• Morning Glory Photogaphy | Session Contract

  • Contract required for all clients to complete prior to placing a deposit.

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  • The person(s) named on this Photography Contract, known as "Client", agrees that Morning Glory Photography, known as "Photographer", shall provide services of a photography session in the manner described in this document. This is a binding contract which incorporates the entire understanding of the parties thereof.

  • A. Deposit - Client agrees to pay photographer a deposit of $25 within 72 hours of submitting this contract to secure client's desired session date & time. Client understands that deposits are non-refundable. Photographer confirms that deposit & completion of Photography Contract secures client's session date and current prices. All remaining session fees are due in full at the beginning of the scheduled session, but can be paid any time before that. No services will be rendered until payment has been made in full.

  • B. Location Costs & Fees - Client is responsible for all fees and costs related to the location the client has chosen for their session. The photographer will not guarantee or arrange payment on any location. Travel cost within twenty (20) miles round trip of Evansville, IN 47712 are included. Additional fee of $.50 per mile for travel exceeding twenty (20) miles round trip.

  • C. Rescheduling - If an illness or situation prevents a photo session from taking place, client may reschedule their session without penalty, if at least 24 hours notice is given. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, the session fee is forfeited and will not be refunded. Client may reschedule by paying a new deposit and completing a new photography contract. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances within or beyond their control.

  • D. Reshooting - In the unlikely event that the Client is completely dissatisfied with the final results based solely on personal preference, Photographer may reshoot at a 25% discount from the original session fee. Client is then able to order prints from the second session only. In the unlikely event that the finished product from a portrait session is unusable due to technical problems (i.e. camera failure, exposure problems), Photographer will reshoot at no additional charge.

  • E. Payment Options - Cash, Personal Check, and Money Order are accepted. Please make all checks payable to Sarah Gutierrez. Client will be charged a fee of $35 for any checked returned by the bank for insufficient funds.

  • F. Image Processing / Printing - Images determined by Photographer to be substandard or duplicated may be edited out. The Photographer will use her professional judgement and sole discretion to select which photos to deliver. Photographer retains the right to edit images based on her professional opinion. Limited color correction and/or retouching are included at Photographer's discretion. Client must notify Photographer of any requests for changes to the images. It is understood that if a technicality prevents Photographer from performing requested image manipulation, or if a technicality prevents the final result from meeting Client's requirement, Client will accept that Photographer has no further responsiblity toward said image manipulation. Such selection shalll constitute all images that will be made available to Client. Photographer is not responsible for printing errors, print quality, or products which are not printed by Photographer.

  • G. Proofing & Ordering - Proofs will be posted in a password protected viewing & ordering gallery fourteen (14) days following the photo session unless otherwise noted by the photographer. Said proofs will remain online for fifteen (15) days thereafter. All orders orders must be placed within the fifteen (15) day period that the galllery is posted. There is a $15.00 charge to re-upload your gallery for fifteen (15) additional days. Client is responsible for inspecting all images. Once images and products have been ordered, all sales are final. Photographer will not process orders until payments are complete.

  • H. Digital Images/ Print Release / Archiving - Client will have a limited right to make and use copies of the digital images provided. Client's use shall be limited to use in e-mail, printing, sharing with family and friends, and on personal web pages. Client will not make copies for sale or for the purpose of circumventing the sale of images by Photographer. Upon receipt of the digital images, Client accepts all responsiblity for archiving and protecting the photographs. Photographer is not responsible for the lifespan of any digital media readers that might result in an inability to view the images provided. It is Client's responsibility to make sure that digital files are copied to new media as required. There is a $25.00 charge for each additional flash drive or replacement of a lost or stolen flash drive, if applicable. When client purchases digital images, they will be in JPG format. No RAW files will be given to client at any time. Images may not be altered by client in any way.

  • I. Copyrights - Morning Glory Photography / Sarah Gutierrez retains all copyrights to all images created during client's session. The photographs produced by the Photogapher are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without expressed written permission from the Photographer. Client agrees to have no rights to the images, and all the rights to the images belong to Photographer. Client may not use any image for profit, commercial endeavors, competition, or professional gain. Client acknowledges and agrees to have no further right to additional consideration or accounting, and will make no further claim for any reason to Photographer. If the Client has purchased digital images from the Photographer, upon final payment by the Client, limited reproduction rights of the resulting images will be transferred to the Client. Making copies, scanning, downloading, printing, altering, or otherwise stealing images created by the Photographer during the client's session is prohibited. Thie applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images.

  • J. Social Media - Proper credit must be given any time images are used on social media. If sharing images posted by Photographer on Facebook page, Photographer's watermark must be visible and credit given to www.morninggloryphotography.com as the copyright on each image. Do not crop the watermark/logo, in whole or in part, from images. Do not use filters to change the appearance of the image.

  • K. Limitation of Liability - Every possible care will be taken with respect to exposure, transportation, and processing of photographs; including the use of professional grade equipment and professional grade back-up equipment. However, in the unlikely event of the Client's photographs being lost, stolen, or destroyed for reasons within or beyond Photographer's control, the latter's liability is limited to the return of all payments received for the event/session package. The limit of liability shall not exceed the contract price stated herein. the limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Neither party shall be liable for indirect or consequential loss.

  • L. Personal Liability - Photographer is not responsible or any injuries sustained by any participating parties or any damaged personal property. Client(s) will be responsible for their children and themselves, and release Photographer from any claims against their person, property, or business. Photographer is not responsible for any lost or stolen personal perperty of Client(s).

  • M. Model Agreement -Client hereby gives Photographer permission to license the images and to use the images in any media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing, and packaging for any product or service. Client agrees that the images may be combined with other images, text, and graphics, and may be cropped, altered, or modied. If client wishes not to appear in any promotional items, client must discuss this with Photographer prior to the session taking place.

  • N. Session Requirements - Photographer's camera is the only recording divice permitted at photo session, including cell phones, unless prior arrangements have been made and written permission has been secured.

    Session begins at the agreed-upon time. Any delays on the part of the Client cut into the allotted session time.

  • O. It is the responsibility of the Client to relay all information in this document to any other participants who will be at the photo session. If any of the contract is violated, photographer will hold client responsible for any costs and/or damages which might arise.

  • P. Client must review all pricing information and understand how ordering works.

    To view pricing information visit, http://www.morninggloryphotography.com/services.html

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