This agreement is between the Client, whose name and address is listed above, and Bethany Green of Bethany Green Photography. Bethany Green shall furthermore be referred to as Photographer.
Photographer will reserve Client a 20 minute Christmas Mini Session slot on Saturday November 3rd, 2018, once the executed contract and non-refundable payment ($225.00 plus sales tax) have been received. The Photographer reserves the right to offer your session date to another client after 24 hours if payment is not recieved in full. Client acknowledges that he/she may request a preferred time slot, but that time slots are assigned on a first-come, first-served basis, and the requested time slot may not be available. In the event that not all time slots are booked, Photographer reserves the right to adjust the time slots within 48 hours notice. All sales are final.
No refunds will be given for dissatisfaction with your images. Print products may not be returned for any reason other than damage or error on the part of the photographer at time of delivery. If your product is damaged on the part of the photographer, it will be exchanged and re-ordered for the same product, undamaged. If your product includes error by the photographer, your product will be exchanged and re-ordered for the same product, error free. There are no refunds or exchanges on any digital products. The Photographer cannot guarantee a specific number of images provided to the client or any specific shot, and no refund will be given due to lack of subject cooperation.
2018 Christmas Mini Sessions are non-refundable.
If your digital images are damaged or lost for any reason by the Photographer, or if weather forces the shoot to be cancelled altogether (see: Weather Policy), only then will your payment be refunded in full.
In the event of bad weather conditions on Saturday November 3rd it will be at the photographer's discretion to reschedule all sessions for Sunday November 4th, with a slight change in timing because of daylight savings. The Photographer will contact the Client as soon as possible, if this happens. Please be available Sunday incase this would happen. If both the 3rd and 4th are rained out - Saturday November 17th would be considered for rescheduling OR client will be refunded if they choose.
Client acknowledges that he/she must arrive 5-10 minutes prior to the scheduled mini session time slot so that we will be ready to start shooting at the designated time slot. Tardiness on the Client's part may result in reduced shooting time, which may result in less images presented by the Photographer. The 20 minute time slot you are assigned can not be extended or altered. We will not cut into the shooting time of another session to make-up for lost time. Refunds are not available for sessions cut short or entirely missed due to Client's late arrival.
Delivery of all products included or ordered additionally will be delivered to the Client in a timely matter. All fully paid product orders will be delivered to Client 7-14 business days after image/specifications choices are made for each product.
Copyright & Reproduction
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, blog, facebook pages, and/or studio. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
The Client shall only use the images, including digital files, in accordance with the permissions within this agreement. The Client’s images are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.
Images taken by Photographer are edited at their discretion. Delivered proofs may not include all captured photographs. Photographer reserves the right to edit and release only those images deemed creditable as professional in quality and within the Photographer’s artistic standard.
Client Viewing and Printing
Be aware that due to differences in monitor calibrations images may differ in color on different monitors. In order for printed images to meet the quality of the original digital files, they must be printed on high-quality photographic paper or on other professional photographic mediums, and done so by a professional lab. It is highly recommended that the Client order any additional printed images from a reputable, professional consumer lab to ensure that the quality of his or her digital images is met. Photographer is not liable for the quality of images printed by any imaging lab, both professional and non-professional. Mpix.com is the consumer lab that Bethany Green Photography suggests for best quality.
If negligence on the client's part or the part of any individuals that accompany the client to the photo session causes any equipment, props, or any of the photographer's property to malfunction or become damaged, that the client will be liable for the cost to repair or replace said item(s).
If the Client loses or damages his or her digital images, Photographer will not by liable for such loss or damage and cannot guarantee replacement of lost or damaged files. It is highly recommended, by the Photographer, that clients immediately back-up any digital files on an external drive or via online cloud storage. Client understands that Photographer will have the right to delete any original photos after delivery.
Limitation of Liability
The Photographer's entire liability to the Client, above named models, or other companions for claim, loss, or injury arising from the photographer’s performance or negligence is limited to a refund to the Client in the amount paid for services. 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. The Photographer reserves the right to cancel this contract for any reason, including conflict of interest. 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.