3. Payment Arrangement
The Client will pay the Photographer the total fee specified in the invoice they receive from Blimie T Photography. The total fee will include the amount specified in Section 2. For photography sessions beyond 35 miles from zip code 53216, the Client is responsible to pay mileage for the excess amount (roundtrip). Mileage is to be calculated at the current federal rate of $0.565 per mile and will be clearly presented on Blimie T Photography's Invoice to the Client. Session Fee must be paid in order to secure session date. Prints, products and digital files are not included in the session fee; they will be purchased at the Reveal and Order session.
4. Copyright
The Photographer retains the entire copyright at all times throughout the world for the photographs taken during the specified session. Where a digital file of photographs has been provided to the Client as a part of their personal collection, these photographs may be printed and displayed at home and on-line, for personal but not commercial use. Client may not alter in any way (i.e, adding filters, adjusting crops) to any of the digital images they purchase.
The Photographer retains the right in all cases to use the photographs obtained under this agreement in any manner at any time in any part of the world for the purpose of advertising or otherwise and maintains ownership of the original digital file.
Blimie T Photography is not held liable for any printing errors that occur when printing photos at third party printers. Blimie T Photography only guarantees the quality of prints and products when printed through the photographer.
5. Attendance
In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances, the Photographer reserves the right to reschedule the session. The Photographer shall notify the Client at the time of the unlikely event of any rescheduling or of the name and contact information of a Replacement Photographer.
If the Client is unable to attend the session as outlined in Section 2 due to unforeseen circumstances he/she is responsible to notify the Photographer and reschedule a session at least 24 hours prior to their shoot without penalty.
6. Model Release
By signing below, I (client) agree to allow Blimie T Photography to share images from my session on social media and for marketing purposes.
I hereby give Blimie T Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken of myslef and/or my minor child in which he/she may be included with others, to use, reuse, publish and republish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not limited to) illustration, promotion, advertising, trade, competition entry and;
I hereby release and discharge the Photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
7. Damage
Photographer is not responsible for any injuries inflicted upon any participating parties during the session. Client(s) will be responsible for their children and for themselves and release the Photographer from any claims against their person and/or their property.
Photographer is not responsible for damage to portraits or products after delivery to client. Client assumes all responsibility of all products upon receipt.
8. Idemnification
The Photographer agrees to indemnify and hold harmless the Client against all expenses, damages, claims, and legal costs arising out of any failure by the Photographer to obtain any clearances for which she was responsible in respect of third party copyright works, trade marks, designs, or other intellectual property. The Photographer shall only be responsible for obtaining such clearances if this has been expressly agreed upon before the day of the session. In all other cases the Client shall be responsible for obtaining such clearances and will indemnify the Photographer against all expenses, damages, claims, and legal costs arising out of any failure to obtain such clearances.
9. Limitation of Liability
In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.