MINI-SESSION AGREEMENT
1. PAYMENT TERMS AND CONDITIONS: The photography session will cover up to 1 hour of service. The Client shall pay in full the balance of the package and any additional services incurred by the day the photography services are rendered at the end of the photography session. Payment must be made using CASH, or ELECTRONIC PAYMENT. Should client be late in making payment for more than 14 days- the images will be permanently deleted from photographer's hard drive & retainer will be forfeited.
2. RETAINER : Client understands that a non-refundable retainer of $99 is required to reserve Photographer’s services for the agreed upon date and time unless otherwise stated by Shots by Shawnna Photography. This retainer fee goes towards the remaining balance of the session. The retainer fee is required to secure session date & time slot.
3. CANCELLATION & RESCHEDULING POLICY: Last-minute cancellations (within 72 hours of scheduled session) and no-shows are subject to forfeiture of the session retainer fee. Shots by Shawnna Photography will wait approximately 20 minutes before determining session as a no show. Coming late to your session will result in less time allotted for your session and resulting in less images & set ups/poses available. It is the clients responsibility to inform photographer to reschedule 72 hours prior to session. Shots by Shawnna Photography will make every effort to reschedule as long as there are no other sessions scheduled. You may only reschedule once and must be rescheduled within 1 month of original appointment date or deposit will be forfeited. Client understands and agrees that the Photographer will not book other sessions during this time and if the client cancels or doesn't show for the scheduled appointment date, for any reason, the Photographer would suffer losses that are difficult to ascertain.
4. SUBJECTS: Client shall maintain control of all children while attending session. Children are to be supervised by an accompanying adult at all times and shall not climb on or play with any of the Photographer's belongings while at the session. Children not in photograph at any given moment shall not interfere with other photographs being taken. Photographer has the right to end the session if proper supervision is not maintained. All retainers and payment terms still apply.
5. RE-SHOOTS: Re-shoots are determined at the discretion of Shots by Shawnna Photography. Re-shoots will not be given for poor choices of clothing, make-up, hair or non-cooperation from any of the parties involved, or by not following the recommendations of the photographer. In the event of severe weather or events of mother nature, fire, catastrophe, pandemic, state of emergency, or illness by anyone participating in photo session with a fever of 100.6 or higher, diarrhea or vomiting, the client shall be allowed and recommended for safety to reschedule at Photographer's discretion. If the Photographer is unable to deliver photographic material 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 a re-shoot.
6. CHILDREN, PET & FAMILY POSING: All sessions are led by the children and pets. Client can express what poses they want however the results may vary due to the cooperation & limitations of the children & pets.
7. MODEL RELEASE: The CLIENT hereby assigns Shots by Shawnna Photography the irrevocable and unrestricted right to use and publish photographs of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images and all forms of claims and liability related to photo usage.
8. NOTICE OF COPYRIGHT AND REPRODUCTION: It is illegal for anyone other than photographer to copy, alter or reproduce said photographs elsewhere without first obtaining Photographer’s written permission and violators of this law will be subject to its civil and criminal penalties. (Copyright law Title 17, Appendix V, Additional Provisions of the Digital Millennium Copyright Act 2005, Section 102) The Photographer shall own the copyright on all images created and shall have the exclusive rights to make reproductions for, including but not limited to, all forms of marketing materials and advertising, portfolios entries, sample products and displays on Photographer's website, social media accounts, and/or in studio. The Photographer shall make reproductions for the Client or for the Photographer’s portfolio, samples, entry in photographic contests or art exhibitions, or for display within or outside of the Photographer’s studio.
9. COMPLETION OF PROOFS: Client understands that under normal circumstances portrait proofs will be available within 14 business days after the date of the photography session. Proofs shall be made available online through an online gallery proofing website or an in-person ordering session. Client has 14 days to select their final images from the gallery. Once the selections are made the images will then be edited to reflect the photographer's current portfolio. Should client take longer than 7 days to select images, the proofing gallery will expire. Should this happen the client has the option to pay $100 to reactivate the gallery or allow Shots by Shawnna Photography to make selections on client's behalf.
10. MODIFICATIONS: If the client has a request for a small alteration of an image, please let Shots by Shawnna Photography know before you place your order. The photographer can address minor changes at no cost (fix blemishes, light skin smoothing, tighter crop, etc.), but more involved requests are billed at $50/hr. Shots by Shawnna Photography will let the client know if there will be extra charges before work begins. The final post production editing styles, effects, and overall look of the images are left to the discretion of Shots by Shawnna Photography.
11. CLIENT’S USAGE: The Client is obtaining prints for personal use only, and shall not sell said prints or authorize any reproductions thereof by parties other than the Photographer. It is a violation of federal copyright law to allow photographs created by Shots by Shawnna Photography to be digitally reproduced, copied or scanned without written permission. Any use for general public or for monetary gain will be considered copyright infringement. The Client must obtain written permission from Shots by Shawnna Photography and compensate Shots by Shawnna Photography prior to the Client or their friends and family publishing or selling the photographs for profit. Client may share blog post links and Facebook albums or social media posts through use of the share functions and direct links. Any social media posts made by Client must have Photographer tagged and no alterations may be made to any of the photos (no filters, color change, cropping, or editing of any kind). Client shall not copy, screenshot or capture the photographs in any other fashion.
12. LIMITED LIABILITY: In the unlikely event that the photographer from Shots by Shawnna Photography is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Shots by Shawnna Photography then Shots by Shawnna Photography will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the scheduled photography session. In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond Shots by Shawnna Photography's control, including but not limited to camera, hard drive, or equipment malfunction, Shots by Shawnna Photography's liability is limited to the return of all payments received for the photography session. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Shots by Shawnna Photography is not liable for the loss of images beyond the lesser of the final delivery of all products included in the package for one year.
13. CAPTURE AND DELIVERY: Shots by Shawnna Photography is not liable to deliver every image taken at the Photography session. The determination of images delivered to the CLIENT is left to the discretion of Shots by Shawnna Photography. RAW or unedited images will NOT be released under any circumstance as Shots by Shawnna Photography owns the rights to the images captured.
14. EXCLUSIVE PHOTOGRAPHER: It is agreed and understood that no person other than Shots by Shawnna Photography will be allowed to photograph or take pictures at any time during the shoot.
15. MISCELLANEOUS: 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 here under shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement. The laws of the state of Pennsylvania shall govern this Agreement. No changes may be made to this agreement without prior authorization. All changes must be initialed and dated by both Shots by Shawnna Photography and the Client. Any controversy or claim arising out of or relating to this contract or the 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.
16. INDEMNIFICATION: The Photographer shall be held harmless for any and all injury to client and any and all guests accompanying client during the course of the photography session and the immediately surrounding events.
The undersigned have read and agree to all the terms on all the pages of this contract.