The Agreement
This portrait contract is an agreement between the Client, whose name and address is listed above, and Mackenzie Bissett of The Final Touch Photography. (Hereby referred to as “Photographer”) This contract agreement is binding and contains the entire understanding between The Final Touch Photography and the Client. The only way to add or change this agreement is to do so in writing and signed by both parties. Portrait sessions are conducted in Peel Region, York Region and Etobicoke (West Toronto).
Deposit and Payment:
The Client agrees to sign portrait contract and pay The Final Touch Photography a $50 deposit at the time of booking to secure portrait session date and time agreed by both parties. This is a non-refundable deposit fee that goes towards the portrait session. The final balance payment of the complete package price must be paid at least two business days before session date for e-transfer and credit card transactions through PayPal. The final balance payment of the complete package price payable by cash is done on the day of the portrait session. All portrait session fees do not include any prints or products.
Cancellation:
In the event of cancellation or breach of contract by the Client, the $50 deposit fee paid is non-refundable. It shall be liquidated for damages to The Final Touch Photography. If final balance payment is not received on time, The Final Touch Photography will not be expected to attend the portrait session. The Client is also responsible for payment of any material charges incurred up to the time of cancellation. The Final Touch Photography reserves the right to reschedule due to illness, weather, equipment malfunction, emergency, or other circumstances beyond their control.
Rescheduling:
If an illness prevents a portrait session from taking place, the Client may reschedule at least 24 to 48 hours prior to their session date without penalty. Should the Client fail to give notice or decide to completely cancel the session, the deposit fee is forfeited and non-refundable. Rescheduled sessions must occur within 20 days of the original session date. Availability is based on the Photographer’s schedule.
Model Release:
The Client grants to The Final Touch Photography and its legal representatives and assigns, the irrevocable and unrestricted right to take photographs of myself, my minor child/children, pets and my property as deemed fit by the Photographer. I authorize The Final Touch Photography, its assigns and transferees to copyright use and publish images from the portrait session in print and /or electronically for publicity, editorial, trade, marketing, advertising, publishing to blogs, Facebook, Instagram, Pinterest and other web content for any other purpose. The Client hereby releases and discharges The Final Touch Photography and its legal representatives and assigns from all claims and demands ensuing from or in connection with the use of the photographic images, including any and all claims for libel and invasion of privacy.
Copyrights and Reproduction:
The Final Touch Photography retains all copyrights to all images created during the Client’s portrait session. The images produced by The Final Touch Photography are protected under Copyright Law (all rights reserved) and may not be reproduced in any manner without The Final Touch Photography’s explicit written permission. The Client can upload photos to social media sites (Facebook, Instagram, Pinterest) provided they have The Final Touch Photography mention ot the company name is tagged on each single photo. Upon receipt of USB or images purchased off the online web gallery, limited ownership of the resulting images will be transferred to the Client under the following conditions:
The photographic images are the property of the Client for personal use and for the purpose of reproduction and giving of photographs to family and friends.
The Client must obtain written permission from and compensate The Final Touch Photography prior to the client or client’s family and friends publishing or selling the images for profit.
The amount of compensation should be discussed and agreed upon by both parties in a separate agreement.
Limitation of Liability:
If the Photographer cannot fulfill this contract agreement due to fire, other casualty, act of God, or other causes beyond her control, the Photographer shall return any deposit fees to the Client and have no further liability with respect to the contract agreement. The Final Touch Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs are lost, stolen or destroyed for reasons within or beyond The Final Touch Photography’s control, The Final Touch Photography’s liability is limited to the return of all payments received for the portrait session. The limit of liability for the partial loss of originals shall be prorated amount of the exposures lost based on the percentage of total number of originals.
Liability:
Photographer is not responsible for any injuries inflicted upon any participating parties. Client will be responsible for their child/children, family members, pets and themselves and release the Photographer from any claims against the person or their business. The Client releases The Final Touch Photography and its legal representatives and assigns from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the portrait session.
Print Life:
Client is aware that color dyes and inks in prints may fade or discolor over time due to the inherent qualities of dyes and inks, and Client releases The Final Touch Photography from any liability for claims whatsoever based upon the fading or discoloration
Location Access, Permits & Fees:
The Client is responsible for organizing access to location and to obtain permits and licenses if applicable that are associated with the location selected. Proof of paymentfor location fees and copies of permits and licenses must be submitted via email to The Final Touch Photography prior to portrait session date. Client is also responsible for all parking, grounds and admission fees associated with the location.
Locations selected should be in Peel Region, York Region or Etobicoke (West Toronto) area.
Multiple Locations:
If more than one location is required for the portrait session, the travel time between both locations count towards the total amount of time allotted for portrait session.
Weather Policy:
In the event of bad weather conditions, The Final Touch Photography will contact the Client on the need to reschedule. Due to sensitivity of photography equipment, The Final Touch Photography reserves the right to cancel portrait sessions prior or during the session.
Late Arrival:
Any Client who is late arriving for the portrait session will have the amount of time late deducted from the time allotted for the portrait session. Client will not be compensated for the time deducted from the portrait session due to late arrival of the Client.
Photographic Integrity and Retouching:
It is understood that the Client is hiring the Photographer for her technical and artistic expertise and, therefore, Photographer reserves the right to edit the images as she sees fit. The Client will not make or permit any alterations, including but not limited to, additions, subtractions, or adaptations with respect of the images without the prior permission of The Final Touch Photography. Normal reproduction adjustments for color, contrast, brightness, sharpness and cropping are permitted. Additional charges of $50.00 per image apply if the Client request additional retouching of images. The Final Touch Photography has the rights to refuse any requested edits to the images.
Substitute Photographer:
The Final Touch Photography reserves the right to substitute with another photographer. The substitute photographer is selected at the discretion of the Photographer and does not constitute a breach of this contract agreement. The Final Touch Photography warrants the substitute Photographer to be of comparable quality and professionalism. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the portrait session.
Family Session – Additional Family Members:
The Family Session package covers up to four (4) family members. If the Client would like to include additional family members, the Client is charged at $25.00 per person. The Client can include up to 2 pets with no additional fees. If there are over 2 pets, the Client is charged at $25.00 per pet.
Pet Policy:
The Client is fully responsible to manage the pet’s behavior and safety during the portrait session. The Client releases The Final Touch Photography and its legal representatives and assigns from all liabilities, claims and damages that may result from any accidents or incidents that may happen during the portrait session caused by the pet. The Final Touch Photography has the rights to refuse photographing any pet where their behavior is disruptive and causes delays during the portrait session.
Portrait Session Cooperation:
Client agrees to assist and cooperate with the Photographer in obtaining desired images including specific scenes, poses, pre-consultations, and questionnaire submission. No cameras, video cameras, recording devices including cell phone cameras are allowed during the portrait session. The Photographer will not continue the portrait session if there are other cameras or video-taping during the session. It is the responsibility of the Client to ensure cooperation of additional subjects. Please do not bring or have any children not being photographed to the portrait session.
Client Responsibilities:
Session starts at the agreed upon time. It is strongly encouraged that the Client arrives 15 minutes prior to the start of the session. This allows for any last-minute feeding, changing, and relaxing before portrait session begins. The client shall maintain control over other subjects and siblings. Please do not bring any children not being photographed to the session. The Client shall be prepared with any necessary wardrobe, props, and the remaining cash for balance payment due for the session. The Final Touch Photography is not responsible if Client or key individuals fail to appear or cooperate during the portrait session or for missed images due to details not revealed to the Photographer.
Outfit Changes:
Up to 2 outfit changes for maternity, family and little sessions. Up to 3 outfit changes for newborn sessions.
Outfit changes count towards the total amount of time allotted for portrait session.
Safety:
The Photographer agrees to ensure safety precautions are taken at all times. The Client has the right to stop any poses, or actions that make them feel uncomfortable or unsafe at any time. Photographer will make every effort to engage child/children and encourage them to participate in the portrait session. The Client is responsible for their child/children’s safety during the session. The Client should ensure that a responsible adult other than the Photographer is present at all times to supervise the children as required. A designated area is assigned by the Photographer to store camera equipment, camera bags, props and accessories during the session. It is the responsibility of the Client to ensure their child/children or pets does not touch any photographic equipment and any damages as a result will be the responsibility of the Client.
Delivery of Images:
Editing images will be delivery but download though The Final Touch Site. USB creation will take approx Extra charge of $30.00. 2-3 weeks for completion. The Client will receive a pass-word protected on-line gallery that will showcase all edited images with a Print Release document. The Client can download all of their favorite images. For little sessions, on-line proofing gallery will showcase 25 selected images with watermarks and the Client can select 10 of their favorite images.
Clients have 14 days to submit their order at which time the on-line proofing gallery will be deactivated. Watermarks cannot be edited or cropped out of photos. The Final Touch Photography will re-upload these images to the Client with the watermark for download at high-resolution for personal printing purposes. If the Client requires additional images, extra charges apply.
Archive:
Ordered images will remain on file for 6 months from the date of the portrait session. Unordered images will be purged after 30 days from the date of the first viewing from the on-line photo gallery. It is the Client’s responsibility to properly store and archive the images after delivery from The Final Touch Photography.