A. Session Fees and Payment
Client agrees to pay photographer a deposit of $50 at the time of booking to secure the agreed upon appointment date and time. This is a non-refundable retainer fee that goes toward your session. The remainder of the session cost is due at the time of the session. The remainder covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer, and a minimum of 20 images chosen by the photographer and to be downloaded by client via an online gallery. Additional editing is available at additional expense to be determined by photographer. Additional digital images may be available for purchase.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer may or may not guarantee or arrange payment on any location. Creative fee covers travel within 30 minutes of Denver, CO. Any location outside of these limits will be subject to an additional charge of $.52/mile as part of the agreement.
C. Rescheduling
In the event that the Client requests to reschedule a session, the retainer shall be applied to a rescheduled session if notice is given at least 7 days prior to the scheduled event. If the rescheduling request is due to a Client illness, less notice may be allowed. The Photographer or Client may request to reschedule the session due to weather; discussion about the possibility of rescheduling should begin 24 hours prior to the session with a final decision made no later than 1 hour prior to the session. Rescheduled sessions must occur within the same calendar year.
Should the Client fail to give notice, or decide to completely cancel the shoot, the retainer is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control and will make every attempt to notify the client as soon as possible.
D. Late Arrivals
Any client who is late arriving to a session may have the amount of time late deducted from the time allotted for the session. This may also result in a reduction in the number of edited images. Photographer will make every effort to obtain the number of images desired but cannot be held responsible for loss of sunlight or incoming weather.
E. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues.
F. Delivery of Images
The Photographer retains the right of discretion in selecting the photographic materials released to the client. The Photographer shall make (minimum of 20) edited images available through an on-line gallery website for downloading by the client and his/her intended recipients. The online gallery will be sent via email to client 7-14 days following the client's session. The client's online gallery will be active and available for two weeks. Images must be downloaded prior to expiration of the gallery. There may be a fee associated with reactivating the online gallery after expiration of the gallery.
G. Copyright and Reproductions
All photographic materials, including but not limited to unedited RAW files and edited JPGs, shall be the exclusive property of the Photographer. 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, studio, etc. If the Photographer desires to make other uses, the Photographer shall not do so without first obtaining the written permission of the Client. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.
H. Client Usage
The Client shall only use the digital files in accordance with the permissions within this agreement and those within the print release. The Client's images are for personal use only and shall not be submitted to contests or reproduced for commercial use. The Client must act in accordance with the digital file print release that accompanies them. The print release does not allow publication of your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission.
I. Archive
After four (4) months, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.
J. 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 to the retainer amount.
K. Payment
All payments are due in full at the time of the session.
L. Indemnification
The Photographer shall be held harmless for any and all injury to the Client during the course of the photography session and the immediately surrounding events. Photographer is not responsible for any injuries inflicted upon any participating parties. Client(s) will be responsible for their children and for themselves and release photographer from any claims against their person or their business.
M. Damage
Photographer is not responsible for the loss or damage of digital images after delivery to client, including damage or loss caused computer malfunction. Client assumes all responsibility for the safety and archiving of all images upon receipt.