The following terms and conditions shall also apply to Client’s engagement of the Photographer:
1. EXCLUSIVE PHOTOGRAPHER: It is understood that no other Photographer, amateur or professional, shall be allowed to photograph at the Session near the Photographer while she is working due to reasons of the Photographer delivering the quality of images as expected. Others taking photographs will be permitted only at the discretion of the Photographer.
2. RETAINER AND PAYMENT: The Client shall make a non-refundable retainer, half of the session fee, to the Photographer to perform the Session, unless discussed and mutually agreed upon in writing prior to signing this document. Upon payment, Photographer will reserve the time and date agreed upon by both parties. The total balance is due before or at the time of the Session unless discussed and mutually agreed upon in writing prior to signing this document. Provided that mutual agreement has reached, the Client agrees to pay the total balance within business 14 days of the Session. If the Client has not paid within 14 days, an additional fee of $25 will be changed per week. Additional editing is available at additional expense to be determined by the Photographer. Additional prints, products or digital images may be available for purchase. The Photographer is able to receive payment as cash, check or credit card. Bounced checks will incur an additional $30 fee.
3. CANCELLATION, RESCHEDULING, AND LATE ARRIVALS: If Client requests to amend or cancel this agreement 7 or more calendar days before the Session date, the non-refundable retainer shall be applied a mutually agreed upon rescheduling date. If Client cancels this agreement or fails to show, this agreement 6 or fewer 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. Any Client that is late arriving at the Session will have the amount of time late deducted from the time allotted for the Session.
4. RE-SHOOTS: Re-shoots are determined at the discretion of the Photographer. Photographer will make reasonable efforts to provide a re-shoot of unforeseen conditions that interfere with the session. The client will not receive compensations for factors outside the Photographer’s reasonable control including but not limited to poor choices of clothing, make-up, hair, animal behavior, the behavior of third parties, or other factors beyond the control of the Photographer and the Client.
5. LOCATION COSTS AND FEES: If there are any costs/fees associated with the location the Client has chosen for their Session, the Client, will be responsible for those fees. The Photographer will not guarantee or arrange payment on any location. The Client shall pay for or reimburse the Photographer for any additional costs the Photographer may incur for travel, parking, and other reasonable costs necessary to the performance of these services.
6. ARTISTIC RIGHTS: The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Photographer is not liable to deliver every image taken at the event. The determination of images delivered to the Client is left to the discretion of the Photographer. The final post production and editing styles, effects, and overall look of the images are left to the discretion of the Photographer. The Client understands that he/she has chosen the Photographer because of her photographic style, and will grant the Photographer the right to exercise her creativity in the interest of creating the best images possible. The Client understands he/she may not demand a refund or a redo due to differences in artistic preferences of the final images.
7. COMPLETION OF FINAL PRODUCT: No part of any order, including sneak peaks, will be delivered until the balance is paid in full. The Photographer agrees to have an online gallery complete within two weeks of the photo session date if the total balance has been paid.
8. ORDERING: The Client’s online gallery will be available for 20 days after it is posted. Please order prints and products within that timeframe. After 20 days the Client’s session will be archived and it will cost $25 to reactivate. Gallery will be reactivated for an additional 7 days. If provided digitals, it is the responsibility of the Client to download images from the online gallery. Digital files purchased from the gallery will be emailed with print release to the email provided upon checkout.
9. PHOTOGRAPHER’S STANDARD PRICE LIST: The charges in this agreement are based on the Photographer’s standard price list. The Client should have received the current price list prior to signing this contract. Prices are valid now through 20 days after online gallery is posted. This price list is adjusted periodically and future orders (placed after the 20-day window) shall be charged at the prices in effect at the time when the order is placed. All print and product fees are subject to the Massachusetts 6.25% sales tax.
10. FINAL SALES: Due to the custom nature of each session, all product sales are final.
11. RETURN POLICY: The Photographer does examine each and every product before delivery or shipment. If the quality of the print does not meet expectations, the Photographer will make reasonable efforts to remedy defective product. However, once a Client has taken possession of a print, the Photographer is no longer responsible for its quality or composition. The Photographer is not responsible for the damage of portraits or files after delivery to Client, including damage caused during transit by US mail or other common carriers. Client assumes all responsibility for the safety of all portraits upon receipt.
12. COPYRIGHT & PENALTY: The Photographer retains all copyrights to all images created during Client’s session. A print release is included with digital files to print portraits for personal use up to designated size listed on print release. The print release does not allow publication of portraits (i.e. entering in contests), selling or altering of images without the Photographer’s written permission. Altering includes cropping, editing content, altering colors, adding filters or adding logos. The digital images and/or prints are the property of the Client for personal use and for the purposes of the reproduction and giving of photographs to friends and relatives. Images may be used on personal web sites as long as a notice appears near the images stating that they were taken by Hana Isihara Photography.
13. LIABILITY: The Photographer is not responsible for any injuries inflicted upon any participating parties. The Client will be responsible for themselves and participating parties and release photographer from any claims against their person or their business.
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. EMPLOYMENT: This contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.
16. INDEMNIFICATION: The Photographer shall be held harmless for any and all injury to the Client during the course of the session and the immediately surrounding events.
17. 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. This Agreement shall be governed by the laws of the State of MA.
18. REMEDIES: If the Client incorrectly enters the agreed-upon information in the relevant clauses A, B, C, and D, the photographer has the right to remedy this information based on prior verbal agreements. The Photographer will take reasonable steps to notify the Client of the need to remedy the above-mentioned fields.
19. CLIENTS REPRESENTATIONS AND WARRANTIES: The Client represents that they have the consent of all third parties which are to be photographed in the Session.
20. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Photographer and the Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived. This constitutes an order for one portrait session with the Photographer.