This agreement contains the entire understanding between Picture This! Photography 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 parties. If the parties want to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
B. Cooperation *
The parties agree to cheerful cooperation and communication of the best results within the definition of this assignment. Picture This! Photography is not responsible if key individuals fail to appear or cooperate during photography sessions or for missed images due to details not revealed to Picture This! Photography.
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 48 hours prior to their shoot without penalty. Should client fail to give 48 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
D. Re-shoots / Refunds *
Re-shoots and refunds are determined at the discretion of the photographer and will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
E. Archive of Session Images *
After six (6) 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.
F. Payment *
All payments are due in full prior to session, unless payment arrangements have been made. Digital images will not be processed until payment in full is received.
G. Damage *
Photographer is not responsible for the damage of portraits or discs after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
H. Model Release:
The Client(s) & Subject(s) hereby grant Picture This! Photography and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the client or in which the Client or in which the Client may be included, for editorial, trade, advertising any other purpose and in any manner and medium; to alter the same; and to copyright the same. The Client hereby releases Picture This! Photography and it’s legal representatives and assigns from all claims and liability relating to said photographs.
I. Limited Of Liability *
Picture This! Photography 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.
In the unlikely event that the photographer is injured or becomes ill, or has an extreme emergency that prevents him.her from photographing the event, Picture This! Photography will make every effort to reschedule the event. If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the session purchased.
Picture This! Photography takes the utmost care with the respect to exposure, transportation, and processing the photographs. However, in the unlikely event that the photographs have been lost, stolen, or destroyed for reasons within or beyond Picture This! Photography control, Picture This! Photography liability is limited to the return of all payments received for the photo session.
J. Copyright and Penalty *
Picture This! Photography 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.
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.
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 your portraits (i.e. entering in contests), selling or altering of your images without the photographer’s written permission. It is illegal to copy, scan, download, print, share, alter, or otherwise steal any image created by Picture This! Photography during client’s photo session. This applies to "sneak peek" images, images posted in an online proofing gallery, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file. Digital images and prints purchased from photographers can only be used for personal use and not for commercial, political, or any for-profit uses. A separate commercial release can be purchased if the images need to be used for anything other than personal use. Sharing on personal social media pages, web pages, or blogs is allowable but credit and link back to www.picturethisphotography.net is required.
K. Image Size, Color, Style and Composition
All image sizes are approximate. The Photographer will provide a pleasing color balance but cannot guarantee an exact color match to the environment the photograph is taken in. It is sometimes not possible to record in print the exact color as seen by the human eye. There is no right to reject photographs on the basis of style or composition.
In the unlikely event that the Photographer is unable to complete the coverage due to unforeseen circumstances, the Photographer reserves the right to reschedule or appoint another Photographer to attend on her behalf to undertake the photography service as outlined in this agreement. 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.