Service Agreement
This agreement constitutes an order for portrait photography services. Each session booked in the 2022/23 year will be presented a contract to be signed. For special projects, specs may change in the duration of the project. Cost of revised specs will be provided to client, when requested by client, and will require written approval. Both parties shall agree upon any increase in fees due to any changes of services before any services are rendered. An invoice will be provided to present the final costs of services.
LIMITATION OF LIABILITY: Our Studio Name takes the upmost care with respect to exposure, transportation, and photograph processing. However, in the unlikely event that all the photographs have been lost, stolen, damaged, or destroyed for reasons within or beyond Our Studio Name control, our photography studio liability is required to the return of all payments received for the portrait session/event. The limit of liability for a partial loss of originals shall be a prorated amount of the session/event selected, based on the percentage of originals lost.
PAYMENT TERMS: A Retainer must be placed or full payment to reserve the session/event. There will be no refunds under the terms stated in agreement section, but the session/event may be rescheduled. Remaining due should be paid no later than 1 week of portrait session/event. Payment/retainer required will be stated on estimate/invoice. No services will be provided if payment is not received in full.
PRE-EVENT CONSULTATION: The client has the option to consult with photographer in person or by other means of contact before event date in order to finalize the actual shooting times, locations, ideas, event procedures, and special requests for specific photographs. Photographer will be in contact with the client before event date to consult client any information the studio needs to perform the session/event successfully.
MODEL RELEASE: If signed the contracting party grants Our Studio Name the unrestricted right to copyright, use and publish photographs without compensation or liability to the contracting party. It is understood that any and all proofs, sample prints, and digital negatives remain the property of Our Studio Name. This contract gives our studio perpetuity rights to use the images for promotional purposes for our studio name.
COOPERATION OF CHILDREN: Our studio does our best to engage in positive connections with everyone we photograph, but if in any case younger subjects do not corporate during the session/event, our studio is not to be held accountable. We work our magic in engaging with young children and it is what we strive to succeed, but in some situations, an upset child that will not engage with us, makes it impossible to have a successful session/event. A session can be re-scheduled if a child is not cooperating, but a refund is not permitted. This is a very rare situation we encounter, but must state within our contract that non smiley/attentive/cooperative/engaging children or adults are not our liability. Although, we will try our best and usually do succeed. It is also important to leave your personal stresses outside of the session and studio. Photography is a fun and positive profession and we strive to keep it that way.
STUDIO RENTAL: Our studio uses a rented out commercial studio for any studio style sessions, such as cake smashes, branding studio sessions, senior portraits, and studio popups for dance studios. We are not liable for any issues that may arise during the use of the studio. Our studio will provide the address of the location once session is booked and contract is signed. For any splash sessions we use our home-studio to make sure we have access to warm water. All addresses to studio locations will be disclosed closer to your session date. Studios are on private property. Please only arrive only for your session date and time.
CAKE SMASH SESSIONS: Our studio subcontracts professional bakers for the creation of the beautiful cakes we use for Cake Smash Sessions. During booking and planning, any allergies your child(ren) may have MUST be notified to our studio before the session and creation of the cake. We can try to accommodate your requests, such as peanut, dairy, egg, or gluten free, but these cakes are also processed in kitchens that also process these food products. By signing this contract you are aware of this statement and can not hold our studio or the baker's business liable for any allergic reaction your child may have during a cake smash. You can bring your own cake if that is a concern to you, but it must be notified in your session BEFORE our studio purchases and orders a cake designed by our bakers. Our studio does not offer sugar free cakes. ALL NON:gluten, dairy, egg, and peanut free cakes are chocolate cakes only. We require a waiver to be signed if your child has any dietary restrictions and you request or bring a specially made cake for this reason.
ONLINE GALLERY TERMS: An online gallery will be provided at the time of image proofing and delivery. This gallery presented is not an annual access gallery. Wedding galleries DO NOT have access to the gallery 1 year after their wedding. Our studio cannot archive images for a long period of time due to cost. Purchasing a USB drive or Flash-drive is recommended or creation of an album is strongly recommended to keepsake your images. Set expiration dates will be provided and notification will be sent to client of the set dates when your gallery will expire. It is advised that client download all images paid for and included in the package when delivered to the client and backed up to their own hard drive for archive purposes. Our studio is not liable for lost or damaged files that incur from the client or their own backup devices (computers, hard drives, etc). Our studio does archive images for 60 days, but after that time, we are not liable to archive images of the session. There will be a $100 charge to the client if our studio is requested to upload files to an expired gallery or a new online gallery after it has been taken offline from our website. Notices of expired galleries and removal of images will be notified to the client before images are removed. If the client misses this notification, our studio is not liable. This contract states the terms and client agrees and understands by signing this contract.