TINYSELPHIES PHOTOGRAPHY
ENTIRE AGREEMENT
This Photography Client Contract (the “Contract”) constitutes the entire agreement between [Tiny Hearts of Rockwall], hereinafter referred to as the “Photographer,” and [Client’s Name], hereinafter referred to as the “Client,” relating to the photography services to be provided. This Contract supersedes any prior discussions, representations, or agreements, whether written or oral, between the parties. If the parties wish to amend, add, or alter any terms, they must do so in written form, signed by both parties.
LIABILITY
The Photographer shall diligently exercise care and skill in the capture of the newborn selphies. However, unforeseeable circumstances, encompassing, but not restricted to equipment malfunctions, adverse weather conditions, or other unexpected incidents, absolve the Photographer from any liability pertaining to damages, missed opportunities, or any claims arising from the provision of photography services.
In the rare situation where the Photographer is unable to fulfill the terms outlined in this contract due to injury, illness, acts of nature, terrorism, or any other uncontrollable force, all retainers and fees shall be promptly returned to the Client. Subsequently, no further obligations shall be held by the Photographer under this contract.
The Photographer has implemented established practices to minimize the risk of image loss or damage. In the improbable event of the loss, theft, or destruction of digital files due to uncontrollable factors such as camera malfunction, equipment failure, or other external causes, the Photographer’s liability is confined to the reimbursement of all payments received for the photography session.
PRICE
The Client hereby undertakes to remunerate the Photographer an agreed-upon amount, as a gesture of appreciation for the services to be provided by Tiny Selphies Photography. The entire stipulated cost remains payable, even in the event that the Client concludes the shoot before the predetermined conclusion time as outlined in this agreement.
RETAINER AND PAYMENT
The Photographer will secure the designated service time and date upon receipt of this contract, accompanied by a non-refundable and non-transferable retainer fee, equivalent to 50% of the total cost. Reservation is only confirmed upon receipt of both contract and retainer. The remaining payment for photography services must be settled in its entirety on photo shoot day before the actual shoot begins. The Photographer is not accountable for reminding the Client about payment deadlines. Failure to adhere to the specified payment schedule empowers the Photographer to promptly terminate this agreement without any subsequent obligations, while retaining any pre-paid amounts, and refraining from attending the scheduled shoot.
CANCELLATION
At the time the contract takes effect, the Photographer shall secure the mutually agreed-upon date and time, refraining from making any other bookings or accepting additional clients for said timeframe. Consequently, should the Client choose to cancel this contract for any rationale, the Photographer shall retain all payments received as compensation for potential business loss.
RESCHEDULING AND LATE ARRIVALS
Should the Client intend to reschedule a session, notification must be provided at least 48 hours prior to the slated time. Rescheduling is contingent upon the Photographer’s availability and must occur within 10 days of the original appointment. Late arrivals will result in a corresponding deduction from the allotted session duration.
SAFETY
The Photographer maintains the authority to cease coverage and depart the shoot location if faced with inappropriate, hostile, threatening, or offensive conduct by any individual(s) present, or if the Photographer’s safety is compromised.
CAPTURE AND DELIVERY
The selection of images provided to the client is at the Photographer’s discretion. The client shall receive their images digitally at the end of the photo session.
POST PRODUCTION AND EDITING
The ultimate post-production, editing techniques, effects, and overall visual aesthetic of the images are within the Photographer’s prerogative. Images will solely be delivered as high-resolution images directly to the client’s phone.
ARCHIVING PHOTOGRAPHS
The Photographer will retain digital copies of all captured photos for the client’s archive for a duration of six months. However, the Photographer cannot assure the availability of backup photographs, prints, or data beyond this timeframe.
COPYRIGHT
The Photographer retains the copyright of the photographs. The images captured by the Photographer are intended for personal use by the clients, as well as their friends and relatives. Any form of sale, publication, or commercial utilization of the photographs requires explicit written permission from the Photographer beforehand.
MODEL RELEASE
The Client hereby grants the Photographer an irrevocable and unrestricted right to utilize and publish photographs featuring the Client or wherein the Client is included, for purposes encompassing editorial, trade, advertising, educational, and any other context, across all forms of media and platforms. This right extends to unrestricted alteration and copyrighting. Additionally, the Client waives any claims to profits arising from image utilization.
