As of today, Client enters into the following agreement with Dream Photography 901, hereafter referred to as “Photographer.” This contract constitutes the entire agreement between both parties and will apply to future transactions. By sending payment to book an appointment Client is agreeing to this terms and conditions that will be provided at booking or can be reviewed on the photographer’s website at any time at www.dreamphotographty901.com/TC.
A. Session and Fees
Client agrees to pay the photographer’s fee as follows, 50% retainer and remaining balance a 3 days before their shoot for regular sessions, for special events such as mini sessions remaining must be paid 3-4 days before or the date specified during booking. Sessions booked 7-10 days before the appointment date must be paid in full to secure the spot. The fee is based on the package of their choice discussed at booking. This is a non-refundable fee. This fee covers the time and talent of photographer, basic retouching, and creative editing of images, as determined by the photographer, and a gallery of images stipulated on selected package.
1. All props discussed during booking are provided by the photographer at no extra charge unless client requests something that creates an out-of-pocket expense to the photographer.
2. Any damage caused by client(s) to props and/or material provided by the photographer, must be reimbursed in full by the end of the session.
Photographer is not responsible for unwilling participants ages 0-99 years old and/or liable or responsible for children's reactions or smiling.
3. NO PHONES will be permitted during the session.
4.Maternity shoots are preferred between 28 and 34 weeks. Client is responsible for being truthful during booking about any medical limitation in their pregnancy. If client has any medical restriction any time after booking, photographer must be notified immediately and client must have an approval from OB/GYN in order to keep her date.
5.Full balance must be paid 3 days before the shoot for regular sessions. If client does not pay in full by then, session will be canceled and 50% retainer is forfeited.
6.Photographer is not responsible for clients wardrobe malfunction, such as but not limited, to wrinkles on clothes, etc. and is not responsibility of the photographer to edit them. Client can request a quote to get the malfunction fix by a 3rd party and photographer is not responsible for results.
7.Mini sessions. In the event client fails to fulfill remaining balance on the set date retainer will be forfeited and client will lose their spot. If client fails to arrive on time, session will be canceled and there will be not make up time or reschedule, payment full payment will be forfeited.
7.1.Mini sessions. Solo shots will not be available for newborns or for babies who are unable to sit on their own at the time of the shoot.
7.2.Mini sessions. Pregnant ladies and newborns. This events are not targeted for newborn or maternity photoshoot, they are welcomed but there wont be any specific or special shots emphasizing either one.
7.3.Mini sessions. Birthday props or any other prop not related to the theme of the mini session will not be added under any circumstance.
B. Location Costs & Fees
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The photographer will not guarantee or arrange any payment on any location. Creative fee covers travel to Shelby Farms Park area. Any location outside of these limits will be subject to an additional charge $70 dlls as part of the agreement.
C. Appointments and Cancellations
Client will have a 15-minute tolerance for regular sessions before the appointment gets cancelled. There will NOT be makeup time for client’s lateness if arriving late (within the tolerance time). It is under the photographer’s discretion to reschedule. Deposit will not be refunded.
If an illness or situation prevents a photo session from taking place.
1. Client may reschedule at least 72 hours prior to their shoot without penalty.
2. Should client fail to give 72 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded.
3. In the event of photographer not being able to do the session, photographer will reschedule the appointment up to 1 time to a suitable date for both parties or will refund the client in full.
4. If weather is not suitable, session will be reschedule to a suitable date for both parties based on photographers availability.
Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
5.Maternity. If client does not book within the recommended time frame and delivers before her appointment, deposit will NOT be refunded. If already paid in full fee is forfeited and will not be refunded.
D. Gallery
1. Raw files are exclusive material of the photographer and will not be shared under any circumstances.
2. Gallery of client’s images will be available for viewing within 1-2 weeks of session date in a password protected web-gallery.
3. All editing is final. It is under the photographer’s discretion to make minimal changes upon request up to one time to the final selection.
4. For special edit requests such as physical changes, marks, skin retouch, wardrobe wrinkles, etc. a third party can be used at customer's expense and photographer has zero responsibility of results.
5.Photographer is not responsable for the color display of images in customers devices, such as but not limited to being warmer or cooler, due to calibration or color profile, mainly on new iphones.
6.There will be a $60 dollar fee to re-upload a "Preview" if client has already received final images. In the event that Client fails to create and/or pay additional images, raw files will be stored for 12 months, after this time photographer will not be responsible for the images and refunds will be not be issued since the session and storage was fulfilled by photographer as per contract.
7.Only purchased images will be delivered to client. Any image included in previews are considered Raw files.
8.Exchange of favorite images after client has given notice to photographer of final selection will not be allowed.
8.Due to the digital nature of all sessions. Once the client has downloaded an image or a gallery, services are considered fully rendered. There is no returns or refunds on digital products. all sales are final.
9.The client understands and acknowledges that it is their responsibility to view examples of the Photographers work on her website at www.dreamphotography901.com and on her social media such as Facebook or Instagram so that they understand the editing style of Photographer. The client acknowledges that photography is an art form, and each photographer has their own unique editing style. The style shown in the examples are the only editing style offered. It is the client responsibility to hire a photographer whose editing, posing, lighting and over all aesthetic matches their preferences, and signing this contract constitutes an acceptance of the editing style available. Each image is edited in the photographer's signature style as viewed on the current social media accounts and website and no other style of editing is available. No unedited/raw files will be sold or distributed for any reason. Only fully edited images matching the photographers style are available for viewing, downloading, printing, sharing, or purchase.
E. Prints
Client has full print release to print images at a place of their choice. Photographer is not responsible for third party results at printing. Customer must follow directions given by photographer after delivery, such as, Do not choose color correct or filters options and use www.mpix.com for better quality.
F. Archive
1. All images will be available for 30 days at client’s gallery for download. There will be a $20 dollar fee to re-upload gallery if client fails to download within advised time frame.
2. All final images will be purged from photographer’s hard drive after 2 months, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. Photographer is not responsible for loss or damaged to the digital files due to circumstances beyond photographer’s control.
3.Images that were not selected by client will not be stored and will be deleted.
G. Payment
1. 50% deposit is required to book session through zelle/venmo. And is considered a retainer and is non-refundable. This is applicable to Mini sessions or special events.
2. All deposits for special events such as Mini sessions, etc. are non refundable.
3.Remaining balance is due 3 days before the session by cash or through zelle/venmo.
4.Orders will not be processed until payment is received in full.
H. Liability
Photographer is not responsible for any injures 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.
I. Copyright and Penalty
In the event of images being used for advertisement for other business purposes
1. Photographer shall be notified previous the session to discuss credits.
2. Images can not be altered in any way misrepresenting photographer’s work.
J. Indemnification.
The photographer shall be held harmless for any and all injury to client during the course of the photography session and the immediately surrounding events.
K. Waivers
The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or a different provision of this Contract.
L. Attorney’s fees
If either party to this contract brings a legal action against the other party to this contract to secure the specific performance of this contract, collect damages for breach of this contract, or otherwise enforce or interpret this contract, the prevailing party shall recover reasonable attorney’s fees and all costs, premium for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.
M. Advertisement
Client agrees to allow photographer to use any image(s) for social media, website, internet, etc, for advertising purposes. A fee of $200 dollars will be charged if Client doesn't agree to this clause, and client MUST notify the photographer before booking.