NewBorn Portrait Session Contract
Date of Session
Time of Session
Street Address Line 2
State / Province
Postal / Zip Code
Antigua and Barbuda
Bosnia and Herzegovina
Central African Republic
Cocos (Keeling) Islands
Democratic Republic of the Congo
Turkish Republic of Northern Cyprus
Papua New Guinea
Republic of the Congo
Saint Kitts and Nevis
Saint Pierre and Miquelon
Saint Vincent and the Grenadines
Sao Tome and Principe
Trinidad and Tobago
Tristan da Cunha
Turks and Caicos Islands
United Arab Emirates
British Virgin Islands
Isle of Man
US Virgin Islands
Wallis and Futuna
Client Phone Number
NewBorn Collection I
3 hrs, Slideshow Birth Announcement, 10x10 Photo Book, 30 Birth Cards Announcement
NewBorn Collection III
3 hrs, Slideshow Birth Announcement, 8x8 Photo Book or 30 Card Announcement
New Born Collection III
2 hrs, Slideshow Birth Announcement
Baby First Year Collection
4 Portrait Sessions, 1 hours per session, 5 electronic images per session, custom designed collage or slideshow of Baby First Year
Credit Card Number
Terms and Conditions:
Photographer’s Responsibilities (“Services”).
KreativTouch Group, Inc. (“Photographer”) Photographer hereby agrees to perform photographic services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry. Photographer may employ one or more assistants. Photographer shall, in consultation with the Client, individually edit, optimize, color-correct, enhance, and retouch the images taken at the Event.
A non-refundable retainer (that shall be applied toward the total fee for the Services) of 33% of the event package is due upon execution of this Agreement, at which time Photographer commits to being available to Client on that date (subject to non-payment, reasonable emergencies and force majeure events). Final payment of the balance due for the Services is due at the 2 weeks prior to the session. In the event that Client fails to remit payment as specified, Photographer shall have the right to immediately terminate this Agreement with no further obligation to refund money (including the aforementioned retainer), or to attend the Event. There will be a $30.00 fee for any returned check received by Photographer.
All photographs produced by Photographer are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Photographer’s explicit written permission. It is a breach of this agreement to not only reproduce the images, but to display them on social networking sites (Pinterest.com, Facebook, Instagram, etc.) without proper credit given. If displayed on social networking sites, photos must contain Photographer’s watermark. Upon digital image distribution purchased off your online web gallery, limited copyright ownership of the resulting images will be transferred to the Client under the following conditions: The photographic images are the property of Client for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives. The Client must obtain written permission from and compensate Photographer prior to the Client or the Client’s friends and relatives publishing or selling the photographs for profit.
The term of this Agreement shall commence upon the execution of this Agreement, and shall terminate upon Photographer’s delivery of the final edited digital images, via email link, to the Client, unless terminated earlier as provided herein.
Photographer must be notified immediately of any changes in schedule or location, at least 48 hours in advance of the scheduled Event date. If Client notifies Photographer by phone, a written (i.e. email) confirmation must be sent within 2 days of such notification. If the date of the shoot changes, and notice is not given within the period specified above, then Photographer shall be entitled to 50% of the retainer as liquidated damages for having to reschedule the event. The remainder of the retainer shall be applied toward the new date, but Client shall be responsible for making up the deficiency retained as liquidated damages.
Upon acceptance of these terms and payment of the retainer, Photographer shall commits to the specified date and time, and shall make no other reservations for that date and time. If Client cancels the Event entirely, then Photographer shall be entitled to 100% of the retainer as liquidated damages. In the unlikely event that the Photographer is injured or becomes too ill to photograph the event, Photographer will make every effort to reschedule the session. If the situation should occur and a reshoot does not work out, responsibility and liability is limited to the return of all payments received for the event package.
A presentation of the images selected by Photographer in its sole discretion (“Proofs”) shall be made available to client via an online gallery within 1 week following the shoot. Proofs may include artistic enhancements or touch-ups added to the images in Photographer’s sole discretion. Client has 30 days to order any digital images or prints from Photographer (“Client’s Order”).
The digital images &/or prints shall be delivered no later than 45 days from the date of Client’s Order. It is the Client’s responsibility to immediately inspect the products for any defects. Photographer will offer an exchange or refund for defective CDs or printed products, if notified within 15 days of delivery. Photographer does not guarantee to store or host Client’s digital images. If digital images have been delivered via email link, Client has 30 days from the date of delivery to download the digital images. After the 30 day deadline, Photographer will charge a $50.00 file retrieval fee to resend the digitals with a new link.
Photographer warrants all prices are valid for a period of 30 days following the shoot. Orders placed after such periods are subject to Photographer’s published pricing at the time of the orders’ placement.
Client agrees that Photographer may use images of Client from any portion of the Work for display, publication, or other promotional uses without payment of additional compensation to Client or Client’s agents. Client’s guests at the shoot shall be deemed to have consented to the use of their name, image, or likeness by Client or Photographer for the duration of the shoot, and Client shall indemnify and defend Photographer from and against any claims that any of Client’s guests may assert against Photographer arising from, or related to, the use of any name, image, or likeness of Client’s guests by Photographer.
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. Photographer is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Photographer beforehand.
The state and federal courts serving Gwinnett County, Georgia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts.
The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable attorney’s fees, costs, and expenses arising from such litigation or dispute from non-prevailing party.
This Agreement may not be assigned.
This agreement contains the entire understanding between Photographer and 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. The party against whom a waiver is sought to be effective must have the waiver in writing.
LIMITATION OF LIABILITY.
PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE SERVICES. IN NO EVENT SHALL PHOTOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS PHOTOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES. Photographer takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Photographer’s control, Photographer’s liability is limited to the return of all payments received for the event package. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals.
In the event of weather conditions that are out of our control: If the Client has been contacted and advised to reschedule due to the Photographer’s concerns about weather, and the Client still proceeds with the session and it rains, limiting the time and or photos that were able to be taken, the Client will be charged for an additional session at the Photographer’s hourly rate to reschedule or shoot additional photos. Due to photography equipment, it is up to the Photographer’s discretion if bad weather persists to cancel the session, during the session. If the Client has been contacted and advised to reschedule due to the Photographer’s concerns about weather, and the Client decides to go ahead and reschedule, the Client will not be charged to do so. The Client will then be put on first alert for their session and able to have their session even on non-session days.
The Client is responsible for bringing any of their own personal props that they would like in their photos. In the event that the client has forgot a prop for the session and wants photos with that prop, the client will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos. The photographer will bring any of Photographer’s props that have been requested in advance by client.
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 session at the photographer’s hourly rate to reschedule or shoot additional photos.
All newborn shoots will take place at our Suwanee Studio. If client requests an alternate location, there will be a 50% up charge for the location change.
Location Access and Fees:
If the Client wants to do a session at a location that charges for access, the Client will be responsible to cover fees associated with shooting there, and all parking fees. They are also responsible for organizing the access and any permits related to doing so.
Although there are no additional fees for additional outfits, the amount of time it takes to change into those outfits does count towards the total amount of the session time.
In the event that the Client is late to the appointment set, the client’s session will still be for the same scheduled ending time.
I have read and understand the terms of this portrait contract with KreativTouch Group, Inc.
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