Lifestyle sessions will be sessions geared towards a candid approach. Individual headshots, posed portraits, portraits of pets, houses, landscapes and all other shots not geared toward the lifestyle session will not be taken, unless otherwise discussed.
ENTIRE AGREEMENT: This agreement contains the entire understanding between Monika Thorpe (PHOTOGRAPHER) and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. In the event that the parties waive a portion of this agreement, the contract is not waived in its entirety. The party against whom a waiver is sought to be effective must have the waiver in writing.
RESERVATION: A signed contract and the package amount are required to reserve the specified coverage. Additionally, a retainer amount of 25% is due at time of booking to reserve the session date and time. The remaining balance is due at time of services.
RETAINEER: In the event of cancellation, the retainer amount is non-refundable. It shall be liquidated damages to PHOTOGRAPHER in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment of any PHOTOGRAPHER material charges incurred up to time of cancellation.
SESSION FEE: The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the PHOTOGRAPHER.
PAYMENT: Retainer is due at time of booking in the form of cash, check, Chase QuickPay or Venmo. If retainer payment is not received within 48 hours, CLIENT will forfeit their allotted time. Remaining balance is due in full at the time of services unless payment arrangements have been made. NO photographs will be edited or delivered until CLIENT has paid in full.
LOCATION ACCESS & FEES: If the CLIENT chooses a location which charges admission, an access fee, a parking fee, or a photography fee, the CLIENT will be responsible to cover those fees associated with shooting at those locations. The CLIENT will also be responsible for organizing the access and any permits related to doing so. The CLIENT will acquire the permit and permissions prior to the day of the session.
WEATHER CONDITIONS: Due to photography equipment and lighting conditions, it is the PHOTOGRAPHER’s discretion if weather conditions are such that the session must be cancelled. If such an event occurs, you will be given the opportunity to reschedule for the next available date. If CLIENT pursues the session, regardless of the PHOTOGRAPHER’s advice, and the images are not up to standards, the CLIENT will be responsible for all charges related to scheduling an additional shoot.
UNLIKELY EVENTS: PHOTOGRAPHER takes the utmost care with respect to exposure, transportation, and processing of the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond PHOTOGRAPHER’s control, PHOTOGRAPHER’s responsibility is limited to the return of all payments received for purchased package. 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.
In the unlikely event that circumstances inhibit photography to take place, including acts of God, illnesses, injuries, health restrictions, pandemics, and/or governmental restrictions, PHOTOGRAPHER reserves the right to cancel or reschedule. PHOTOGRAPHER is not liable for any costs accrued by the CLIENT (i.e. hair appointments, attire, props) in association with the session. CLIENT’s retainer will be transferred to a rescheduled time when conditions have been resolved and photography can resume.
CANCELLATION & RESCHEDULING: At the time the contract takes effect, PHOTOGRAPHER shall reserve the date and times agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that CLIENT cancels the contract for any reason, all monies paid shall be retained by PHOTOGRAPHER in order to offset its loss of business. If you must cancel and would like to reschedule, PHOTOGRAPHER must be notified 2 days prior to the session date. The rescheduled date will be made as soon as possible, at the photographer’s discretion. If notification is not made 2 days prior, session retainer will be forfeited.
If CLIENT does not show at the scheduled session, all monies paid will be retained. If an illness or situation prevents a session from taking place, CLIENT may reschedule their session; no refunds will be given.
PHOTOGRAPHER reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control. If rescheduling is not possible, PHOTOGRAPHER will refund all monies paid by the CLIENT.
ARCHIVE: After (3) 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.
The purchase of the original files releases PHOTOGRAPHER from any liability due to loss or damage of the images and also releases PHOTOGRAPHER from any obligation to maintain copies of any digital files, images, or photographs.
FINAL IMAGES RENDERED: CLIENT has reviewed portfolio images and accepts image composition quality and the documentary and artistic value of images photographed by PHOTOGRAPHER and accepts the results on an as-is basis. CLIENT shall hold PHOTOGRAPHER harmless in any disputes arising from these issues.
CLIENT will receive edited digital images of the session via password protected online gallery from which high-resolution images can be downloaded for CLIENT’s personal, non-commercial use. Online gallery will be active for 2-weeks from the date of the session/event. If CLIENT needs to access their gallery after it has expired, a $25 re-activation fee will be charged. Once images are downloaded, no refunds will be given. Basic retouching and creative editing of images, as determined by the PHOTOGRAPHER is included. Additional editing if requested is available at additional expense to be determined by PHOTOGRAPHER.
COPYRIGHT: The photographs produced by PHOTOGRAPHER are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without PHOTOGRAPHER’s explicit written permission. PHOTOGRAPHER retains all copyrights to the images and derivative works thereof. If and only if CLIENT purchases digital files from his/her photography session/event, CLIENT is granted permission to reproduce the images and make an unlimited number of prints, for personal use only. CLIENT agrees that he/she may not use any images for commercial or editorial purposes or enter any images in competitions without written permission of PHOTOGRAPHER.
The images that are being provided are licensed to CLIENT for any reasonable personal purposes, including but not limited to: printing, copying, emailing, and web publishing. This does not include uses that result in financial gain, including but not limited to: advertising, stock photography, print sale profits, or resale of any nature.
EXHIBITION & MODEL RELEASE: CLIENT grants PHOTOGRAPHER permission to display selected images resulting from this assignment as an example of her work and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
CLIENT grants PHOTGRAPHER the right to use and publish images and photographs taken to further promote service, including portfolio, website, display, advertisement, editorial use. The CLIENT hereby releases PHOTOGRAPHER from all claims and liability relating to said photographs, including any and all claims for libel and invasion of privacy.
If CLIENT’s photo is requested to be used in any print or online publication, they will discuss this with PHOTOGRAPHER. PHOTOGRAPHER grants CLIENT limited rights to use the images in marketing materials with specifications that photo by “Monika Thorpe Photo” is listed on the image/article. If CLIENT requests to use the image in the distribution of products such as but are not limited to posters, clothing, etc., an agreed upon compensation rate of the total number of sales will apply.
SOCIAL MEDIA: You are free to share any of your photos on any social media platforms. Any photos shared that have been altered by “filters” or creative cropping will be a direct conflict of this contract, and must be removed immediately. Any sharing done on social media must include credit to Monika Thorpe Photo in the caption, or a link to PHOTOGRAPHER’S website/social media handle.
LIABILITY: PHOTOGRAPHER is not responsible for any injuries inflicted upon any participating parties. CLIENT will be responsible for their children, pets and for themselves and release photographer from any claims against their person or their business.
COOPERATION/PUNCTUALITY: The photography schedule and selected methodology are designed to accomplish the goals and wishes of the CLIENT in a manner enjoyed by all parties. CLIENT and PHOTOGRAPHER agree that cheerful cooperation and punctuality are therefore essential to that purpose. Shooting commences at the scheduled start time ends at or before scheduled end time. If CLIENT does not arrive at the appointed time, shooting end time will not be adjusted for tardiness. If for any reason, the PHOTOGRAPHER does not arrive promptly at the scheduled time, the session will be extended to compensate for the tardiness.
In the event that the child (ren) or pets are uncooperative throughout the duration of the session and no acceptable images are able to be achieved, CLIENT can request a reshoot for an additional fee.
CLIENT understands that arriving at session with additional number of family members beyond what was discussed and agreed upon is subject to additional fees. Same policy applies for additional locations or extended time.
COMPLETION SCHEDULE: Editing and image delivery takes approximately 10 days but may take longer. In the event that image delivery is outside of this time, the CLIENT will be notified via email before the due date.
SPECIAL CIRCUMSTANCES, COVID-19: CLIENT knowingly and willingly consents to a photography session with PHOTOGRAPHER. CLIENT understands that PHOTOGRAPHER will take all recommended and required precautions related to COVID-19 health and safety. CLIENT understands that these circumstances limit photography sessions to outdoor environments ONLY. NO indoor photography will be taking place until further notice.
CLIENT understands that if CLIENT should be diagnosed with COVID-19 within 14 days following a session with PHOTOGRAPHER, CLIENT will contact PHOTOGRAPHER with such information. CLIENT releases PHOTOGRAPHER from any and all liability associated with receiving a COVID-19 positive diagnosis following a session with PHOTOGRAPHER.
CLIENT confirms that they are not presenting any COVID-19 related symptoms at the time of the session, or within the last 14 days prior to the session. This includes but is not limited to fever, shortness of breath, dry cough, runny nose, sore throat. If CLIENT exhibits these symptoms 14 days prior and up to the day of scheduled session, CLIENT will contact PHOTOGRAPHER with such information as soon as possible.
CLIENT understands that a 6-foot distance will be maintained and masks will be worn by PHOTOGRAPHER at all times. ABSOLUTLEY NO CONTACT will be made. NO cash or checks will be accepted as payment.
CLIENT is highly encouraged to bring and use hand sanitizer and face coverings. CLIENT is responsible for providing these items. CLIENT confirms that individuals present are immediate family members ONLY. No multi-family or individuals living outside the same household will be allowed to participate in the same photography session until further notice.
Note from photographer: I work very hard to create images that reflect you and your family, while keeping in line with my artistic vision and creativity. I know you will want to share them and include a sneak-peek for that very reason. However, I ask that you simply link back to my website or social media pages instead of right-clicking, saving, and sharing the image via your own page. I hope that you will respect not only my hard work, but the time, money, and dedication that I have put into training and equipment to capture these images for you.
FACEBOOK: http://www.facebook.com/MonikaThorpePhoto
INSTAGRAM: @mothophotos