Mini Session Agreement with Emma Rose Company
This document is a contractual agreement made between: Emma Rose Company (referred to hereafter as “Photographer”) and Client.
PORTRAIT SESSION: Client is guaranteed up to 15 minutes of shoot time. Mini sessions are limited time wise, so groups of 5 or more may require additional sessions which will be disclosed at the time of booking.
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 amount of $149 is still due 48 hours prior to photography session. Session fees are transferable if client can find a replacement.
WEATHER: If it is not possible for a session to take place on a scheduled day due to weather, Photographer may or may not decide to host the mini event on another date. Client will be refunded the $1 it took to reserve session.
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, Photographer is not responsible for rescheduling. 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 Emma Rose Company.
ARCHIVE OF SESSION IMAGES: Within 4 weeks upon delivery via online gallery, all images will be purged from Photographer’s hard-drive as well as online gallery depending on Photographer's discretion, except as needed for promotional purposes, to be determined by Photographer at Photographer's sole discretion. Photographer is not responsible for client not downloading and backing up their images online upon delivery.
CLIENT’S USAGE: Client is obtaining digitals for personal use only, and shall not sell said digitals 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 “Emma Rose Company” in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.
LIABILITY: 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.
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.
PRINT LIFE: Client is aware that color dyes and inks in non-archival prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases Photographer from any liability for claims whatsoever based upon the fading or discoloration due to the inherent qualities when prints are not purchased from photographer. Prints purchased from the photographer are guaranteed against natural light fading and will be replaced in the case of unexpected bleaching.
PORTRAIT FEES: Portrait fees include a 15 minute session and an online photo gallery with images in hi-resolution from the session. Portrait fees are determined in advance based on the number of individuals to be photographed and the location of the photo shoot and will always be announced at the time of the mini session release. The balance of the session fee is due 48 hours prior to Client’s portrait session. Clients must pay the session fee online or payable by either check or cash directly to Photographer. Please no exceptions.
Prints through the photographer are ordered ala carte. All prints include standard retouching and shipping through the U.S. Postal Service. Prints generally ship via Priority Mail two to four weeks after Client’s print order has been paid in full. Rush printing and shipping can reduce delivery times by one to two weeks. A 50% rush fee is applied to the cost of each rush print.
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.
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.
MODEL RELEASE: I hereby give Photographer the absolute and irrevocable right and permission with respect to the photographs that he/she has taken of myself and/or my minor child in which he/she may be included with others: a) To copyright the same in the photographer’s name or any other name that he/she may select;
b) To use, re-use, publish and re-publish the same in whole or in part, separately or in conjunction with other photographs, in any medium now or hereafter known, and for any purpose whatsoever, including (but not by way of limitation) illustration, promotion, advertising and trade, and; I hereby release and discharge photographer from all and any claims and demands ensuing from or in connection with he use of the photographs, including any and all claims for libel and invasion of privacy.