Payment. The Client shall pay an initial payment to the Photographer to perform the services specified herein. The Client shall make the payment upon booking a session. The initial payment reserves the photographer’s time, and it is non-refundable. Photographer agrees to not advertise availability of this same time slot to any other potential clients. If Client cancels this shoot for any reason, the inital payment will not be returned the the client. Any remaining balance is due the day of the scheduled session. Any additional purchases such as digital images, prints, retouching, or other add-ons must be paid in advance before production will begin.
Rescheduling. Bookings are non-refundable. Requests for rescheduling are granted only at the photographer’s discretion.
Exclusive Photographer. Please only bring the people that will be photographed during the session. Client is not permitted to use their cell phone or other camera to obtain images during the photo shoot. This slows down the photographer’s work and violates the photographer’s right to take pictures. Client agrees to take responsibility for insisting that no person(s) get in the way of the Photographer or take pictures during the scheduled session.
Permissions. Client will obtain all permissions necessary for Photographer to photograph at the shoot. Photographer has no duty to obtain permission of locations to operate thereon. Client understands and agrees that any failure to obtain these permissions resulting in fines to photographer, or which prevent photographer from photographing the session is not the fault, liability, or responsibility of photographer.
No Eating. Providing snacks and meals to children should be done before your photo shoot to ensure the best cooperation. Photographer is not responsible for visible chewed food in mouths or distorted expressions in images due to children eating during the photo shoot.Limitations. Photographer and Client agree that Photographer is under no obligation to capture any specific moment or pose or person(s) during the shoot. Photographer will strive to present photos in a workmanlike manner but is not required to cater to specific aesthetic preferences of Client. Images presented to the Client are the only images available.
Waiver. By participating in this session, Client hereby releases and holds harmless Sarah Sloboda (“Photographer”) from any and all claims and causes of action which may arise due to our participation in the photo session. Client agrees to hold Photographer harmless for any personal injury which may occur as the Client or anyone in their party poses or works with Photographer.
Work Product. Photographer will deliver online proofs within 30 business days. Client understands and agrees that proofs are the exclusive property of Photographer and Client has no right to these photos except for a license to review them, but not store the proofs. All photographic materials, including but not limited to digital files, proofs and prints, shall be the exclusive property of the Photographer.
Digital Downloads. Client understands and agrees that Photographer is not required to maintain copies of the photos from this shoot 7 days after the photos have been delivered to Client. Client is responsible for downloading and backing up their digital photo order in a timely manner. Digital image orders will be delivered via a link through Client’s email inbox. Client is responsible for clicking this link, downloading, and opening the ZIP file within 7 days. Photographer is not responsible for individual computer tech support. Client must familiarize themselves with how their computer handles the download of images. Image downloads expire in 7 days. If Client fails to download files within 7 days, additional fees will be due to reissue the files, if they are still available. Photographer makes every effort to back up the current year’s images until the end of the calendar year (December 31st), but there is no guarantee of retrieval after initial delivery.
Copyright and Reproductions. The Photographer shall own the copyright on all images. The Photographer shall make reproductions for the Client or for the Photographer’s portfolio, samples, self-promotions, entry in photographic contests or art exhibitions, editorial use, or for display within or on the outside of the Photographer’s studio.
Client’s Usage. When Client obtains prints or digital files, these items are for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. Clients cannot crop, edit, or change images in any way. Digital images purchased without watermarks may be shared in personal public forms such as client’s self-owned social media channels ONLY when an adjacent photo credit to “Sarah Sloboda Photography” appears in the caption, and Sarah Sloboda’s corresponding social media account is tagged. Any image shared without proper photo credit is considered illegal usage, and is subject to damages and removal.
Failure to Perform. Photographer may sub-contract or assign this contract to any second-shooter, Photographer may assign any associated photographer to perform its duties under this contract. All photographers must be capable and competent to perform the services in a workmanlike manner. If the Photographer cannot perform this Agreement due to a fire or other casualty, strike, act of God, or other cause beyond the control of the parties, or due to the Photographer’s illness, then the Photographer shall return the retainer to the Client but shall have no further liability with respect to the Agreement. This limitation on liability shall also apply in the event that photographic materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, or otherwise lost or damaged without fault on the part of the Photographer. In the event the 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 order. Client agrees to indemnify and hold harmless Photographer for any liability, damage, or loss related to technological failure, including data loss.
Model Release. Client grants permission to Photographer and its assigns, licensees, and sublicensees, permission to use Client’s image or likeness in any and all forms of media for commercial purposes, advertising, trade, personal use, or any and all other uses. Therefore, Photographer may use Client’s likeness and image on Photographer’s website or other advertising. [Package rates reflect a courtesy discount for signing the model release. Should you require privacy, please email the photographer to arrange a custom quote and contract.]Liability. Any loss or damage to the Photographer’s equipment (camera, lenses, flashes, lights, computer, backdrops, props, etc.) caused by the negligence or intent of the Client or a member of the Client’s party will be billed to the Client. The Client is liable and shall pay the Photographer immediately in order to repair or replace the lost or damaged equipment.
Miscellany. 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.Sales are Final. Due to the artistic nature of custom portrait photography, all sales are final.
