Building Memories Subscription Contract
Client:
Photographer:
SUBSCRIPTION CONTRACT:
SUBSCRIPTION Overview: This overview contains the agreement that you agree to by signing up for this subscription service. This service, is a photography session subscription, that allows you the CLIENT the ability to redeem the following: 1 mini session at any time of the year they are offered (subject to availability), 1 standard full session at any time you choose throughout the calendar year, and 1 porch Santa session. In exchange for these sessions, you agree to pay a monthly payment of $50, by the 1st of every month. The only exclusion to this is if you choose to upgrade to a baking with Santa mini session instead of porch Santa, the cost is $60 per month. Late payments are subject to a $10 late fee after the 2nd of the month. After 2 months of non payment, you forfeit monies paid, as well as your subscription. Subscriptions must be in good standing in order to book your sessions. Booking with Timber and Frame is up to the CLIENT to do, and the CLIENT must book with at least a 48 hour notice, and confirmation of booking is at the discretion of the PHOTOGRAPHER. The CLIENT understands that mini session booking are subject to availability when booking, and agree to book as early as possible to ensure availability.
SUBSCRIPTION NOTICE: Standard FULL sessions are best booked 30 days in advance. If you wish to use this session type in November or December, we ask you book no later than SEPTEMBER to ensure availability. All session bookings are at the discretion of the photographer, and availability of the photographer.
ENROLLMENT into the subscription is only available in January and February months. During enrollment you will pay $50 for January, and $100 if you do not enroll til February in order to make up for the month of January. Each additional MONTH is then billed accordingly 1 week prior to the 1st of the month due date.
SESSION CONTRACT:
AGREEMENT Overview: This agreement contains the entire understanding between Laura Skellie Photography aka PHOTOGRAPHER (and its owners, affiliates, volunteers, and subcontracted workers) 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 the 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.
1. BOOKING:
100% of the total cost of the non-refundable deposit is due at time of signing this agreement, unless otherwise noted. In the event of cancellation by the CLIENT, all of the monies paid are kept as a non-refundable retainer. In addition, Laura Skellie Photography reserves the right to return 100% of the retainer if they shall see fit for any reason. Retainers are liquidated for damages to Laura Skellie Photography in the event of a cancellation, or breach of contract by the CLIENT.
When booking CLIENT understands that the non-refundable deposit does go towards the package of choice stated above in the Deliverables Section
2. COOPERATION:
The CLIENT and the rest of the CLIENT's party agree to cheerfully cooperate and communicate throughout the session for300 the best possible result within the definition of this assignment. Laura Skellie 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 Laura Skellie Photography. Total number of images is solely based upon a successful session, which includes but is not limited to children behaving inappropriately, pets not cooperating, outside distractions, etc.
3. RESCHEDULING/LATE ARRIVALS/ILLNESS/CANCELLATION:
CLIENT can cancel or reschedule a session without penalty if the session is cancelled or rescheduled more than 48 hours prior to the session. CLIENT is responsible for any and all travel fees previously paid by PHOTOGRAPHER, including but not limited to hotels, rental cars, etc..
In the event of rescheduling and postponement the retainer will be transferred if notice is given at least 48 hours prior to the scheduled time and must be rescheduled within same 14 days, unless discussed otherwise. In the event of rescheduling less than 48 hours prior to the session, retainers are forfeited at the discretion of the PHOTOGRAPHER and a new retainer must be paid, all other session fees paid up to that point are transferable.
In the event that rescheduling is requested due to illness, the retainer will be transferred, if and only if the rescheduled date is within 14 days form original session date, unless otherwise specified by Laura Skellie Photography. After 14 days, the CLIENT will forfeit their retainer, at the discretion of Laura Skellie Photography, and will be required to pay another retainer to reschedule session. All other session fees paid up to that point are transferable.
Late arrivals will have amount of time late deducted from total time allotted for session. In the event that the PHOTOGRAPHER is late for any reason, session time will be extended to the contracted amount if available. If session cannot be completed per the contracted time-frame, and the minimum number of images promised is NOT obtainable, the PHOTOGRAPHER is only liable for return of payments based on time/percentage amount. (i.e. 15 minutes late for an hour session is 25% refund).
4. LIMIT OF LIABILITY:
In the unlikely event that the photographer is injured or becomes too ill, or has an extreme emergency that prevents her from photographing the session, Laura Skellie Photography will make every effort to reschedule the event or find a replacement shooter(s). If for whatever reason this is not possible, responsibility and liability is limited to the return of all payments received for the session purchased. Laura Skellie Photography takes the utmost care with respect to exposure, transportation, processing and archiving the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Laura Skellie Photography's control, Laura Skellie Photography’s liability is limited to the return of all payments received for the portrait session. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or media malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the Studio/Photographer fails to perform for any other reason, the PHOTOGRAPHER shall not be liable for any amount in excess of the retail value of the CLIENT's product order, OR the session fee.
5. PHYSICAL LIABILITY:
Clients are responsible for their conduct at all times. Any breakage or damage to equipment or studio contents at the hands of the CLIENT are the sole financial responsibility of the CLIENT. Clients agree to hold Laura Skellie Photography and its agents harmless for any injuries or damages sustained in route to and from, preceding, during, and following a session. Clients agree to hold Laura Skellie Photography and owners of land and/or property that photo session takes place in, on, and around harmless for any injuries or damages sustained in route to and from, preceding, during, and following a session. Sessions at times occur in wooded areas, Laura Skellie Photography is not to be held responsible for any incidents that may occur, and clients partake at their own will. This includes, but is not limited to bug bites, snake encounters, spider webs, etc. If clients do not wish to be in a natural environment, sessions can be conducted in areas away from wooded areas to minimize risk.
No monies are refunded based on length of session as long as promised number of images are provided if there is an issue at the session, i.e. children, rain, etc.
6. IMAGES, COPYRIGHT, AND MODEL RELEASE:
WITHOUT EXCEPTION, all digital files provided by Laura Skellie Photography are protected under copyright of Laura Skellie /Laura Skellie Photography. This copyright is non-transferrable. Purchase of prints, products, or digital files does NOT signify a transfer of ownership of any copyrights. Please refer to the Print Release document provided with your digital files for further information on how you may legally use your digital files. Please also adhere to the U.S. Copyright Act, in your usage of photographic prints and products, outlined below:
The U.S. Copyright Act (Title 17, United States Code) is designed to protect photographers and other artists by granting them the exclusive right to distribute, copy, edit and publish their photography by license, transfer, or sale. The Copyright Act prohibits anyone from copying, scanning, editing or sharing photographic prints,images, or media without the written permission of the photographer. Violation of the Copyright Act can incur both civil and criminal penalties.
7. GALLERY DELIVERY:
Final galleries or proofing galleries (where applicable) will be delivered to clients within 2 weeks (14 total days), in some cases during busy season (October-December) this may be 3 weeks (or a total of 21 days). Proofing galleries for will be provided with light edits for your selection. Proofing galleries for mini sessions will be provided within 7 days and will have light edits in order to expedite the selection process. Final images will be provided within 1 week (7 days) of CLIENT selection, unless during busy season (October-December), it may be up to 2 weeks (14 days). If images are needed sooner for any reason, a $150 expedited processing fee can be paid, and images will be ready in a final gallery or a proofing gallery within 48 hours.
8. DIGITAL IMAGES AND DELIVERY:
Laura Skellie Photography will provide high-resolution digital images that are guaranteed printable up to 18"x24". For anything larger, please contact Laura Skellie Photography immediately to make sure images you receive are sized properly. All digital Images are edited on calibrated monitors, with proper color profiles, if CLIENT images appear off, contact Laura Skellie Photography immediate to rectify and resolve this issue.
Digital images will be available, unless otherwise specified, at www.lauraskelliephotography.pixieset.com. All final galleries will include a high-resolution version and a web sized version with watermark for social media sharing (see Copyright and Print Release for more information on limits of use of digital images.) Digital images will be available for download for 30 days. If images are required to be posted again, an archival retrieval fee of $50.00 will be incurred.
At any time, clients are restricted from making any unauthorized changes or adjustments to digital images such as filters, cropping, or any other edits.
9. PRINT PRODUCTS:
Laura Skellie Photography cannot guarantee the quality or color profiles of any prints or products not ordered through our designated professional lab. Prints, canvases, metal prints, gift items, and other miscellaneous products can be ordered during the 30 days that gallery is available for download. Any products will be available within 2-4 weeks depending on product.
10. SOCIAL MEDIA:
When sharing digital files on social media, images with watermark must be used and credit given to Laura Skellie Photography in the form of a Facebook link, tag, or website link. Failure to do and LSP can revoke your privilege of using images for social media. LSP may revoke posting privileges if photographs appear to be altered and/or proper credit is not shown.
11. EXCLUSIVITY / GUEST PHOTOGRAPHY:
It is understood that Laura Skellie Photography will act as the sole and exclusive paid photographer for sessions and events. LSP reserves the right to prohibit guest photography during photography times if guest photography interferes with photographs. IF ANOTHER PHOTOGRAPHER IS HIRED, without notification and consent of Laura Skellie Photography, Laura Skellie Photography has the right to void this contract, retain all monies paid as damages/loss time, and leave the session or event.
12. ARTISTIC REPRESENTATION:
It is understood that by signing this contract you understand the quality and type of work created by Laura Skellie Photography. All images created are done with a similar and very specific quality and style, and it is up to the client to properly research Laura Skellie Photography's specific artistic representation as shown on the LSP website and Facebook page. (www.lauraskelliephotography.com and www.facebook.com/lauraskelliephotography) before booking a session.
Please note, LSP does not do extensive photographic modifications. If the requested change/edit is beyond our ability, a fee can be assed for $25 per image to have them sent to a retouching service. Additional editing, outside of LSPs artistic representation is not considered and is outside of the PHOTOGRAPHERS liability.
14. MODEL RELEASE: (Note, this does not apply to Boudoir Sessions, and additional consent will need to be given for those images to be shared)
For valuable consideration I hereby give to Laura Skellie Photography the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and my family in which he/she may be included with others:
a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and;
c) To use my name or my child’s name in connection therewith if he/she so decides.
By signing this contract below, I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
This authorization and release shall inure to the benefit of the legal representatives, licensees and assigns of the photographer as well as the person(s) for whom he/she took the photographs.
I have read the foregoing and fully understand the contents hereof. I represent that I am the [parent/guardian] of the children apart of the session, and am the representative for my family. For value received, I hereby consent to the foregoing on their behalf.
NOTE: If you do not wish to have your images posted, or images of your children posted, please sign the contract and immediately email hello@lauraskelliephotography.com stating that you do not want images used, and we will respect your privacy on this issue!
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This Contract incorporates the entire understanding of the parties. Any modifications of this Contract must be in writing and signed by both parties. The person signing this contract agrees to act as a representative of all people photographed, agrees to the model release above, and represents their agreement to these terms and conditions. By signing below you are have read and understood this agreement and agree to be bound by them: