1. Retainer and Payment : The Client shall make full non-refundable retainer to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties.
2. Cancellation : If Client requests to amend or cancel this agreement 7 or more calendar days before the session date, the retainer shall be applied a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, this
agreement 6 or less calendar days before the session date, the retainer shall be forfeited. Client understands and agrees that Photographer will not book other sessions during this time. 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.
3. Rescheduling/ Late Arrivals : In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 6 days prior to the schedule event. Reschedule must be within the same
calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
4. Preparation : The Client shall not feed the baby a full feeding for two hours before the session and shall keep the baby awake for one or more hours before the session. Baby shall be fed immediately at the beginning of the session or just prior to arrival. The baby must be dressed in loose fitting clothing for ease of changes for portraits. The Client shall bring at least two bottles for feeding or supplies for nursing. If a pacifier or soother is required, the Client shall supply those items.
5. Subjects : The Client shall maintain control of other subjects including siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area. The Client shall provide all necessary controls over additional subjects.
6. Circumstances : If the Photographer is unable to perform the session due to baby’s disposition, condition, or circumstances listed within this contract, the Client shall be allowed to reschedule at Photographer’s discretion.
7. Artistic Rights : The Photographer retains the right of discretion in selecting the photographs and photographic materials released to the client.
8. Creative Licence Policies : Images are edited to remove minor blemishes, smooth the skin, correct colour and exposure, crop and prepare for print and presentation. Images are edited at the photographer’s discretion, and delivered images will not include all images shot. The photographer reserves the creative right to edit and release only those deemed creditable as professional quality and within the photographer’s artistic standards. Image standards are based on creative vision as well as technical standards (exposure, white balance, crop, etc) and not on personal appearance, direction of subject’s gaze, facial expression or mood.
9. Tardiness : Tardiness on the client’s part may result in reduced shooting time, which may in turn result in less images presented by the photographer.
10. Session Fees : Session Fees are non-refundable and non-transferable. These fees will not be altered or discounted regarding children’s mood, behaviour, attitude or expressions. The fee is for the time booked and used regardless of how the children behave. With that being said, please try to schedule your session time around your children and when you know the best time of the day for them is. Have them rested, fed and clean at the time of the photos. Bring bribes if need be.
11. Copyright and Reproductions : The Photographer shall own the copyright in all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses, the Photographer shall not obtain any the written permission of the Client. It is understood that any duplication or alteration of original images is strictly without the written permission of the Photographer.
12. Client’s Usage : The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
13. Social Media : Client will mandatorily give credits to the artist and the company while uploading photos or videos on Social Media. The Client may also share blog post links and Facebook albums through use of the share functions and dissemination of direct links.
14. Failure to Perform : If 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, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the retainer to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.
15. Photographer : The Photographer reserves the right to substitute with another photographer. The substitute photographer is chosen at the discretion of the Photographer and does not constitute a breach of this agreement. The Photographer warrants the substitute photographer to be of comparable quality and professionalism.
16. Photographer’s Standard Price List : The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
17. Travel and Overage Fees : The Client shall pay Travel and Overage on actual basis.
18. Indemnification : The Photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
19. Delivery of Final Edited Images: We will make every efforts to deliver images promptly, Turnaround time for delivering final edited images takes about 40-45 days after you submit your selection. During the peak season, we can run a little behind on our time lines.
20. Miscellany : This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.