Entire Agreement
This agreement contains the entire understanding between Sara Nutt Photography and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all the parties. In the event that the parties waive a portion of this agreement, the contract is not waived in its entirety. The party against whom a waiver is sought to be effective must have the waiver in writing.
Model Release
The CLIENT hereby grants Sara Nutt Photography and its legal representatives and assigns, 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 and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The CLIENT hereby releases Sara Nutt Photography and its legal representatives and assigns from all claims and liability relation to said photographs.
Limit of Liability
Sara Nutt Photography takes the utmost care with respect to exposure, transportation, and processing the photographs. However, in the unlikely event that photographs have been lost, stolen, or destroyed for reasons within or beyond Sara Nutt Photography’s control, Sara Nutt Photography liability is limited to the return of all payments received for the session package. 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.
Props
The CLIENT is responsible for bringing any additional props that they would like in their photos. In the event that the CLIENT has forgot a prop for the session and wants photos with that prop, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
Tardiness
In the event that the CLIENT is late to the appointment set, the CLIENT’S session will still be for the same scheduled ending time. Photographer will wait at agreed upon meeting location until 20 minutes after the session start time. In the event that the CLIENT does not arrive within 20 minutes of the session time and date, they will be required to purchase an additional session package for another session
Appearance
In the event that the CLIENT would like additional photos due to appearance out of the photographer’s control (parent’s hair/makeup, etc.) in the session, the CLIENT will be charged for an additional session at the photographer’s hourly rate to reschedule or shoot additional photos.
Cancellation and Rescheduling Policy
If you must cancel, Sara Nutt Photography must be notified (1) day prior to the session date to qualify for a reschedule. The reschedule date will be made as soon as possible, at the photographer’s discretion. If notification is not made (1) day prior, your session retainer will be forfeited.
Completion Schedule
Editing and image delivery takes approximately (2) to (3) weeks, but may take longer. In the event that image delivery is outside of this time, the CLIENT will be notified via email before the due date.
Cooperation
The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment. In the event the newborn is uncooperative, we will work with him/her as best we can. In the event that the newborn is fussy throughout the duration of the session our policy is to reschedule another session as soon as possible, to try again and hope to get a happier baby. If the re-do goes the same, Sara Nutt Photography will do her best to pull 20-25 images from both sessions. Sara Nutt Photography puts the highest priority on prop and furnishing cleanliness. In the event that your newborn becomes sick after the session, Sara Nutt Photography cannot be held liable or responsible.
Copyrights
The photographs produced by Sara Nutt Photography are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without Sara Nutt Photography’s explicit written permission. It is a breach of this agreement not only to reproduce the images, but also to display them on social networking sites and apps (Facebook.com, Instagram.com, etc.). If displayed on social networking sites, photos must say, “Photos by Sara Nutt Photography,” somewhere visible on the photo or on the information tab below each single photo. Upon image distribution or images purchased off your online web gallery, limited copyright ownership of the resulting images will be transferred to the CLIENT under the following conditions: The photographic images are the property of CLIENT for personal use and for the purpose of the reproduction and giving of photographs to friends and relatives. The CLIENT must obtain written permission from -- and compensate Sara Nutt Photography -- prior to the CLIENT or the CLIENT’S friends and relatives publishing or selling the photographs for profit.
Exhibition
Requests for photographic images to be used by Sara Nutt Photography may be requested at a future time. CLIENT grants Sara Nutt Photography permission to display selected images resulting from this assignment as an example of Sara Nutt Photography’s work, and for entrance into photographic competitions and release all claims to profits that may arise from use of images.
If CLIENT’S photo is requested to be used in any print or online publication, CLIENT will discuss this with Sara Nutt Photography. Sara Nutt Photography grants CLIENT limited rights to use the images in marketing materials with specifications that photo by Sara Nutt Photography is listed on the image/article.
Social Media Policy
You are free to share any of your photos on any social media platforms. Any photos shared that have been altered by “filters”, creative cropping, or screenshots will be a direct conflict of this contract, and must be removed immediately. Any sharing done on social media must include credit to Sara Nutt Photography in the caption, or a link to Sara Nutt Photography's website/social media handle.
Standard Operating Procedures
During a newborn session the room will be heated to a temperature that makes it possible for STUDIO to pose the newborn without clothes. Please be aware of the heat of the session and dress accordingly. Please note that this session will last up to (4) hours. Sibling(s) are more than welcome to come for the duration but we will try to get the sibling(s) images photographed at the (beginning/end) of the session, if you would rather them not wait the duration of the session.
What to wear parent(s)/sibling(s)
If there will be parent or sibling images done, please wear the following type of clothes: neutral, simples (blacks, browns, tans, whites. Try to include different textures throughout the family.