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.
Reservation: A signed contract and the package amount are required to reserve the specified coverage. A retainer amount of $25 is due at time of booking to reserve the session and package for {dateOf}. The remaining balance is due before or on {dateOf}.
Cooperation: The parties agree to cheerful cooperation and communication for the best possible result within the definition of this assignment.
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 to display them on social networking sites (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.
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 event 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.
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” or creative cropping 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.
Extensive Editing Policy: It is standard that your photos be edited, and provided to you in our agreed upon timeline. In the event that the CLIENT requests more extensive editing: Editing can be provided for a fee adjusted accordingly, to be paid prior to any additional editing being completed.
Weather Policy: In the event of weather conditions out of our control:
Due to photography equipment and lighting conditions, it is the photographer’s discretion if weather conditions are such that the session must be cancelled. If such an event occurs, you will be given the opportunity to reschedule for the next available date. If CLIENT pursues the session, regardless of the photographer’s advice, and the images are not up to Sara Nutt Photography’s standards, the CLIENT will be responsible for all charges related to scheduling an additional shoot.
Cancellation and Rescheduling Policy: If you must cancel, Sara Nutt Photography must be notified 24 hours 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 24 hours prior, your session deposit will be forfeited.
Props: The CLIENT is responsible for bringing any 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 session fee.
Appearance: In the event that the CLIENT would like additional photos due to appearance out of the photographer’s control (hair/makeup, etc.) in the previous session, the CLIENT will be charged for an additional session at the photographer’s session fee.
Outfits: There are (zero) outfit changes included in this session.
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 the 20 minutes is over. After the 20 minutes is over, you must book another session time slot if available.
Security Retainers: In the event of cancellation, the deposit amount is non-refundable. It shall be liquidated damages to Sara Nutt Photography in the event of a breach of contract by CLIENT. The CLIENT shall also be responsible for payment of any Sara Nutt Photography material charges incurred up to time of cancellation. If CLIENT needs to reschedule for any reason, CLIENT must do so within 24 hours and any retainer or paid fees will be transferred to the rescheduled session.
Completion Schedule: Editing and image delivery takes approximately 1 to 2 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.