Contract

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I, [swift_email name=”email”], and Janine Speake Photography agree to the following:

A. Session Fees

Client agrees to pay 50% of their fee to book a session and reserve a spot with Janine Speake Photography. This is a non-refundable fee that covers the time and talent of photographer, use of props, and creative editing of images, as determined by the photographer. Prints, products and digital images included in the fee will be listed below. Please be sure to review all pricing details. Pricing information will be discussed during the pre- session consultation and will be emailed to the client for reference. There are no refunds or exchanges of any kind due to the custom nature of portrait photography.

B. Rescheduling

If an illness or situation prevents a photo session from taking place, the client may reschedule the session at least 24 hours prior to the shoot without penalty. Should the client fail to give 24 hours notice, or decide to completely cancel the shoot, this session fee is forfeited and will not be refunded. The photographer reserves the right to reschedule due to illness, weather, equipment malfunction, or other circumstances beyond her control.

C. Re-shoots / Refunds
Re-shoots are determined at the discretion of the photographer. There are no refunds.

D. Archive

After thirty (30) days, all images will be purged from photographer’s hard-drive, except as needed for promotional purposes, to be determined by photographer at photographer’s sole discretion. The photographer is not responsible for loss or damage to the digital files due to circumstances beyond photographer’s control.

E. Payment

All remaining payments are due on the day of the shoot unless other payment arrangements have been made. Editing and Orders will not be processed until payment in full is received. If client has arranged a payment plan, order will be placed after the final payment has been received. All payments must be cleared before any products can be ordered.

F. Damage

The photographer is not responsible for the damage of portraits after delivery to client, including damage caused during delivery by Royal Mail. Client assumes all responsibility for the safety of all portraits upon receipt.

G. Your Session

The client should take the time to review samples of the photographer’s work to make sure that her style of photography and editing is a good fit (these can be seen at www.janinespeake.com or facebook.com/janinespeakephotography). When a client books with Janine Speake Photography, he/she gives the photographer full reign over session styling and artistic editing of photos. The photographer will be choosing the props that will be used and the best of the images to edit and present so if the client has specific likes or dislikes these should be discussed well in advance of the session. It is the photographer’s goal to provide all clients with pictures that they will love. Her newborn editing workflow includes brightening, removing any baby acne and prominent skin flakes, reducing redness and yellowing caused by jaundice, softening skin to even out blotchiness and give a smooth texture, and sharpening to bring out features. If either parent is opposed to any of this, her style of photography may not be a good fit. Better to discuss this now then after the session as there are no refunds.

H. After the session

Your final images will be available 5-7 days after your session. Your images will be viewed by yourself in a private, password protected gallery. At this time (and only this time) the image gallery will be presented and you may choose your digital files/products included in your session fee. All parties that will need to be involved in the financial decision must be present. Your gallery will be active for 7 days.. If you need longer please allow for a £25 administration fee. Please note, again, there no refunds or exchanges on fees paid due to the custom nature of portrait photography.

I. Model Release

I hereby give Janine Speake Photography the absolute and irrevocable right and permission with respect to the photographs that she has taken of myself and/or my minor child:

a) To copyright the same in the photographer’s name or any other name that 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, display, Etsy, portfolio, competitions, vendor publication or publication to promote the studio and;

I hereby release and discharge Janine Speake Photography from all and any claims and demands ensuing from or in connection with the use of the photographs, including any and all claims for libel and invasion of privacy.

J. Liability

The 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 the photographer from any claims against their person or their business. The Client(s) will waive, disclaim and release Janine Speake Photography and its respective owners, members, employees, agents, volunteers and representatives from any and all actions, claims or demands that they may have now or in the future, whether known or unknown, against the Janine Speake Photography, including without limitation those related to injury to or death of persons, or damage, loss or destruction of property arising out of or in connection with the Session or any products related thereto.

K. Indemnification

The client hereby agrees to indemnify and hold harmless the Janine Speake Photography from all liabilities, losses, claims, costs (including lawyers’s fees and court costs), damages or expenses of whatever nature that may result from injury to or death of persons, or damage, loss or destruction of property arising out of or in connection with the Session or any products related thereto.

L. Copyright & Penalty

Janine Speake Photography retains all copyrights to all images created during client’s session. A print release will be provided with digital files to print portraits for personal use. The print release does not allow publication of the portraits (i.e. entering in contests), selling or altering of the images without the photographer’s written permission.

M. Sneak Peaks and Facebook Sharing

Janine Speake Photography will post a favourite shot(s) from the session on the Facebook fan page once product purchases have been made and encourages the client(s) to tag himself/herself and share with friends and family. Please note that clients are allowed to use these on their Facebook Profile as long as the watermark remains fully intact, and the photo is not altered or cropped in any way.

N. Refund Policy

The Client(s) hereby agrees that he/she fully understands that there are no refunds or exchanges on purchases due to the custom nature of portrait photography.

 

 

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I hereby agree to the above.

Addendum A:
[swift_initials] I also warrant I am not a great white shark.

[swift_textbox name=”name”][swift_email name=”email”]

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