Deluxe Session (Deposit Only)
Be sure to discuss Dates with me before Booking! My number is 304-514-4195 or email [email protected]
Deluxe Session $600
*$200 non refundable or transferable deposit to book
-includes 60 digital images
-session is about an 60 minutes long
-editing turn around is 3 weeks.
Contract is Listed Below! You agree to the terms of the contract by paying the deposit!
The selected package price is $600 and this includes the Photographer’s time to prepare for, photograph, edit, and disseminate images from the Client’s session. The selected package price in this agreement is good for a period of 30 days from the date of receiving this contract. Client is fully responsible for any returned payment or applicable bank fees. The Photographer is retained for the Client’s portrait session only when both the contract is signed and a non-refundable retainer of $200 is received and processed. The remaining balance is due no later than the day of the actual portrait session. Failure to do so may result in a late payment fee of $100. Failure to provide payment within the stated time frames shall render this agreement null and void, and the Photographer shall not be obligated to provide services, products, or to return any monies to the Client. There is no penalty for early payment.]
THIRD PARTY PAYOR: Any Third Party Payor shall not have any bearing, influence, or say to the provisions of photography for the portrait session or any other aspect of the provisions of photography outside of the portrait session as it pertains to the services provided by the Photographer to the Client. Any returned payment fees shall be the responsibility of the Client.
TRAVEL EXPENSES: Portrait Sessions located outside of Ripley, WV may be assessed a travel fee of $0.535 per mile as determined by the round-trip distance between Ripley, WV and the location of the portrait session. Non-WV portrait sessions may also be assessed a travel fee inclusive of reasonable airfare, lodging, and transportation.
QUALITY OF SERVICE: To obtain quality consistent with the Photographer’s brand, adequate time as recommended by the Photographer shall be allotted for artistic freedom and composition. The Photographer is not liable for acts of nature or natural phenomenon that might affect the quality or quantity of pictures. The Photographer is limited by the restrictions imposed by all policies at the portrait session location. All fees required to shoot at a portrait session location are the responsibility of the Client.
NON-GUARANTEE OF IMAGE DELIVERY: All decisions pertaining to culling, editing, and final image delivery shall be done at the sole discretion of the Photographer. The Photographer shall not guarantee delivery of any specific image, moment, or composition. It is possible that certain images may not adhere to the quality standards of the Photographer’s brand. If, for any reason, the Photographer deems an image unacceptable, there exists no obligation to deliver said image to the Client. The Photographer is not liable for hindrances from photography caused by other persons, lighting, structures, or similar. The Photographer is not responsible for inclusion of persons who are not present or are uncooperative.
DIGITAL IMAGE DELIVERY AND ARCHIVAL: Full Resolution digital files, either purchased separately or included as part of the portrait package, shall be delivered to the Client with Reproduction Rights. The Photographer agrees to archive all edited digital images for a period of 1 year. The Client may contact the Photographer in writing within that year to purchase additional digital copies of these images for a fee of $100. After that period, the Photographer reserves the right to remove said images from storage, in part or in whole. The Photographer is not responsible for lost or failed media already delivered to the Client.
TANGIBLE PRODUCT AND DELIVERY: Once the Client has received the Full Resolution digital files and communicated to the Photographer in writing the image selection for professional products, either purchased separately or as part of the portrait package, these shall be processed and delivered within 6 weeks from that time. Once proofs have been accepted, the Photographer is no longer liable for the layout of the product(s). Further revisions and reprints shall be charged at full client cost.
UNLIMITED COPYRIGHT LICENSE AGREEMENT: The Photographer retains all copyrights and moral rights, including those not expressly granted in this agreement, to every photograph taken by the Photographer, indefinitely. The Photographer reserves the right to use any photograph for display, publication, promotion and advertising, or other purposes. The Client agrees to waive any right to examine or approve said photograph(s).
PHOTOGRAPHER COPYRIGHT COMPLIANCE: The Photographer has no obligation to reproduce, mimic, or otherwise copy any existing photograph(s), digital image(s), composition(s), pose(s), editing style(s), or other copyrighted material(s) as governed by US Copyright Law, Title 17.
MODEL RELEASE: The Client agrees to grant the Photographer, Photographer’s studios, employees, legal representatives, licensees, and assignees, the irrevocable and unrestricted right to use and publish, with or without Client name(s), photographs herein described, in any and all forms and mediums and in all manners including composite images or digitally manipulated representations, of the portrait session for the purpose of publicity, illustration, commercial art, advertising, publishing, for any product or services, or other lawful uses as may be determined by the Photographer.
HARASSMENT: The Client hereby agrees to engage with the Photographer in an appropriate and civil manner. At no time and under no circumstance shall the Photographer tolerate abusive, violent, destructive, menacing, or harassing behavior from the Client and/or any agent or party acting on behalf of the Client. The Photographer reserves the right to terminate services immediately, without notifying the Client and without refund of monies paid.
RIGHT OF WITHDRAWAL: Prior to the portrait session, the Photographer reserves the right to withdraw from this contract should new information pertaining to the Client’s portrait session, changes to agreed circumstances, or other factors that circumvent this contract’s policies be discovered, including but not limited to: non-cooperation; changes in locations, facilities, or portrait session dates and times; and late payments. Should the Photographer initiate the withdrawal, any monies paid shall be returned excluding all the following: 1) the retainer paid to secure the Client’s portrait session date, 2) the fees for photography services already performed and billed at a rate of $350 per hour, and 3) the actual Client cost for any products already delivered and not paid for separately.
PORTRAIT SESSION CANCELLATION: Should the Client initiate cancellation of the portrait package, the package price is refundable minus the deposit. Any additional monies paid shall be returned excluding all the following: 1) the fees for photography services already performed and billed at a rate of $350 per hour, and 2) the actual Client cost for any products already delivered and not paid for separately. Cancellation must be communicated in writing.
PHOTOGRAPHER CHOICE: The Photographer reserves the right to change the photographer(s) for the Client’s portrait session, from within the Photographer’s own company or network of photographers, should reasons beyond the Photographer’s control, including illness, injury, family tragedy, unavailability, or similar, manifest.
LIMITS OF LIABILITY: Should a situation occur where the Photographer is unable to photograph the Client’s portrait session, and a photographer with similar skill is not available, liability to the Photographer is limited up to the return of the selected package price. In the event of catastrophic equipment failure or loss beyond the control of the Photographer or photographers resulting in a loss of digital images, liability to the Photographer is limited up to the return of the selected package price. The Photographer is not responsible or liable for delay caused by other participants, theft, fire, traffic, terrorism, and/or acts of nature. The Photographer is not responsible or liable for accidents arising from or relating to the providing of photographic services.
PHOTOGRAPHER INDEMNIFICATION: The Client hereby agrees to indemnify the Photographer any and all of in the following circumstances: 1) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer’s equipment being damaged or otherwise rendered inoperable; 2) actions of the Client, any agent, or party acting on behalf of the Client, that results in the Photographer being harmed or injured; 3) any unintentional harm or injury caused by the Photographer or Photographer’s equipment; and 4) any Client requests that may violate law or ordinance unknown to the Photographer.
DISPUTE RESOLUTION: If there is a dispute regarding any provision in this agreement, the parties agree that all disputes shall be resolved through binding arbitration. A panel of three arbiters shall be selected, one by each party and the third by agreement of the party-appointed arbiters. Arbitration will take place in Ripley, WV. The decision of the arbiters shall be binding and conclusive as to all disputes and as to all parties to this agreement.
CHOICE OF LAW: It is agreed that the laws of the State of West Virginia shall govern this agreement.