C O N T R A C T

Session Date & Time:{session108}

Location: {locationOf}

Type of Session: {typeOf74}

Discount:  {familySpecific96} {applicableDiscount}

Travel Fee: 75 cents per mile greater than 20 miles out of area code 92021

{familySpecific96}

PARTIES.

{name}  is/are hereinafter referred to as “Client.”  

Morgan Liberatore of Morning Owl Fine Art LLC is hereafter referred to as “Photographer.”  

Photographer is in the business of providing professional photography services and products and Client wishes to retain Photographer’s services for the session(s) set forth above.  

Any agreements set forth in this contract will and must be passed on to additional photographers or videographers present to include a replacement backup photographer.  

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.

SESSION.  

Client is guaranteed photography services for {typeOf74} {desiredLength} {familySpecific96} session under the following guidelines. Photographer will be the exclusive Photographer/videographer during the session.

Client is expected to arrive on time and ready to the session or will result in reduced shooting time available with fewer images in selection.

DELIVERY OF IMAGES AND WHAT TO EXPECT.

1 guaranteed 'Sneak Peek' will be delivered within 48 hours of the session to Client directly and indirectly through social media postings. Only appropriate 'Work Friendly' images will be electronically shared. 'Work Friendly' is defined as full coverage of genitalia, gluteal cleft, and mammary papilla; such as what a bikini covers.  

The entire proofing gallery of usable images will be delivered within 20 days of the session where Clients will be able to select a number of images to have printed and/or print rights to (including sneak peek), after final payment. Digital Gallery purchases will be delivered within 1-5 weeks after final package payment and physical products within 2-6 weeks. 

The image count is predetermined by post session package with the optional add ons.

Client is expected to safeguard and download all files within 45 days of initial gallery delivery to ensure safekeeping. Files will be achieved after 45 days and a retrieval fee will occur.  

Disclaimer.  

The content of the gallery is at the discretion of Photographer as the sole artistic discretion and Photographer cannot promise that Client's images will be an exact duplicate of any requested image. Not all images taken during the session will be offered to Client. Only usable images will be edited and added to Client’s gallery. Client will not have the right to see unedited photos and cannot request unedited photos or RAW files. Images will be hand edited based on Photographers editing style while preserving all physical details such as moles, scars, sizing etc. Anything temporary and undesired by Client may be edited free of charge based on complexity and on a case by case basis.

PRICING AND OTHER COSTS.

All weekend sessions (F-Sun) are $250 and do not include physical or digital products - all are sold seperately in the packages below. 

Any east county week day session (M or W) are $350 and include 4 digital images 3 of Clients choice and 1 of Photographers choice.

Fine Art Packages

Lux Set. $1595:  12x12 signature album with 30 images, high res file of each album image on USB, one canvas or wood print up to 24", additional 10% off all a la carte items, & complimentary session within 1 year.

Signature Set. $750:   10 Fine-Art mounted prints 8x10 or 8x12 of 10 images of your choice & high res file of each print.

Classic Set. $300:   5 Fine-Art mounted prints 8x10 or 8x12 of 5 images of your choice & high res file of each print.

* Add 7.75% to any physical product purchase for CA sales tax

Digital Only Packages

Best of the Best. $995:  25 high resolution digital images of your selection.

Basic. $495:  10 high resolution digital images of your selection.

Classic Set. $250:   5 high resolution digital images of your selection.

A la carte menu **pricing guaranteed up to 6 months post session**

Up To	Canvas or Wood Print	Mounted Fine Art Print
40"	535	325
30"	425	275
24"	325	225
20"	275	175
14"	225	125
10"	200	75

Requests for 'extra' modifications to images such as 'liquifying', changing backgrounds, etc can be requested at an additional price of $10 an image to fully retouch or modify; this price is on top of the sitting fee and image purchase.

USB drives or CDs are extra and are available for purchase for $20 to handle cost and shipping.

If Client ever needs images pulled from archives, an additional fee of $30 will occur after 45 days post gallery delivery.

Any alternate payment method, such as venmo business, paypal goods and services, credit card, will all result in a 3% fee of the total. Alternate payment methods without fees may be used such as Facebook pay, Zelle, Bank Transfer, Cash App, etc.

SOCIAL MEDIA, ONLINE SHARING, COPYRIGHT.  

All photographs taken by Morning Owl Fine Art Photography are protected by Federal Copyright Law (including digital files). Upon final payment by the client, the client has limited copyright ownership for printing only of the resulting images, which may be used only for personal use and may not be copied or reprinted without express written permission.

Client is prohibited from further editing of images (with the exception of cropping for personal printing purposes). This includes black and white filters or any filters from applications on any social media.

If you are posting on social media, you are obligated to credit / "tag" Morning Owl Fine Art.

**Print release is only for size 20x24 or smaller, larger prints must be ordered through a trusted vendor by Photographer to ensure quality**

MODEL RELEASE.  

The CLIENT & Subject hereby grant to Morning Owl Fine Art Photography 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; and to copyright the same. The CLIENT hereby releases Photographer and its legal representatives and assigns from all claims and liability relating to said photographs. While Morning Owl Fine Art Photography reserves the right to use any image for display, due to the private and very personal nature of birth photographs, Photographer will respect the Client's wishes regarding using or not using specific or graphic images and to be determined on a case by case basis. Client understands by signing this agreement, Client is giving consent to the Photographer can use the images for any reason, including marketing and for use on Photographer’s portfolio, website, blog, Facebook page, or other social media platforms. Images described are of {name}, and any present members to include:  {nameOf} {person1} {typeA100} {typeA101} {typeA102} {typeA103} {typeA104}. 

CANCELING AND REFUNDING.   

Photographer may subcontract a replacement photographer for your session due to Photographer’s illness or military obligations. While Photographer may be able to find a replacement; not all guidelines set out in this contract may be applicable to replacement such as travel fee, how many images are offered, and print release.

If Client cancels for any reason 2 months prior, all payments will be returned minus payment processing fees (5-15%). 14 days prior, any payment above the session fee will be returned; 48 hours or less prior to the session, no return will be made.

If Client is late to the session by less than 30 min; a session will still occur at a reduced time slot. Greater than 30 min without any communication will result in forfeit of session. A reschedule may be offered, one time, at the discretion of reason for tardiness or no show. 

If Photographer cancels for any reason other than Emergency Medical or Military Obligations, a reschedule for a comparable type of Session will occur.

If Client and Photographer are not able to agree on a rescheduled date within 30 days due to scheduling issues from either party (and Photographer is able to provide proof of schedule conflicts and/or health conflicts) then both parties are released from this contract (does not include unforeseen additional circumstances as further described) and negotiation will occur.  

If Client’s digital images are damaged or lost prior to viewing Client gallery for any reason by the Photographer, only then will Client session fee will be refunded in full if a reshoot cannot be scheduled by terms above.

If adequate time is given to Client by Photographer to view/download images, 45 days, yet, Client fails to download or view images, a refund will not be given; an archival fee may apply to reactivate images.

**No refunds will be given for dissatisfaction with Client images due to the nature of Photography**  

Print products may not be returned for any reason to the Photographer. Purchases of prints through a 3rd-party provider and marks the release of responsibility of the printed images. There are no refunds or exchanges of any digital or physical products.  

No refund will be given due to lack of subject cooperation or error of those present. The term "error" is at the sole discretion of the Photographer.

LIMITATION OF LIABILITY; RELEASE OF PHOTOGRAPHER.

If Client has any claim or cause of action against Photographer under this Agreement or based on the services provided hereunder, whether arising in tort or contract, or if Client is personally injured while Photographer is providing the services under this Agreement, even if based on or caused by Photographer’s negligence or the negligence of Photographer’s employees or independent contractors, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages, including but not limited to direct, special, incidental, indirect, or consequential damages, claimed by Client.   

Client’s recovery is likewise limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged.  

Photographer is not responsible for digital files once they are purchased and received by Client. Client is responsible for making electronic backup copies of any digital files that are purchased from the Photographer within 45 days of release. 

 RELEASE OF LIABILITY FOR THIRD-PARTY ACTIONS.

Photographer is not liable for any actions of third parties who may illegally obtain the photographs taken at Client’s session, including but not limited to, a third party who may steal Photographer’s camera, memory card(s), computer(s) or hard drive(s), a third party who may breach the online proofing system used by Photographer, or the mail carrier used to deliver Client’s prints, album, digital files or other photographic art products.

Photographer is likewise not liable for any actions of third parties that occur after the prints, album, digital files or other photographic art products are delivered to Client’s possession, and Client assumes all responsibility for securing the privacy of the images in Client’s possession.

Photographer is hereby not responsible for any situation in which this contract is not fulfilled due to unknown hospital or birth center policies. Please also know that we will be limited by the guidelines (if there are any) of the facility and/or the delivering doctor/midwife, some of which arise during delivery to include COVID-19 protocols. Negotiation for the moderation of the guidelines is your responsibility. If you are planning a birth at home or in a birthing center, please check with your midwife AND your back up hospital in case of a transfer.

 SAFETY.

The Photographer reserves the right to terminate coverage and leave the location of the event(s) if the Photographer experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the event(s); or in the event that the safety of the Photographer is in question.

Photographer is released from liability of injury to Clients or present individuals. Client is responsible for the safety of the session, not the Photographer. 

Photographer is likewise not liable for any claims connected to COVID-19. Vaccination status is private health information and is not to be shared. Photographer will wear a mask according to current health recommendations for indoor close contact sessions. 

Due to the nature of Birth Photography, medical professionals are responsible for the safety of the environment. The sole purpose of the Photographer is to document what is happening and not to medically intervene.

 ELECTRONIC SIGNATURES.  

This Agreement may be signed in any number of counterparts, each of which shall be deemed an original, and all signatures together shall constitute one and the same agreement.   

This Agreement may be signed via fax, email or other electronic means, any of which will be fully binding as an original signature.  

WHEREFORE, the parties execute this Agreement on the date first written below.

 

 

Contact : 619.663.6380

morningowlfineart@gmail.com

www.morningowlfineart.com

www.facebook.com/morningowl 

www.instagram.com/morning_owl_fine_art

www.instagram.com/militarysandiego

Make sure to like our Facebook and Instagram page to see your Sneak Peaks! Don't forget to share and tag us to receive referral credits for your sessions.