2020 Christmas Mini Session Agreement
Please read entire contract, sign & submit at the bottom of the page.
Mini Sessions will be held at PLACE on Dec. 2, 2018.
Session Fee is $125. $75 non-refundable retainer is due at time of booking and the remaining $50 is due at session. Please keep in mind that time slot is not guaranteed until retainer fee has been paid.
Fee includes: 20 min session, 30 digital files and print release.
Note – Mini-sessions do not include images on a USB-drive. Photos will be delivered via online gallery.
Retainer and Payment. Client agrees to pay Photographer a retainer of $75 at the time of booking to secure their appointment date and time. This is a non-refundable retainer fee that goes toward your session. Remaining balance of $50 for session fee is due on the day of the mini session and can be paid in cash/check or PayPal.
Cancellation. $75 retainer to reserve date/time is non-refundable and no refunds or credit will be given to Client, but you may transfer your session to another party. In case of inclement weather, Client and Photographer must agree on a re-shoot date.
Late Arrivals. Any Client that is late arriving to the session will have the amount of time late deducted from the time allotted for the session.
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 or hair related issues or by not following the recommendations of the Photographer.
Online Gallery & Archival. The Photographer shall make photo digitals available through an online gallery in which Clients can view, share and download the photos as well as have the option to order prints directly through the gallery. These images will be available to the client within 1 week or less after the session date. After the online gallery is delivered it will be open for 90 days. Upon receiving the link to the gallery of images, Client will be held responsible for the archival and storage of said images. After gallery expiration, Photographer will not be responsible for lost images once given to the client or required to retain back-up copies beyond initial distribution of images. Photographer is not responsible for how images are downloaded, if Client does not own a computer or have access to a suitable device to download photos, a USB can be purchased from Photographer for $40. Please note, Photographer does not provide RAW, unedited images from Client’s photo session.
Print Release & Terms. Photographer gives permission for the Client to share the print release & to reproduce images from their session/event taken by Sarah Elizabeth Photos, LLC for personal use only. Copyright of all images remains with the photographer and all editing or changing of the photos must be done by Sarah Elizabeth Photos, LLC only. Printed photograph quality will depend on where it is printed. Photographer is not liable for low quality prints due to choice of printer, modifications to images by Client, or incorrect downloading of the images for printing. Although Client has rights to print the downloaded photos at their choice of printer, it is highly recommended that Clients order prints directly through the online gallery provided to ensure the highest quality, lasting prints that match the colors & quality viewed in the digital gallery.
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 to refund of monies paid only.
Indemnification. Photographer is not responsible for any injuries 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. The Photographer also limits any liability for the loss, damage or failure to produce photographs taken during the session. This includes equipment malfunction or loss, weather related issues, or failure of the client to show up or participate in the session.
Satisfaction & Accuracy. The Photographer agrees that the work delivered will be of a similar style and caliber to those photographs on Photographers social media pages and website, and that the photographer will have complete creative control during the photographs and in post-processing. The images will be delivered in JPEG format with a mix of color and black and white images, deemed appropriate by the photographer. The photographer has the right to decline any “extreme” editing requests, such as but not limited to background changes, added effects, and body modification. Please note, photography will not provide RAW, unedited images from Client’s photo session.
Model Release. Sarah Elizabeth Photos may potentially use some photos from your session for advertising purposes such as posting to social media, photography website, contest/publication submission or business cards. I grant Sarah Cadwell (owner of Sarah Elizabeth Photos) permission and unrestricted rights to use and publish photos of me, or in which I may be included, for advertising purposes in any form. I hereby release photographer from all claims and liability relating to said photographs.
Severability. In the event any provision or part of this Agreement is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
Venue & Jurisdiction. This Contract is governed by the laws of the state of Indiana and federal courts in that district. Client and Photographer agree to subject themselves to the laws of this state except for as provided in the arbitration clause. Client and Photographer hereby waive the right to object to venue within this state.
Arbitration. Any dispute arising under or in any way related to this agreement shall be submitted to binding arbitration by the American Arbitration Association in accordance with the Association’s commercial rules then in effect. The arbitration shall be conducted in the state of Indiana. The arbitration shall be binding on the parties.
Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, and counterparts may be exchanged by electronic transmission, each of which will be deemed an original, but all of which together constitute one and the same instrument.
Entire Agreement. This agreement contains the entire understanding between Photographer and Client. It supersedes all prior agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. If the parties want to waive one provision of this agreement, it does not mean that any other provision is also waived.
*Session starts at the agreed upon time. It is strongly encouraged that client arrives 5-10 minutes prior to the start of session. This allows for any last-minute feeding, changing, and relaxing before session begins.