This document is a contractual agreement made between: Mandy Marie Doula and Photography (referred to hereafter as “Photographer”) and Client.
AGREEMENT TERMS
PORTRAIT SESSION: Client is guaranteed up to 60 minutes of shoot time.
CANCELLATION/POSTPONEMENT: Client understands that by entering into this agreement, Photographer is foregoing other photographic jobs. In the event of a cancellation or postponement of the portrait session/agreement by Client, the amounts paid are non-refundable. Deposits are transferable if a date change is necessary. Forty-eight hours notice of postponements or cancellations is appreciated.
WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge.
COOPERATION/NO SHOWS: Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions. If the photo session must be rescheduled due to clients cooperation where the photographer has traveled to reach the destination, additional travel fees will apply. Because mini sessions are scheduled on a very tight basis, any amount of time the client is late will be deducted from their session. Client agrees to try to arrive 10 minutes before their time slot to prevent this.
COPYRIGHT: All images are copyrighted to and remain the property of Mandy Marie Doula and Photography.
CLIENT’S USAGE: Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions by parties other than Photographer. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Mandy Marie Doula ” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
EXHIBITION: Client grants Photographer permission to display selected images resulting from this assignment as an example of Photographer’s work and for entrance into photographic competitions and releases all claims to profits that may arise from use of images.
LIMIT OF LIABILITY: We take the utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed within or beyond Photographer’s control, Photographer’s liability is limited to the refund of all payments received, or a reshoot can be scheduled at no additional cost. The limit of liability for partial loss or damage of originals shall be a prorated amount of the total amount, based on the percentage of originals lost or damaged. In the unlikely event that Photographer is injured or becomes too ill to attend the portrait session, Photographer will make every effort to reschedule to the earliest possible date.
PORTRAIT FEES: Portrait fees include a 60 minute session and 30 digital hi-resolution images from the session. A private online gallery containing edited images in hi-resolution from the session with downloading rights and print release will be included in the portrait fee. The balance of the session fee is due on the day of Client’s portrait session, and is payable before shooting begins. Clients must bring the session fee to the session.
RETOUCHING, CONVERSIONS AND DIGITAL FILES: Standard retouching includes light blemish and stray hair removal. Complex retouching includes such changes as the removal of scars or heavy blemishes. Tonal conversions include converting color images to black-and-white. Files are automatically lightly retouched and available in color and black and white for no added fee. Complex retouching may result in an additional fee.
ARBITRATION: Any controversy or claim arising out of or relating to this contract, or a breach thereof, shall be settled by arbitration, administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association, administered by a licensed Arbitrator in the jurisdiction closest to the Photographer’s office and the arbitration award may be entered for judgment in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may refuse to arbitrate when the dispute is for a sum less than $1000. In no event shall an award in an arbitration initiated under this clause exceed the contracted price of the controversy in dispute.
INDEMNIFICATION: The Photographer shall be held harmless for any and all injury to Client during the course of the photographic event and the immediately surrounding events. You agree to hold harmless, Mandy Schuster, her representatives, employees and Mandy Marie Doula I Photography, from any dispute in the event you or your family become injured during your session or while on premises. Mandy Marie Doula I Photography and its’ representatives will not be held liable for any injury to you, your children or your family members, or for any damage to your property during the photo session or while on studio premises.
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.
This constitutes an order for one photography session with Mandy Marie Doula and Photography.
