Contract FAQ/Summary

This summary does not replace the Client’s obligation to read and understand their session contract in its entirety before signing. This webpage is simply for Client’s convenience and assistance in understanding their contract, it does NOT cover all aspects included in the contract. In the case of discrepancy between this webpage and the contract, the contract overrules all else.

Editing

Photographer will use reasonable efforts to ensure image editing is carried out in a style and manner consistent with Photographer's current portfolio and services, and Photographer will try to incorporate any suggestions Client makes.

  • Basic Editing is defined by Photographer as editing done including, but not limited to, adjustments of contrast, exposure, color temperature, saturation, and sharpening.

  • Basic Retouching is defined by Photographer as editing done including, but not limited to, small blemish removal and minor under-eye smoothing.

  • Advanced Retouching is defined by Photographer as editing done including, but not limited to, removing scars, wrinkles, chronic acne, body shape and/or slimming adjustments, hair fly-away removal, face and/or eye composites, and removal/addition of body attire including hair ties, tattoos, rings, etc.

Image Delivery

No deliverables will be delivered to Client until the service fee is paid in full. Client will receive all final, edited JPEGs through an online gallery delivery service. Photographer is not required to supply Client with any unedited or RAW images.

While Photographer will make a good faith effort to deliver images to Client as soon as possible, Photographer will provide Client with access to the Session gallery no later than 30 days after their session date.

No Guaranteed Results

Client has spent a satisfactory amount of time reviewing Photographer's work and has a reasonable expectation that Photographer's Services will produce a reasonably similar outcome and result for Client. Photographer will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Photographer's current portfolio and services.

However, Client understands and agrees that:

  • Every client and final delivery is different, with different tastes, budgets, and needs;

  • Photography is a subjective service and Photographer is a provider with a unique vision, with an ever-evolving style and technique;

  • Photographer will use her personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;

  • Dissatisfaction with Photographer's independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.

Image Archival

Photographer will archive digital files of all photos taken for Client for1 year after session date. Photographer does not guarantee back-up photographs, prints, or data after this time.

Photographer recommends Client downloads and copies all deliverables in at least two separate spaces, be it harddrive, Cloud service, and/or a family member/friend’s computer.

Fees & Payment

  • Reservation Fee

    • A required non-refundable reservation fee (also referred to as a non-refundable retainer) is due at the signing of the agreement or at another time as agreed by the Parties. The service fee, when due, will be reduced by the amount of the reservation fee. No photography will take place and no rights are granted until the reservation fee is paid in full. Photographer will not reserve the Session date and time until paid the reservation fee in full.

  • Late Payment

    • Before services are rendered, Client must pay the service fee in entirety. If the fee is not timely paid, Photographer may withhold Client’s access to the photographic materials from the Session. Also, a late payment fee of $50 may apply.

  • Tardiness & Late Fees

    • If Client is over ten (10) minutes late to a thirty (30) minute Session or over twenty (20) minutes late to a Session longer than thirty (30) minutes, then a late fee of $50 will be added to the total session fee and the remaining Session time is all that Client is entitled to.

      • The Session may be rescheduled to a later date only once (see Cancellations, Rescheduling, and Refunds). In the event Client does not reschedule, the reservation fee and Session fee is forfeited and will not be refunded.

  • Travel & Location Fees

    • Client is not responsible for any tolls Photographer may pay to travel to the Session location

    • Client is responsible for covering any fees, related to the agreed-upon location for every member of their party including those not being photographed, as well as those for Photographer and their assistants on the day of the Session. Such fees include, but are not limited to, entrance fees, parking fees (when free legal parking is not easily available within a 5 minute walk of the agreed-upon location), cable car fees, and photography fees. 

    • Photographer will make a good faith effort to notify Client of any known location fees prior to the Session, however Client is not relieved of any payment obligations for fees associated with the Session in the event the fees are not realized prior.

In the Event Photographer Cannot Perform

If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Photographer will return all fees, including reservation fees, to the client or may assign and delegate the performance and obligations of this Agreement to another professional photographer at Photographer’s discretion but shall have no further liability with respect to this Agreement.

Client Cancellation, Rescheduling and No-Shows

In the event that Client requests to reschedule a session, the reservation fee will be applied towards a rescheduled session if notice is given at least two (2) weeks prior to Project Date. The rescheduled Session must be within three (3) months of the original session date.

Any cancellations made more than three (3) weeks before will result in a forfeited reservation fee.

Any cancellations made less than three (3) weeks before will result in a forfeited reservation fee and Client shall pay the remaining service fee amount.

Client is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up for the Session, or should it become impossible for Photographer to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Photographer is able to secure another, unrelated client for , then Photographer may choose, at her sole discretion, to excuse all (or a portion of) Client's outstanding balance of the Total Cost.

Limits of Liability

If Photographer cannot perform this Agreement in whole or in part due to circumstances outside of the Parties’ control, such as sudden injury, illness, lost equipment, or acts of God, then Photographer will return all retainers and fees to the Client(s) but shall have no further liability with respect to this Agreement.

Photographer will also return all retainers and fees, but will not be liable for any other injuries, if photographic materials are damaged in processing, lost through camera malfunction, lost in the mail, or otherwise lost or damaged, rendering the photographic material unusable, without fault on the part of Photographer.

In no event, regardless the circumstances, shall Photographer be liable for consequential, emotional, third-party, punitive or any other damages, including attorney’s fees, resulting from Photographer’s services or lack thereof. Photographer shall only be liable up to the price of this Agreement.

  • Assumption Of Risk

    • Client and related parties/ participants expressly assume any risk of the Session and related activities as described herein.

  • Idemnification

    • Client agrees to indemnify and hold harmless Photographer and her employees for any injury, property damage, liability, claim or other cause of action arising out of or related to Services provided herein.

Exclusivity

It is understood and agreed that no other photographer will be allowed to photograph or take pictures during the Session while Photographer is working, unless otherwise agreed by the Parties in writing. This restriction applies to Client and any associates of Client and includes DSLR cameras, cell-phone cameras, computer cameras, and their equivalents.

Intellectual Property Rights & Release

  • Copyright Ownership

    • All photos and images taken by Photographer and/or his/her assistant remain the sole, copyrighted, intellectual property of Photographer.

  • Model Release & Restrictions On Use

    • Photographer may reproduce, use and distribute the photos and images for any personal, business, marketing, or studio purpose.Photographer may showcase, sell, or otherwise distribute photographic materials from the Session, including those depicting Model and any participating Minor Models.

    • Client shall not modify or otherwise alter Photographer’s photographic materials.

      • MINOR MODEL RELEASE

        • If the Session will include the photographing of any Minor Models or any persons lacking capacity, Client warrants and represents that Client is the legal guardian of all minors, and has the full legal capacity to consent to the Session and to execute this release of all rights on behalf of all Minor Models.

        • Minor Model Information: (Please print each participating Minor Models' first and last name in this contract section.) If more than one Minor Model will be participating, please separate each name with a semicolon. If this section is not applicable to the Session put: N/A)

Appropriate Conduct/Safe Working Environment

The Client(s) expressly agree(s) to take best efforts to provide Photographer and Photographer’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to staff, Photographer will make reasonable efforts to notify the Client(s).

If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, Photographer shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold Photographer harmless as a result of incomplete services under this Agreement.

The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether resumes work detailed in this Agreement.

Health and Safety

Client expressly agree(s) that during the Session Client(s) shall not carry weapons or firearms, be exposed to severe illness, or request the Photographer to do anything illegal or unsafe. Further, will not provide services in any location or area deemed to be unsafe in its sole discretion, including, but not limited to, areas affected by communicable diseases, quarantined areas, or other similar occurrences. Under any of these circumstances, reserves the right to end service coverage immediately and/or leave the Session. shall be entitled to retain all monies paid and Client(s) agree to relieve and hold harmless as a result of incomplete event coverage, or for a lapse in the quality of Photographer's work.

Force Majeure

No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities.

Dispute Resolution

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules at the commencement of the arbitration. The place of arbitration shall be the United States. The number of arbitrators shall be one (1). The language of the arbitration shall be English.