PHOTOGRAPHY AGREEMENT

I'm so excited for our session!  Please take a moment to read over this contract, fill in the appropriate spaces, and sign your name.  Your date is held for 24 hours, so please complete everything within that time.

 

Cooperation. Both parties agree to cheerful cooperation and communication. Yany Photography is not responsible for a poor outcome if individuals fail to cooperate during photography sessions or disregard advice on clothing and/or location choice. There will be no re-shoots or refunds if children don't smile or cooperate. Sessions will start on time, so it is encouraged that you arrive on time. I completely understand that kiddos need breaks, so please make sure to bring a drink and snack.  Being late means that your session is cut short, and the minimum of 25 images does not apply.

Cancellation. If Client requests to amend or cancel this agreement before the session date, the session fee shall be applied to a mutually agreed upon reschedule date in the same calendar year. Client understands and agrees that Photographer will not book other sessions during this time. In the event that Client cancels the portrait session or fails to attend the session on the session date, for any reason, Photographer shall suffer losses that are difficult to ascertain.

Artistic Rights. The Photographer retains the right of discretion in selecting the photographic materials released to the client.

Archive. After three (3) months, all ordered 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. All photos not ordered will be deleted to make room.

Photographic Materials. All photographic materials, including but not limited to negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. Gallery proofs shall be available to the Client within 2-3 weeks of the session.

Copyright and Reproductions. The Photographer owns the copyright for all images created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Photographer’s website and/or studio. If the Photographer desires to make other uses. The client signing this contract warrants that he or she has actual authority to agree to the use of the likeness of all persons included in the portrait in this manner and shall indemnify and defend the Photographer in the event of litigation arising out of such use. It is understood that any duplication or alteration of original images is strictly prohibited {Copyright Law Title 17, Appendix V. Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102} without the written permission of the Photographer.

Client’s Usage. The Client shall only use the prints, including digital files, in accordance with the permissions within this agreement. The Client’s prints are for personal use only and shall not be submitted to contests, reproduced for commercial use or authorize any reproductions by parties other than the Photographer. If the Photographer provides a digital file print release, the Client must act in accordance with the release.

Failure to Perform. If the Photographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, act of God or causes beyond the control of the Photographer, the Photographer and Client shall make every attempt to reschedule the session. If a reschedule is unable to be agreed upon, Photographer shall return the session fee to the client and shall have no further liability. Further, if the Photographer is unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of the Photographer, liability shall be limited.

Limit of Liability. Yany Photography is not liable for injury or damage to Clients before, during, or after the photo shoot. Therefore, the client(s) releases Yany Photography from being held responsible or liable for any injury or damage to any Client(s) involved in said photo shoot, as well as their property. No compensation in any form will be given, and it is ultimately the responsibility of the Client(s) to ensure their safety at all times. 

Payment Schedule. Client agrees to pay photographer a session fee of $200 at the time of booking to secure their appointment date and time. This is a NON-REFUNDABLE PAYMENT that secures your session date with Yany Photography. At the time the contract takes effect, Yany Photography shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, in the event that the Client cancels the contract for any reason, all monies paid shall be retained by Yany Photography in order to offset loss of business.

After your session, we will meet for your ordering appointment, where you will see your images as printed proofs and choose products. There is no minimum purchase requirement.  Payment for your products is due in FULL, prior to prints being ordered. Due to the nature, prints and products are non-refundable. Please make sure that you proof and finalize all images and products before placing your order. Payment plans are available, so please ask! Yany Photography is not responsible for printing errors or for quality/print of products not printed through our professional printer.

Photographer’s Standard Price List. The charges in this agreement are based on the Photographer’s Standard Price List. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.

I have read and understand the terms of this contract with Yany Photography and agree to be bound by them. *
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