The contract is between the Photographer and the Client as detailed below: 

Sarah Michelle Photography (referred to hereafter as "Photographer")

www.sarahmichelle-photos.com 

E-mail:  sarahmichelle-photos.com 

The Client: The individual who books the photography session online.

 

It is required to review this contract and type a digital signature in the booking form to indicate agreement with this contract before booking a session. 

  • The Client agrees that he/she is responsible for all parties involved with the agreed upon photo session.  If there is an individual involved in the photo session who does not agree to the terms of this agreement the Client assumes responsibility for any liability.

  • Summary

    The Photographer is responsible for providing the Client a photographic service as detailed in this Agreement.  The Client undertakes to engage the Photographer for this coverage for the price as detailed below.

  • Coverage: Coverage will be provided by the Photographer as follows:

  • Family Package (210.00 all inclusive), 1 hour, 40 images. Download all images with print release.

  • Mini Family Package (110.00 all inclusive), 15 minutes, 10 images. Download all images with print release.

  • Maternity Package (210.00 all inclusive), 1 hour, 40 images, Download all images with print release.

  • Newborn Package (240.00 all inclusive), 1 hour, 40 images. Download all images with print release.

  • Watch Me Grow! Newborn Package (580.00 all inclusive),  3 one hour session (newborn, 6 month, 12 month) - each session is 1 hour, 40 images. Download all images with print release.

  • Senior A La Carte Pricing (240.00 session fee), 2 hours, 2 locations, 2-3 outfits, 50 images. Products & images sold separately.

  • Full Senior Package (380.00 all inclusive), 2 hours, 2 locations, 2-3 outfits, 50 images, Download all images with print release AND a custom photo slideshow of your favorite images set to music! Two 8x10 and two 5x7 prints.

  • Full Engagement A La Carte Pricing (240.00 session fee), 2 hours, 2 locations, 2-3 outfits, 50 images. Products & images sold separately.

  • Full Engagement Package (340.00 all inclusive), 2 hours, 2 locations, 2-3 outfits, 50 images, Download all images with print release AND a custom photo slideshow of your favorite images set to music! Two 8x10 and two 5x7 prints.

  • The cost of product (including digital files) is not included in the session fee

  • AGREEMENT TERMS & CONDITIONS

    PAYMENT ARRANGEMENT: 50% of the payment is due at time of booking and is nonrefundable, and the other 50% of the payment is due on the session date. Part of the payment is donated to Autism Speaks as outlined in the booking online section of the photographer's website. For the Watch Me Grow Package, 50% of the payment is due at time of booking and is nonrefundable, and the other 50% is due at the 6th month session.

  • SESSION PROOFS: Client will receive access to a private online photo gallery to view images. The gallery will be open for 30-60 days.  Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards.

  • CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs.  In the event of a cancellation or postponement of the portrait session/agreement by Client, the session fees paid (deposit) are non-refundable. Session fees are transferable if a date change is necessary. Forty-eight hours (48) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.

  • COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the session fee deposit is non-refundable. The session can be rescheduled at the original portrait session fee, including an additional 25% deposit.

  • DIGITAL NEGATIVES, PRINTS & COPYRIGHT: All images and copyrights are the property of Sarah Michelle Photography ("Photographer").  In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to: advertising,marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.

    All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer (print release) if digital images are purchased separately. The negatives/digital files remain sole property of Photographer and will never be sold.

  • MODEL RELEASE: Client grants to Photographer and her legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of Client, Client’s child or children, or in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner and medium; to alter the same without restriction; and to copyright the same. Client hereby releases Photographer and her legal representatives and assigns from all claims and liability relating to said photographs.

  • EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.

  • LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date. If the situation should occur, and the portrait session must take place on the scheduled date, Photographer will make every effort to secure a replacement photographer. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.

    In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract.  Neither party shall be liable for indirect or consequential loss.

  • CHANGES TO THIS AGREEMENT: There may be additional charges if changes are made to this agreement. Client may increase the period of Photographer’s service on the portrait date, provided Photographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture costs, and change-related fees will be added on to the final balance and will be paid in full by Client prior to delivery of the proof book. Client may not decrease the period of Photographer’s service on the portrait date. If the period of Photographer’s service is cut short by reason of fire, casualty, death, act of God or other cause beyond the control of the parties, Photographer shall still receive the total fees outlined in this Contract.

  • IMAGE STORAGE:  Edited images will be archived for one year from the date of the portrait session. Re-uploading photos to gallery after gallery deadline has been reached is a 50.00 fee.  

  • RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Photographer has the right to refuse any requested edits to the images. 

  • INDEPENDENT CONTRACTOR:   This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.

  • ENTIRE AGREEMENT: This agreement contains the entire understanding between Photographer and 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 Sarah Michelle Photography.

  • By submitting an electronic signature (typing name) the client indicates that they have read and understood the contract and agree to the terms and conditions in their entirety.  

     

© 2015 Sarah Michelle Photograhy.

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