Little Darlings Photography, LLC

By Heather Ann

330-495-2338

PHOTOGRAPHY SESSION AGREEMENT

Every Photo Tells A Beautiful Story

Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. Photographer is not responsible if she can't obtain quality shots because of other cameras at the photo session.

PAYMENT ARRANGEMENT: 

A deposit of $50.00 and a signed copy of this agreement are required to reserve a portrait session date. The remaining balance of the scheduled portrait session is due on the day before Client’s portrait session. Pricing is non-negotiable. Prices subject to change without notice. Pricing will be honored at time of booking. 1st Birthday/Cake Smash Premium Session will require a deposit of $80.00 at the time of booking your portrait session date and is applied towards your session balance. Due to the cake being made to order, Cake Smash Sessions must be cancelled at least 6 working days in advance. If less notice than this is given, a $50.00 rebooking fee will be charged, whatever the reason for the cancellation.

SESSION IMAGES: 

Final images will be ready within 2 weeks of the session date. Photographer retains the right to edit the photographs as she sees fit based on experience and expertise and omit any image(s) that do not meet her standards. Edited photos will be available to view online, You will be able to choose and favorite the number of digital photos that come with your package. I will then email those photographs to you. You will receive a password to view your collection. When viewing your collection, you will see a watermark on each photo. Once you download the photos that you have chosen from your collection, those watermarks will no longer be visible. Watermarks will no longer be seen on printed photos as well. You will also have the option to purchase printed photos from my lab and the option to purchase other digitally downloadable photos. After your session I will give you recommendations for the best places for you to print on your own should you choose to, but please note your print release does not cover printing at places such as Walgreens, instant printer kiosks, or Walmart because they alter the color and quality of your photos. I cannot guarantee any prints not ordered through my lab. A low resolution, watermarked Facebook preview will be available within a few days of the session. Clients are free to tag and share this as they wish.

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 deposits paid are non-refundable. Deposits are transferable if a date change is necessary if scheduled within 30 days of your original scheduled session. Seventy-Two hours (72) notice of postponements or cancellations is appreciated. If it is not possible for a session to take place on a scheduled day due to weather, Photographer and Client will reschedule on an agreed date at the earliest date possible, with no additional charge. Cake Smash Sessions must be cancelled at least 6 working days in advance. If less notice than this is given, a $50.00 rebooking fee will be charged, whatever the reason for the cancellation.

COOPERATION/NO SHOWS:

Photographer is not responsible if Client and/or key individuals fail to appear or cooperate during portrait sessions, or for missed images due to details not revealed to Photographer. Photographer’s camera is the only camera allowed at the photo session because of the distraction it causes, especially to small children, which hinders Photographer’s ability to obtain quality shots. If Client and/or key individuals fail to appear to a scheduled portrait session, the deposit is non-refundable. 

DIGITAL NEGATIVES, PRINTS & COPYRIGHT:

All images and copyrights are the property of Little Darlings Photography by Heather Ann ("Photographer"). In exchange for services provided, Photographer retains the exclusive right to copy, edit and distribute any/all images created under this agreement, to the general public, for any reason, including but not limited to:  advertising, marketing, sales, print competitions, educational seminars, and monetary gain. The mediums for display could include newspapers, magazines, books, television, and the internet, but are not limited to only those mediums. The Photographer retains these rights even if image files are turned over to the Client.

All photos created by Photographer are copyright protected. It is a violation of federal copyright law to copy, scan, or allow photographs created by Photographer to be reprinted, duplicated, digitally reproduced, copied, scanned, or altered digitally or otherwise, without Photographer's express written permission. The client may print (on their own) their personal photographs with the written consent of Photographer only once in possession of the digital images. The negatives/digital files remain sole property of Photographer and will never be given or sold.

Photographer agrees to grant these image rights to the client with a non-exclusive, limited, perpetual license.

This license allows the client to do the following with the images:

i) Display the images;

ii) Print the images;

iii) Upload, email, or electronically transfer the images or files; and,

iv)  Publish the images on personal websites or social media websites

 CLIENT’S USAGE:

Client is obtaining images for personal use only, and shall not sell said images or authorize any reproductions by parties other than Photographer. Guidelines for personal usage are contained within the print release form provided when final digital images are delivered. Prints for publication (such as editorial, public relations or advertising use) require prior written consent from Photographer. A credit line which reads “Little Darlings Photography by Heather Ann" in type no smaller than that of the related text must appear adjacent to or within all permitted published photographs.

 LIMIT OF LIABILITY:

I take the utmost care with respect to the exposure and retouching of digital captures. 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. In the unlikely event of a total photographic failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.

IMAGE STORAGE:

Images are kept on file for 3 months after digital images are sent to client

RETOUCHING, CONVERSIONS AND DIGITAL FILES:

Standard retouching is included in the session fee. Standard retouching includes light blemish, bruises and scratch removal. Lessing of scars or mild acne. Skin may be smoothed to look soft. Not included is complex retouching: hair color changes or adjustments, extreme scarring, laugh lines, nail color/filing, and body-shaping. Please inquire for costs on complex retouching. Photographer has the right to refuse any requested edits to the images. 

MILEAGE

Travel fee of $1.25/mile will apply for sessions more than 10 miles from Hartville 44632

INDEPENDENT CONTRACTOR:  

This Contract is not to be construed as an employment agreement in any way. The Photographer functions as an independent contractor.

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. This constitutes an order for one portrait session with Little Darlings Photography LLC by Heather Ann.

The undersigned have read and understood the contract and agree to the terms and conditions in their entirety.