Photo session contract
This contract is in place to explain the details of a photo session with Travel Expert Company LLC represented by Anna Koroplyasova and to make sure that we can meet your expectations. Please read this entire document carefully. You will be required to sign the contract on the session date.
This agreement contains the entire understanding between Photographer and the Client.
RELATIONSHIP OF PARTIES
It is understood by the parties that Photographer is an independent contractor with respect to The Client and not an employee of The Client.
A signed contract and the booking fee are required to reserve the specified coverage.
The booking fee is due at the time the session is booked with no exceptions. Booking fees do not include any product, either digital image or printed product. Booking fees included in the package cost. The appointment date is not secured until the booking fee is paid.
LOCATION COSTS & FEES
If there are any costs/fees associated with the location the client has chosen for their session, you, the client, will be responsible for those fees. The Photographer will not guarantee or arrange payment on any location.
No travel fee applicable for Dubai. Any location outside of these limits will be subject to an additional charge according to the actual price list.
If an illness or situation prevents a photo session from taking place, the client may reschedule their session at least 24 hours prior to their shoot without penalty. Should the client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. Photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond their control.
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, hair, or weather-related issues, or by not following the recommendations of the Photographer. Due to the custom nature of photographic products, no refunds will be issued. In case of re-shoot, the Client undertakes to make an additional payment for a booking fee (200 AED).
No images or products shall be provided before payment is made in full. Due to the artistic nature of custom photography all sales are final.
The photographer is not responsible for the damage of products after delivery to the client, including damage caused during transit by courier. The client assumes all responsibility for the safety of all portraits upon receipt.
Photographer’s editing style is consistent with the work you will have seen on the web-site. By booking you are agreeing to have your images edited consistently with usual style. The Photographer also retains the right to make adjustments to the photographs in post-processing as the Photographer deems within their creative control. Any extra editing outside of the usual will be charged at a rate of 50AED per hour.
The 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 client will not hold Photographer or the owner of the property where sessions are held liable for any injury that may occur during the session.
The Photographer is not held responsible if your baby does not sleep or cooperate. Client agrees to make a reasonable effort to adhere to the preparation guide supplied by Photographer prior to the session. Failure to do so could result in a low number of images in your gallery.
There is no guarantee that any number of images will be produced. Due to the nature of the job in hand the client understands that not every baby is the same or reacts the same to the session. If the baby refuses to cooperate, the photographer may suggest re-shoot if all else fails and if the child is less than 2 weeks old. In case of re-shoot, the Client undertakes to make additional payment for a booking fee (200 AED). If the baby is 2 weeks or more, they will not be offered another session due to the babies age. If the Client does not make an effort to attend a second session to complete the session then Photographer is released from the contract with no monies refunded and either the images taken are edited and supplied or destroyed.
The Client shall maintain control of other subjects, including but not limited to, siblings. It is the responsibility of the Client to ensure the cooperation of additional subjects as not to intrude on the baby’s immediate area.
In the event of sibling photographs, the client agrees to release Photographer from any responsibility included but not limited to capturing a photograph of a child who is not responsible for themselves. If the client is unable to get the child to cooperate then Photographer as a stranger is also not expected to. Photographer will not be held responsible for the behaviour of children on the day. eg. tantrums, or any behaviour making it impossible to photograph. The Photographer will not offer a cancellation or reschedule unless the Client pays for another session. No monies will be refunded either partial or full.
COPYRIGHT & PENALTY
Photographer retains all copyrights to all images created during client’s session. Photographer reserves the right to use images created under this contract for advertising, display, publication or any other professional service, if the Client gives approval for social media usage. The Client signing this contract warrants that he or she has actual authority to the use of the likeness of all persons included in the portrait in this manner and indemnify and defend Photographer in the event of litigation arising out of such use. All photographic materials, including but not limited to, negatives, transparencies, proofs, and previews, shall be the exclusive property of the Photographer. It is illegal to copy, scan, download, print screen, share, alter, or otherwise steal any image created by Photographer during client’s photo session. This applies to “sneak peek” images, images for proofing, blog, Facebook, or hard copy images. If client steals images via any method listed above, or any other method, client will be invoiced for the cost of EACH digital image client has stolen, at photographer’s current price per digital file.
All images are copyrighted by Photographer, even those client purchase. This means nobody else has permission to edit these images in any way. This includes but not limited to applying filters on smartphone photo apps and cropping. If found to be doing so is a breach of copyright and is illegal.
The Client is obtaining prints and/or digital files for personal use only, and shall not sell said prints or digital files or authorize any reproductions thereof by parties other than the Photographer.
- Photographer is the exclusive official photographer retained to perform the photographic services requested on this contract. The client or anyone else is not permitted to take photographs themselves.
No cameras/camcorders/any type of recording device (this includes cell phone cameras) are allowed during the session unless prior arrangement has been made between client and photographer, including a written agreement. The photographer will not continue if there are other cameras or video taping during the session.
- Session starts at the agreed upon time. It is strongly encouraged that client arrives 15 minutes prior to the start of session for location shoots. For Home visit the Client (s) should be ready, in appropriate clothing combed hair, fed baby.
- Please do not bring any children not being photographed to the session. Make sure hair is combed and face is clean and free of runny noses or eyes. Avoid eating or drinking red or orange food or drinks before session, as red and orange tend to leave a stain on the face.
The Photographer recommends the maternity session to be scheduled between 28 and 36 weeks gestation. Any session dates after 36 weeks that are missed due to labor shall not be refunded. The Photographer retains right of discretion to transfer the Maternity Session credit to another type of session, product, or service.
The Photographer recommends the newborn session to be done between 5 and 14 days old. Baby shall be fed immediately at the beginning of the session. The baby must be dressed in loose fitting clothing for ease of changes for portraits. If a pacifier or soother is required, the Client shall supply those items.
It is the client’s responsibility to create a backup folder of the images on their personal computer/hard drive etc. Photographer reserves the right to delete photos after 6 months from the date of the session (even if the Client still didn’t make his/her selection and order is not completed), except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion.
Photographer shall not be liable to the Client for any failure, in whole or in part, to fulfil her obligations where failure arises as a result of an event or circumstances beyond her control, which may include (but are not limited to) equipment failure, inclement weather, illness or injury. The Client understands and accepts that the photographic coverage will be as Photogrpher’s professional expertise determines. Special requests are not binding instructions although every effort is made to comply with the Client’s wishes. In the unlikely event of total photographic failure or cancellation of the contract by Photographer’s liability shall be limited to a full refund of all monies paid.
PROOFING AND ORDERING
After the session, client proofs will be provided within 7 working days. Processing times depend on current work demands. The Photographer retains the right of discretion in selecting the photographic materials released to the Client. The Client shall receive a gallery of photographs to select from in low resolution and watermark on it. Online gallery is available for 14 days. After this, the gallery will be expired and a re-upload fee will be charged. Re-upload fee is started from 50 AED and increases by 50 AED with every re-upload. (1st re-upload — 50 AED, 2nd re-upload — 100 AED, 3rd re-upload 150 AED and etc.)
Be sure to inspect your images very carefully in your gallery. Once images and products are ordered, all sales are final.
Prices listed on the site DO NOT include sales tax, shipping and handling.
Photographs may appear differently on different screens and may not print well from a low budget printer or printing lab. This is not the responsibility of Photographer and the Client will take this issue up with the third party. Finally Client will receive high resolution JPEG files with no watermark/logo. Photographer is not obliged to supply the client with any unedited RAW images taken.
Started from the date the Client share with Photographer his selection it may take up to 2 months to complete the order.
The Client hereby release and discharge the Photographer from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.
The Client as a Parent/Guardian on behalf of the minor child (s) granted the Photographer permission to photograph and/or film and sound record the minor child (s) and furthermore grant permission to use the resulting work (“the Work”) according to the terms stated hereunder:
1. Any permission granted to the Photographer shall extend to his/her successors, legal representatives, licensees and assigns and shall be irrevocable and perpetual without any further or additional claim for compensation by either the Client.
2. Permission is specifically granted for the Work to be edited, altered, used in whole or in part, in conjunction with other images, graphics, text and sound in any way whatsoever and without restrictions.
3. Permission herein granted is absolute and final and shall not be subject to further inspection or approval by either the Client at any stage in the use of the Work.
4. Use of the Work shall be unrestricted as to location, quantity or frequency, may be for any purpose and in any medium whatsoever, whether foreseen or unforeseen at this time, except where such use is in contravention of the law.
5. The Photographer shall own all rights in the Work which shall accrue to the benefit of his/her successors, legal representatives and assigns.
6. The Client as a Parent/Guardian warrants having read and understood this Contract and warrants being the Parent or legally appointed Guardian of minor child (s), and being of legal age and competency and with every right to enter into an agreement on behalf of the minor child (s).
SOCIAL MEDIA APPROVAL
- Yes, I agree with the Photographer posting images from this photo session on her website, teasers on her Facebook Business page, marketing materials, advertising, display, publication, etc.
- No, I do not agree with the Photographer posting the images from this photo session and wish to keep this session private.
I have read and understood this Contract and agree to all its terms.
CLIENTS NAME ____________________________