A. Booking Fee and Payment
The Client shall make a non-refundable booking fee of $25.00 per session to the Photographer to perform the services specified herein. Upon payment, Photographer will reserve the time and date agreed upon by both parties exclusively for you. Payment is available via credit card (online) or check (made payable to Michelle Nuhlicek).
The session fee covers the time and talent of photographer, basic retouching and creative editing of images, as determined by the photographer. Additional editing is available at additional expense to be determined by photographer. Prints and Digital Files will be available for purchase.
Booking fees are due in full at the time of the session. Any booking fee payed will be deducted from the invoice total.
If Client requests to amend or cancel this agreement 7 or more calendar days before the session date, the booking fee shall be applied a mutually agreed upon reschedule date. If Client cancels this agreement, or fails to show, the booking fee shall be forfeited. 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.
C. Rescheduling/ Late Arrivals
In the event that the Client requests to reschedule a session, the retainer shall be applied to a reschedules session if notice is given at least 7 days prior to the schedule event. Reschedule must be within the same calendar year. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session. Arrivals more than 30 minutes past the scheduled start time will be rescheduled.
If an illness or situation prevents a photo session from taking place, client may reschedule their session at least 24 hours prior to their shoot without penalty. Should client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
D. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. Re-shoots and refunds will not be given for poor choices of clothing, make-up, hair or weather related issues, or by not following the recommendations of the photographer.
E. Artistic Rights
The Photographer retains the right of discretion in selecting the photographic materials released to the client.
F. Photographic Materials
All photographic materials, including but not limited to raw files proofs, and previews, shall be the exclusive property of the Photographer. The Photographer shall make gallery proofs available through an online gallery proofing website. These proofs shall be available to the Client within 2-3 weeks of the session. If an online proofing gallery delivered, it shall remain open for 90 days from delivery. If the Client requests to extend the time or reopen the online proofing gallery, a $20 unarchival fee shall apply.
G. Copyright and Reproductions
The Photographer shall own the copyright in 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. It is understood that any duplication or alteration of original images is strictly prohibited without the written permission of the Photographer.
H. 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.
I. Social Media
The Client may share blog post links and Facebook albums through use of the share functions and dissemination of direct links. Client shall not copy, download, screen shot, or capture the photographs in any other fashion.
By signing this contract, The Photographer is granted permission to share images via social media. If you prefer to opt out of this, please let The Photographer know at the time of service.
J. 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 retainer 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.
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.
This Agreement incorporates the entire understanding of the parties. Any modifications of this Agreement must be in writing and signed by both parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. This Agreement shall be governed by the laws of the State of WI.
Photographer is not responsible for the damage of portraits after delivery to client, including damage caused during transit by US mail. Client assumes all responsibility for the safety of all portraits upon receipt.
By completing payment of the session fees, you are hereby agreeing to all above aforementioned contract obligations and/or requirements.