Retainer and Payment
A non-refundable fee of $50.00 shall be paid to Photographer to perform the services of photography. Mini sessions have a $15 non-refundable fee. Upon payment, Photographer will reserve a time and date. This time and date will be agreed upon by both parties. This signed contract must be received by Photographer prior to session. The remaining balance of session fee is due before or at the time of session. A bounced check will incur a $25 fee paid by Client. A canceled credit card or failed transaction will also incur a $25 fee paid by Client. Also, a $1 per day fee till the payment is received. After 30 days, Client will be turned into collection services. PAYMENT IS TO BE RECEIVED upon THE TIME OF SESSION.
If the Client requests to amend or cancel this agreement 7 or more calendar days before session date. The holding fee can be moved to a date that is within a months time or an agreed upon reschedule date. If Client cancels this agreement 6 or less calendar days before the session date or fails to show, the retainer shall be forfeited. In the event that Client cancels the portrait session or fails to attend the session on the session date, for any reason, Photographer shall suffer losses that are difficult to ascertain (like a smash cake) .
PLEASE BE ON TIME. Any Client that is late arriving to the session will have the amount of time late deducted from the allotted session time. If, in the opinion of the Photographer, inclement weather or other adverse conditions prevent the creation of a portrait meeting the artistic standards of Photographer, Photographer may elect to use an alternate location or to reschedule session.
Photographer has the right of creative discernment in selecting the photographic materials released to Client. Digitally enhancing the images takes up to four weeks for regular sessions and up to 6 weeks for wedding and large sessions. As always, I try and get the images back in less time but my turn around time fluctuates throughout the year. If you need the images before the four week time period and have not made arrangements prior to the session, there is a $50 additional service fee to rush images. Photographer reserves the right to refuse service at any point. I reserve the right to turn away any photograph sessions where at which I believe that my integrity or my companies integrity would be compromised. If I cannot fulfill a photography request I reserve the right to cancel the session.
Using the Photos
Client shall only use the images and photos as prints, including digital files, in accordance with the permissions within this agreement. Client's images are for personal use only and need written permission to submit to contest, reproduction by parties that are not Photographer. Photographer gives a digital file print release. Client must act in accordance with the release to the given print release. Photographer does not give Client the right to post unedited images to social media. Mini sessions do not come with the unedited images. Screen shots of sessions are less quality so Photographer asks that Client posts a downloaded original image from your disk or flash drive to post on social media, and Photographer asks that you tag her in the image.
Copyright and Reproductions
As the photographer I own the copyrights to all images but the client owns the print release to print images as needed. The unedited images are just for the client and are not released to add to Facebook, Instagram, or other online sites. The photographer owns and is not limited to using her work as marketing materials, portfolio entries, sample products, editorial submissions and other uses. If the photographer desires to make other uses, the photographer shall not do so without first obtaining written permission of the client.
Failure to Perform
If for any reason the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer then the Photographer and Client shall make every attempt to reschedule the session. If for any reason the session need to be reschedule it need to be agreed upon by both Client and Photographer. If they can't agree on a reschedule date the Photographer will return the retainer fee. Furthermore, if the Photographer is unable to deliver her skill due to a technological, malfunctions of camera, process of image failure, lost, or computer crash. The Photographer cannot be held responsible for photographs not taken, missed, or deleted in a computer crash. The Photographer will do her best to fulfill all requests but cannot make any guarantees to all images at session.
The photographer shall be held harmless for any injury to a client or client family member during the session. If we are using public or private land the client agrees to not sue the land owner over any injury that could occur at the session. If for any reason there are animals the client understands that they are responsible for there children and animal are subject to there own behaviors and is not the owners responsibility.
If any parties of this contract bring a legal action against the other party to this contract to secure the specific performance of this contract. The 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. The expended or incurred in the action in addition to any other relief that may be awarded.