside Photographer’s control.

Artistic Style and Editing
Client acknowledges that they have reviewed Photographer’s portfolio and are familiar with Photographer’s photographic and editing style. Photographer retains creative discretion regarding posing, lighting, composition, image selection, cropping, color correction, retouching, and final editing. Photographer does not guarantee that every photograph taken during the session will be delivered. Final images are selected at Photographer’s professional discretion. Unedited or RAW image files are not included and will not be provided to Client.

Image Delivery
Final edited images will be delivered through Photographer’s standard delivery method within the approximate timeframe communicated to Client. Delivery timelines are estimates and may vary depending on season, workload, illness, technical issues, or other unforeseen circumstances.

Copyright and Personal Use
Photographer retains copyright ownership of all photographs created during the session. Upon delivery, Client is granted permission to download, print, share, and reproduce the final images for personal use. Images may not be sold, commercially reproduced, submitted for publication, heavily altered, or used for commercial purposes without Photographer’s written permission.

Online Gallery Delivery and Storage
Final images will be delivered through Photographer’s online gallery and will remain available for download for the timeframe communicated at delivery. Client is responsible for downloading and safely backing up all delivered images before the gallery expires. If Client does not download their images before the original gallery expires, or requests that the gallery be uploaded again for any reason, a re-upload fee of $50 will apply. This fee applies each time an additional upload is requested and covers the time and resources required to retrieve, prepare, and re-upload archived images. Photographer retains Client image files for 12 months from the original gallery delivery date. During this 12-month period, archived images may be available for re-upload upon request and payment of the applicable re-upload fee. After 12 months, Photographer does not guarantee or offer storage, retrieval, or re-download of Client images. Client understands that images may be permanently deleted from Photographer’s storage after this period and may no longer be recoverable. Once the original gallery has been delivered, Client is responsible for downloading, storing, and maintaining their own backup copies of all images.

Social Media/Image Alteration
Client is welcome to share delivered images on social media. To preserve the integrity of Photographer’s work, Client agrees not to apply filters, significantly alter colors, substantially edit, or otherwise modify the final delivered images in a way that misrepresents Photographer’s work. Reasonable cropping for social media platforms is permitted.

Model Release Explanation
Please select one:
YES — Client grants Photographer permission to use photographs from the session for Photographer’s portfolio, website, social media, advertising, studio displays, competition entries, and other promotional purposes.
NO — Client does not grant Photographer permission to publicly use identifiable photographs from the session for promotional purposes.
Client’s decision regarding the model release will not affect the photography services provided.

Limitation of Liability
Photographer takes reasonable precautions to protect and preserve Client’s images. However, in the unlikely event photographs are lost, damaged, corrupted, or otherwise unable to be delivered due to equipment malfunction, file corruption, accident, or circumstances beyond Photographer’s reasonable control, Photographer’s liability shall be limited to the amount paid by Client for the affected photography services.

Acknowledgment
By signing below, Client confirms that they have read and agree to the terms of this Photography Services Agreement, including the non-refundable payment and rescheduling policies.

Photographer: The Studio on Main St. - Jessica K. Martens