TERMS + CONDITIONS
1. Parties. The Client listed above is hereinafter referred to as the “Client.” Tammy Sales, dba Dageaux’s Photography is hereinafter referred to as “Photographer.” Photographer is in the business of providing professional photography services and products and Client wishes to retain Photographer’s services as set forth herein.
2. Coverage/Package Information. Client is purchasing Photographer’s Newborn Session, which includes the following: 2 Hour Session: $200, proof link with 35-40 edited photos, USB flashdrive of edited photos with minimum $375 purchase. Prints, digital files and products can be purchased at a la carte prices in effect at the time of purchase.
3. Deposit + Payment Schedule. A non-refundable deposit in the amount of $100 is due at the time of booking Client’s session to reserve space on the Photographer’s calendar and to ensure that Photographer will be on call around Client’s due date. The remainder of the total amount owed is due at the time of Client’s scheduled session.
4. Cancellation Policy. Client understands that labor and delivery is unpredictable and that by entering into this Agreement, Photographer is foregoing other employment to ensure that Photographer will be available and on call around Client’s due date. Therefore, the deposit is nonrefundable upon cancellation for any reason. All amounts become nonrefundable once paid to Photographer.
5. Proofing + Ordering. Approximately 2 to 3 weeks after Client’s session, 35 to 40 custom-edited proofs will be available for viewing in an online gallery. The online gallery will be available for 14 days from the date of the first publication, within which all orders must be placed. Client will be charged a $50 fee if the gallery needs to be republished after expiration. All prints and products can be picked up at Photographer’s Studio. Client agrees and understands that Photographer, in her sole artistic discretion, decides which images taken during the session will be edited and presented in the Client’s gallery; not all images taken during the session will be presented to the Client. USB flash drive received by client will contain digital files with a resolution that will allow printing up to 8x10 in size. All larger files must be printed through Photographer.
6. Albums/Delivery. If Client is ordering an album, the album will be available for pick up or delivery to Client within 3 to 4 weeks after Client has ordered. Photographer is not liable for mistakes or delays in creating or delivering of the album caused by the lab or company producing the album. If Client wishes to make changes or place a reorder after Client has received the album, then all changes and reorders will be at the Client’s full expense.
7. Editing. Client agrees and understands that Photographer edits the proofs at his/her own artistic discretion, and said editing is included in the session fee. Additional editing requests will be charged at an extra rate of $20 per image.
8. Refunds on Photographic Products. Due to the custom nature of photography, all purchased products, including but not limited to prints, albums, flash drives, and canvas wraps, cannot be returned and all money paid is nonrefundable.
9. Archive and Storage. The Photographer archives all proofed images from each session for a period of 1 year from the date of the session. After that time, the Photographer deletes all proofed images from his/her hard drive and all external hard drives. The Photographer is not responsible for digital files once they are purchased and received by the Client. The Client is responsible for making electronic back-up copies of any digital files that are purchased from the Photographer and for keeping them in a safe place.
10. Force Majeure. Photographer will not be liable to the Client for any loss, including but not limited to the inability of Photographer to arrive in time to photograph the session, resulting from an act of God, natural disaster (including but not limited to fire, earthquake, tropical storm, hurricane, flood, lightning, tornado), road closures, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, or general inability of national carriers to make scheduled deliveries.
11. Limitation of Liability; Release of Photographer; Assumption of Risk. If Client has any claim or cause of action against Photographer under this Agreement or based on the services provided hereunder, whether arising in tort or contract, or if Client (or Client’s minor child or children which participate in the photography coverage hereunder) is personally injured while Photographer is providing the services under this Agreement, even if based on or caused by Photographer’s negligence or the negligence of Photographer’s employees or independent contractors, Client’s recovery and Photographer’s liability is limited to the total amount paid from Client to Photographer under this Agreement and Photographer will have no further liability to Client, regardless of the total amount of costs or damages, including but not limited to direct, special, incidental, indirect, or consequential damages, claimed by Client. Client’s recovery is likewise limited to the total amount paid from Client to Photographer under this Agreement in a situation where the digital files or film negatives are lost or damaged through camera malfunction, where Photographer’s camera(s), memory cards or film negatives are stolen, or where Photographer’s equipment is otherwise lost or damaged. Furthermore, Client acknowledges and understands the inherent risks associated with pregnancy, labor and delivery and that Photographer will simply be present as a passive observer and not as an active participant or medical care provider of any kind.
12. Model Release. Client hereby grants to Photographer and his/her legal representatives, heirs, and assigns, the irrevocable and unrestricted right to use and publish photographs of Client and Client’s minor child born during the labor and delivery photographed under this Agreement for marketing, advertising, portfolio, website, commercial use, and other purposes, in any manner and to edit and alter the same without restriction. Client hereby releases Photographer and his/her legal representatives, heirs and assigns from any and all claims and liability relating to the photographs.
13. Copyright. Client understands that Photographer is the sole and exclusive holder and owner of the copyright of each image taken during the services provided under this Agreement and Client will not copy (including electronic copying, downloading, and screen printing), scan, edit, crop, or alter the images in any manner for any purpose. Photographer retains all rights to the images, including but not limited to, the right to sell, copy, display, and/or publish any and all images, for any reasons, including but not limited to marketing, advertising, print competitions, and for use on Photographer’s website and portfolio. Copyright protection is governed by federal law and any and all violators will be punished to the fullest extent of the law.
14. Client Usage; Personal Use Only. Client understands that he/she is obtaining prints and/or digital files (or other products) for Client’s personal use only. Client agrees that he/she will not use any of the images from the session for commercial reasons, including but not limited to marketing, advertising or entering the images into a contest of any kind. If Client wishes to use any of the images from the session for commercial purposes, Client must contact Photographer to discuss the terms of a potential commercial arrangement, though Photographer is under no obligation to enter into any commercial arrangement.
15. Family Photograph Policy. Client agrees to follow and adhere to Photographer’s right to photograph only families that meet the traditional / biblical definition of marriage.
16. Entire Agreement; Amendments. This Agreement is the entire agreement between the parties regarding this subject matter and supersedes all prior agreements and understandings related hereto. This Agreement can only be amended or modified in a writing signed by both parties, including a cancellation.
17. Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect.
18. Governing Law, Jurisdiction and Venue. This Agreement shall be governed by the laws of the State of Arkansas, without giving effect to the principals of conflicts of law. The parties consent to jurisdiction and venue in the state and federal courts located in the State of Arkansas.
WHEREFORE, the parties execute this Agreement on the date first written below.